MP Looks to Scrap Recording of Non-Crime Hate Incidents

Non-Crime Hate Incidents: What the Proposed Changes Could Mean

The Home Secretary has confirmed plans to scrap the recording of non-crime hate incidents in its current form across England and Wales.

While the move is intended to refocus policing on criminal offending, campaigners and legal experts warn it may have unintended consequences – particularly for disabled people and other vulnerable groups.

Non-crime hate incidents are reports of behaviour perceived to be motivated by hostility or prejudice, such as racism, religious hatred or disability-related abuse, but which fall short of a criminal offence.

Historically, these reports have been used by police as intelligence to identify patterns of escalating behaviour.

Why Non-Crime Hate Incidents Matter

Researchers argue that lower-level incidents often form part of a wider pattern.

What begins as verbal abuse or harassment can escalate into stalking, intimidation or physical violence.

For many disabled people, this kind of repeated behaviour is not a one-off incident but a persistent feature of daily life.

Academics specialising in disability hate crime have highlighted examples ranging from neighbours blocking access routes, persistent intimidation, and aggressive conduct, through to behaviour that later escalated into serious criminal offences.

Without formal recording, concerns have been raised that early warning signs may be missed.

The Government’s Rationale

The government has justified the change by pointing to concerns around freedom of expression and the perception that police time has been diverted towards investigating lawful speech, particularly online.

Senior ministers have said officers should focus on criminal conduct rather than “perfectly legal” expression.

Police leaders themselves have previously described the existing framework as not fit for purpose, following high-profile cases where non-crime hate incident records were criticised as disproportionate.

Criminal Defence Implications

From a criminal defence perspective, changes to how non-crime hate incidents are recorded could have significant consequences.

• Background intelligence: Non-crime hate incident records have historically been used by police to establish context in later criminal investigations. Their removal may alter how prosecutors attempt to demonstrate patterns of behaviour.
• Disclosure issues: Defence teams may see fewer historic reports forming part of unused material, potentially limiting context relied upon by the prosecution.
• Threshold concerns: There may be increased pressure on police to categorise behaviour as criminal earlier, rather than recording it as intelligence, which could result in more marginal cases reaching charge stage.

For defendants, this could cut both ways.

While fewer intelligence records may reduce the risk of historic allegations influencing charging decisions, there is also concern that incidents previously managed informally could now escalate directly into criminal proceedings.

Impact on Victims and Reporting

Campaigners fear that removing this category could discourage reporting altogether.

Victims of hate-related behaviour may feel their experiences fall into a gap between criminal and non-criminal conduct, particularly where abuse is subtle, cumulative or perpetrated by neighbours or carers.

For disabled people, charities warn that the loss of recorded intelligence could reduce safeguarding opportunities and make it harder for agencies to intervene before behaviour becomes dangerous.

A Shifting Legal Landscape

Any reform will need to strike a careful balance between protecting freedom of expression and ensuring early intervention where there is a real risk of harm.

From a legal standpoint, defence solicitors will be watching closely to see how police forces adapt their approach to recording, investigation and charging decisions.

As with many policing reforms, the real impact will depend not just on policy announcements, but on how changes are implemented on the ground – and how they influence future prosecutions.

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