A hate incident is defined in Section 60 of the Police, Crime, Sentencing and Courts Act 2022 as:
“an incident or alleged incident which involves or is alleged to involve an act by a person (“the alleged perpetrator”) which is perceived by a person other than the alleged perpetrator to be motivated (wholly or partly) by hostility or prejudice towards persons with a particular characteristic.”
The Origin of the Recording of Non-Crime Hate Incidents
The recording of non-crime hate incidents stems from the murder of Stephen Lawrence in 1993. Following this tragedy, the Stephen Lawrence Inquiry Report, published in 1999, called for a Code of Practice and recommended that the police formally log “racist incidents” that did not meet the threshold of being a criminal offence. Since then, the recording of non-crime hate incidents has expanded to cover all the protected characteristics covered by hate crime laws in England and Wales – race, religion, disability, sexual orientation and transgender identity.
In 2014, the College of Policing published operational guidance on non-crime hate incidents, and the Police, Crime, Sentencing and Courts Act 2022 then introduced a Code of Practice for police in England & Wales on non-crime hate incidents. In 2023, the College of Policing updated its operational guidance so that police would only record non-crime hate incidents when it is absolutely necessary and proportionate.
Concerns Regarding the Recording of Non-Crime Hate Incidents
Infringement of Article 10 Rights
The case R (Miller) v College of Policing (2021) demonstrated that the recording of non-crime hate incidents can unlawfully interfere with one’s Article 10 right to freedom of expression (free speech). The case involved a former police officer making alleged transphobic tweets which were recorded on a national database as a non-crime hate incident. The Court of Appeal ruled that the current police guidance on the recording of ‘hate incidents’ unlawfully interferes with the right to freedom of expression, as it can have a negative effect on public debate.
Distraction from Criminal Issues
There have also been concerns that police officers can be distracted from tackling crime in favour of recording and investigating non-crime hate incidents. This takes away from violent, criminal issues such as violence against women and girls, knife crime and terrorism, which are currently some of the main, high-harm priorities for UK police forces.
Change in Policy
In October 2025, the Metropolitan Police announced that it will no longer be investigating non-crime hate incidents following the high-profile case of Irish comedian writer and director Graham Linehan. In October 2024, Linehan was accused of harassing transgender activist Sophia Brooks on social media platform X and then damaging her phone when she tried to confront him about his online posts outside a conference in London.
In September 2025, he was arrested on suspicion of inciting violence in relation to the online harassment, and the case proceeded to trial. He pleaded not guilty to both charges and was cleared of the harassment charge. However, he was found guilty of the criminal damage charge and was ordered by the judge to pay a fine of £500, as well as costs amounting to £650 and a statutory surcharge of £200.
In regard to the MET’s recent decision, this change in policy is to allow officers to “focus on matters that meet the threshold for criminal investigations.” Interestingly, this shift is contrary to Sir William Macpherson’s conclusion in the 1999 Stephen Lawrence Inquiry, where he stated:
“as unpleasant as racist acts are, incidents which are not criminal offences as defined by Parliament should be investigated by the police with equal vigour as those which are criminal offences.”
Thus, the Linehan case illustrates the risk of policing non-crime hate incidents where the line of criminality is unclear and the MET’s change in policy aims to “provide clearer direction for officers, reduce ambiguity and enable them to focus on matters that meet the threshold for criminal investigations.”
It is important to note that although the MET will no longer pursue non-crime hate incidents, they will still record information concerning these incidents, because this provides valuable insight about potential disability crime, racial crime and crimes against transgender individuals.
Criticisms of the Change in Policy
Critics have expressed concerns regarding the MET’s decision to stop investigating non-crime hate incidents, worried that it will lead to underreporting and hinder efforts to combat a potential rise in hate-motivated activities.
For example, disability charity Inclusion London has stated that the lack of investigation removes the safeguard against escalating hostility and violence. The charity also emphasises that the investigating of non-crime hate incidents is critical for preventing escalation of incidents by identifying repeat offenders and hotspots, safeguarding vulnerable victims and building evidence for prosecutions, as proving hostility is already challenging.
Additionally, LGBT+ charity Galop has also stated that the change in policy risks allowing hate and harm to escalate unchecked, and that this could deepen the LGBT+ community’s lack of trust in the police.
The true impact of this new policy will become clearer with time, as police-recorded hate crimes in the UK have trended upwards over the past decade, and the number of hate crimes seem to increase each year.
Upcoming Policy Review
The College of Policing chair Lord Herbert has now recommended that the police scrap non-crime hate incidents in a review due to be published by the College of Policy and National Police Chiefs in January 2026.
Lord Herbert has also expressed that the police officers should not be involved in certain matters such as “policing tweets,” as the right to freedom of speech should be protected.
Police leaders are aiming for officers to focus on recording the most serious incidents of anti-social behaviour to “re-balance the system” for the social media age. The Home Secretary will decide whether or not to adopt the recommendations set out by the College of Policy and National Police Chiefs.
How can I report a hate crime or incident?
Hate crimes or incidents can be reported to the police by visiting a police station or by calling 999 if the crime is in progress or if someone is in immediate danger. If the crime is not an emergency, it can still be reported to the police by calling 101.
True Vision, a police-funded website developed to allow individuals to report hate crimes online is another platform which can be used to report hate crimes or incidents. Please note that although not all hate incidents will amount to criminal offences, they should still be reported to the police.
Additionally, hate crimes or incidents can be reported to victim support organisations such as the West London Equality Centre by calling our designated hate crime helpline at 0800 2943 479. We can offer free legal advice regarding the next steps to be taken and preserving evidence, contact the police on behalf of victims and or witnesses and consider practical solutions to help deal with incidents or the aftermath of incidents.
How we can help you
Our team comprises of qualified legal professionals, caseworkers and volunteers who can help to provide accurate legal advice and casework support for any hate crime matter. The hate crime team can be contacted on the abovementioned helpline number – 0800 2943 479.
