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<p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p>
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