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<p>The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.</p><p>To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.</p><p>The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.</p><p>The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.</p><p>The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.</p> |