The investigation of, taking action in relation to, or recording of Non-Crime Hate Incidents by the police or any other authorities should be illegal.
All records of Non-Crime Hate Incidents should be immediately and permanently destroyed. Such records must not appear in any background checks.
The sole remit of the police is to investigate and present for prosecution criminal acts. Criminal acts are defined by statute as enacted by a sovereign parliament that ultimately represents the will of the people.
This means that police are not allowed to take to themselves powers (such as recording non-crime hate incidents) that exceed what has been put into law by parliament, which is the only body that can make laws.
Recording non-crime hate incidents is a power because it becomes a part of a record that can affect the future freedoms of a person, e.g., to be considered for employment. This is a power that is without any of the usual safeguards that protect the liberty of that person:
The accuser (referred to as the victim, even though this is a ‘non-crime’) is not disclosed, details of the incident complained about are withheld, so that the accused cannot make any defence. There is no definition of the offence - it is entirely subjective and the accuser can effectively invent an offence on a whim. There is no court, no hearing; there is no process of prosecution, and the police act as summary judge and executioner.
This is nonsensical and wrong on so many levels. It is open to malicious abuse. It damages the innocent. Britain must be purged of non-crime hate incidents as a construct that is antithetical to British freedom.
Yep, this is a simple, easy vote winner and straightforward to implement.
The lack of due process, the lack of presumption of innocence, the lack of right to confront your accuser, the lack of right of appeal, the lack of objective standards, the entire idea is a travesty and contrary to basic principles of English law.
The mechanism to delegitimise NCHIs should be Article 12 of the UN Declaration of Human Rights. “…no one shall be subject to arbitary attacks on their honour or reputation.” The UK is a signatory to this declaration. However in the 1998 UK Humans rights act, the reference to this was removed. The relevant clause now simply protects privacy. This a clear example of those who claim to champion human rights actually removing, or salami slicing, them at every opportunity. One objection to this is that the police remove the arbitary nature of NCHIs. However i believe it could be argued that the police are placed under various perverse incentives that mean they cannot fulfill this role. Even if this were not true so many NCHIs are now issued that unles you believe the police are infallible a large number of people will now ne subject tonthese arbitary attacks. And as the HR lawyers are fond of telling us when it suits them, if one person is denied their human rights, then we all are!
I’m sure others will correct me if I am wrong, but as I understand, the Courts have already told the police that the recording and investigating of NCHIs is illegal and that they aren’t to do it, and this has been the case since at least 2019, but it still happens?
If I am correct, the correct response is not to “ban” something which is already illegal, but to start enforcing the law. Any police officer found to have submitted (or investigated?) a NCHI gets a minimum sentence of 1 year in jail and is banned from holding another position of public trust. Any senior officer found to have done it, ordered it done, or been negligent as to the fact that their officers were doing it gets 5 years, the loss of their pension, and whatever else we feel is appropriate.
This reminds me of a program I watched the other day, when the Commissioner of the Met Police was being questioned about his policies. Hs response was that they followed the guidance of the College of Policing. I then looked at their website, and was immediately depressed by their devotion to DEI rather than policing. I believe this non crime hate incident rubbish was actually launched by the College of Policing. I would be fascinated to hear more from someone who knows more about this
