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<p>To address the Miller v College of Policing judgment and wider concerns relating
to the recording of non-crime hate incidents, the Government has introduced a statutory
code of practice on this recording for police officers in England and Wales, as provided
for in the Police, Crime, Sentencing and Courts Act 2022.</p><p> </p><p>The code,
which entered into effect on 3 June following Parliamentary approval, introduces a
new threshold test that means that personal data may only be included in a non-crime
hate incident record if the event is clearly motivated by intentional hostility and
there is a risk of escalation causing significant harm or a criminal offence. The
code will ensure non-crime hate incidents are only recorded when it is absolutely
necessary and proportionate to do so, and not simply because someone is offended.</p><p>
</p><p>This Government is confident that the code strikes the right balance between
better protecting people’s fundamental right to freedom of expression, whilst enabling
the police to continue to protect vulnerable people and communities.</p><p> </p><p>Reported
hate crimes will continue to be recorded in line with the College of Policing’s operational
guidance on hate crime.</p>
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