Hate is not a crime
by Josephine Bartosch, The Critic:
When campaigner Harry Miller was questioned about comments he’d made online, the dutiful copper on the other end of the phone clearly thought he was just doing his job. Apparently unaware of the raging debate around the reform of the Gender Recognition Act, the officer explained that he knew he was right because he’d been on a training course. This small exchange, which was referenced in the recent case won by Miller at the Court of Appeal, underscores a wider problem: the ill-conceived concept of hate crime is tempting police officers away from law enforcement towards making moral judgements.
Hate crime does not exist in itself as an indictable offence; it is comprised of “non-crime hate incidents” (NCHI) and considered as an aggravating factor during sentencing. Developed as a response to the institutional racism exposed in the Macpherson report, hate crime is an attempt to give a voice to those too easily side-lined by a majority white, straight and male police force. The College of Policing (CoP) identify five specific “strands” which designate people at risk from hate: disability, race, religion, sexual orientation or transgender identity.
A new form of prejudice is baked into this touchy-feely approach: provided complainants tick the requisite boxes to show social disadvantage, they are not credited with the wit to be vexatious. Consequently, the police have found themselves unwitting foot soldiers in a culture war which has seeped from social media into real life. The good intentions of officers have been weaponised by unscrupulous whingers who claim offence to muzzle their ideological opponents. Miller was far from the only person targeted by police for exercising his freedom of speech — numerous others have been questioned, arrested and in some cases dragged through the courts for doing nothing more than sharing their opinions online.
Miller’s well-publicised victory against the CoP will force a rethink. It is estimated 124,091 NCHI have been logged since 2014. Many of those with NCHIs recorded against their names have no idea about it.
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