Question to the Home Office:

To ask Her Majesty's Government what plans they have to delete records for those accused of non-crime hate incidents.

The Government recognises the concern surrounding the recording of non-crime hate incidents (NCHIs). We also note the Court of Appeal judgment in the Harry Miller v College of Policing case that was handed down on 20 December 2021. The Court found that the recording of NCHIs is lawful provided that there are robust safeguards in place so that the interference with freedom of expression is proportionate.

Accordingly, the Government included provisions in the Police, Crime, Sentencing and Courts Bill - which received Royal Assent on 28 April 2022 - to ensure that the recording of NCHIs is governed by a Code of Practice that is subject to Parliamentary approval.

The content of the Code will be drafted in due course, and will make the processes surrounding the recording of NCHI data more transparent and subject to stronger safeguards, including on retention. In the short term, we have no plans to ask police forces to review or delete existing personal NCHI data that they may have on record. To do so would be a disproportionately costly, time consuming and resource-intensive process that is not warranted at this stage.

The College of Policing is also reflecting on the Court of Appeal’s judgment carefully and make any changes that are necessary to its existing guidance which will remain in force in the interim period before the new Code enters into effect.