Non-Crime Hate Incidents: Why Police Watchdog Calls for Change

Chief Inspector calls for the end of police recording non-crime hate incidents.

Sir Andy Cooke, Chief Inspector of Constabulary, has called for the end of police recording non-crime hate incidents (NCHIs). These reports, which track speech or behaviour perceived to be motivated by hostility but falling short of a criminal offence, have long been controversial.

From a criminal defence perspective, the debate reflects a wider tension between free expression and the role of policing in managing community relations. The question is whether recording non-criminal conduct as “hate-related” undermines free speech or whether it is a legitimate tool to prevent disorder.

What Are Non-Crime Hate Incidents?

NCHIs are reports made to police about behaviour or speech motivated by hostility towards race, religion, sexual orientation, disability, or transgender identity — but which do not meet the threshold of a criminal offence. They were introduced to monitor community tensions and help prevent escalation.

However, critics argue that they create a “chilling effect” on speech. While recording such incidents is not a criminal conviction, it can appear on enhanced Disclosure and Barring Service (DBS) checks, with long-term consequences for employment and reputation.

Police Watchdog’s Position

Launching his annual state of policing report, Sir Andy Cooke said:

“I’m a firm believer that non-crime hate incidents are no longer required. Intelligence can be gathered in a different way, which would cause less concern to the public and make recording easier for policing.”

He stressed that recording NCHIs consumes little police time but attracts disproportionate criticism, damaging public trust. He suggested reform of both policy and legislation to reduce controversy and provide clarity for officers.

Social Media and the Law

The issue is especially acute online. Social media has become a central arena for political and cultural disputes, but what is posted can quickly cross the line into criminal law. Offences include:

• Malicious Communications Act 1988 – for sending grossly offensive or threatening messages.
• Public Order Act 1986 – covering incitement to violence or stirring up hatred.
• Communications Act 2003 – for sending messages deemed offensive or menacing.

Cooke pointed to the recent high-profile arrest of writer Graham Linehan for alleged incitement online as an example of how online policing places officers in a difficult position. Even when no criminal charge follows, the reputational and personal impact on the individual can be immense.

The Defence Perspective

For those facing investigation over speech – whether online or in person – the distinction between a recorded NCHI and a criminal charge is crucial. Defence solicitors regularly advise clients who have discovered that remarks made in heated debate, on social media, or even in casual conversation have led to a police report.

Key concerns include:

• Free speech vs offence: The law protects robust debate but not speech that crosses into threats or harassment.
• DBS implications: Even non-crime incidents may affect careers in education, healthcare, or law.
• Proportionality: Police must balance community reassurance with protecting fundamental rights.

Policing Under Pressure

Cooke also highlighted broader challenges facing forces: high demand, insufficient resources, and inconsistent performance.

His report found that 26% of police inspections rated forces as “requires improvement”, with 6% judged “inadequate”. Responding to crime, protecting vulnerable people, and investigating effectively remain areas of weakness.

Conclusion

The call to end the recording of non-crime hate incidents reflects the growing need to balance community safety, free expression, and efficient policing.

For those caught up in such cases, the consequences can be long-lasting even without a criminal conviction.

As debates over speech, online policing, and public order continue, clear guidance and strong legal representation remain essential.

How We Can Help

If you would have any questions about any public order offences then our award-winning team of experts are on-hand to help answer any of our concerns. Call us now on 0161 477 1121 or email us.