Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many non-crime hate incidents related to the protected characteristic of gender reassignment have been recorded by each police force in England and Wales in the last five years.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many non-crime hate incidents related to a different characteristic that is not covered by hate crime legislation have been recorded by each police force in England and Wales in the last five years.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what guidance his Department provides to police forces to assist front line officers in recording non-crime hate incidents for the protected characteristic of gender reassignment.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what definition of gender reassignment is used when recording a non-crime hate incident by the police.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many non-crime hate incidents have been recorded for each of the protected characteristics of the Equality Act 2010 by each police force in each year of this Parliament.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether he has made an estimate of the number of non-crime hate incidents recorded by police forces for each month since May 2023.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many non-crime hate incidents have been recorded by each police force in each year of this Parliament.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Lee Anderson (Reform UK - Ashfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he plans to issue guidance to the police on requirements to refer to the Crown Prosecution Service when using the new diversionary caution for hate crime offences.
Answered by Gareth Bacon - Parliamentary Under-Secretary (Ministry of Justice)
As set out in the Police, Crime, Sentencing, and Courts Act 2022, the Government legislated for a reformed two-tier cautions framework in England and Wales.
We have consulted on a draft Code of Practice to support future implementation. This covers the use, administration, and scrutiny of Diversionary and Community Cautions. The draft Code of Practice stipulates that a Diversionary or Community Caution may be given for a hate crime case but only once authorisation has been obtained from the Crown Prosecution Service. The draft Code of Practice was put to public consultation from 2 August to 13 October 2023 and invited views on the operational impact of the draft Code, including the approach to excluded offences.
Currently, we are analysing the consultation responses received to inform any necessary revisions to the draft Code of Practice and we will publish a Government response to the consultation in due course.
Asked by: Lee Anderson (Reform UK - Ashfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many and what proportion of people convicted of hate crimes in magistrates' courts were sentenced to undergo a rehabilitative programme in the latest period for which data is available.
Answered by Gareth Bacon - Parliamentary Under-Secretary (Ministry of Justice)
We do not centrally hold data on offences motivated by hostility or prejudice towards an individual based on a personal characteristic. This information may be held on court record, however, the information requested can only be obtained at disproportionate cost.
The latest data on the number of offenders starting a community order or suspended sentence order supervised by the Probation Service with a rehabilitative programme imposed can be found in the Offender Management Statistics quarterly publication here:
https://assets.publishing.service.gov.uk/media/653854823099f9000d7f30a4/Probation_Q2_2023.ods.
Asked by: Lee Anderson (Reform UK - Ashfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what rehabilitative programmes are provided by the Probation Service to help tackle hate crime; and whether his Department has made a recent assessment of the impact of these programmes on levels of recidivism.
Answered by Edward Argar - Minister of State (Ministry of Justice)
There are no rehabilitative programmes or interventions designed specifically to address hate crime. Hate crime offences are typically driven by a range of underlying factors that are shared with other types of offending for which there are a range of programmes and interventions available that may be suitable. What programme(s) or intervention(s) may be most suitable for someone convicted of hate crime offences is determined based on the nature of the offence and an assessment to determine eligibility and the specific rehabilitative needs of the offender.
A number of studies and evaluations have been carried out in recent years on HMPPS rehabilitative programmes and interventions, and can be found by visiting https://www.gov.uk/crime-justice-and-law#research_and_statistics.