The long, slow death of non-crime hate incidents

The Free Speech Union was partly responsible for a major free speech victory in July when the College of Policing?unveiled its new guidance ?on the investigation and recording of non-crime hate incidents (NCHIs), advising the police to exercise more common sense and not intervene in “trivial or irrational” online incidents simply because someone is offended.

Earlier this year, the Free Speech Union worked with Lord Moylan and other peers on an amendment to the Police, Crime, Courts and Sentencing Bill that would have put an end to the practice of recording NCHIs in such a way that they can show up in an enhanced criminal record check. That amendment was withdrawn when the Government agreed to make its own amendment granting the Home Secretary the option to produce statutory guidance (a “code of practice”) on the recording and retention of personal data relating to NCHIs. Following the passing of that Bill, the Home Office has said the Secretary of State will go ahead and issue this guidance, so the reason the College of Policing has issued new interim guidance is partly to get out in front of this new statutory guidance.

Unfortunately, Hampshire Police didn’t get the memo – and last week?dispatched five officers ?to arrest Darren Brady, an army veteran who’d reposted a meme created by Laurence Fox depicting the Pride flag as a swastika in an unsubtle attempt to highlight the authoritarian way in which the LGBTQ+ agenda is sometimes promoted. Fox himself hasn’t been investigated by the police for posting this meme on Twitter and nor has the?Daily Mail?for reproducing it. But when Mr Brady posted it on Twitter, someone complained to the police and they duly arrested him. As one officer told him when he was being handcuffed: “Someone has been caused anxiety based on your social media post. That is why you have been arrested.”

It wasn’t just Mr Brady who was arrested. When he asked for help from Harry Miller – the ex-copper who took Humberside Police to court when he was investigated for retweeting a comic verse about trans women and won – Harry took off for Hampshire, stood outside Darren’s house and tried to prevent the police arresting him, pointing out that he hadn’t broken the law. The officers responded by arresting Harry as well. (You can read an article in the?Daily Sceptic?by FSU co-founder Ian Rons about the incident?here .)

But we doubt either Darren or Harry will be charged. Donna Miller, the Police and Crime Commissioner for Hampshire,?issued a statement ?shortly after the double arrest condemning her officers’ conduct. “When incidents on social media receive not one but two visits from police officers, but burglaries and non-domestic break-ins don’t always get a police response, something is wrong,” she said.

Let’s hope the combination of the new statutory guidance from the Home Secretary and Harry Miller’s continuing heroics spell the end of NCHIs.