GovWire

The code of practice came into force at 00:01 on 3 June 2023.

The draft code of practice was laid before Parliament in March 2023.

The code provides guidance to the police in England and Wales relating to non-crime hate incident (NCHI) recording. It sets out the common-sense and proportionate approach that should be adopted by the police.

The code:

• includes guidance relating to whether and how the personal data of an individual who is the subject of an NCHI report should be processed as part of an NCHI record

• provides detailed information on the right to freedom of expression, and clear case studies to illustrate how this right should be taken into account in the context of NCHI recording

• clarifies that debate, humour, satire and personally-held views which are lawfully expressed are not, by themselves, grounds for the recording of an NCHI

• sets out that an NCHI should not be recorded if the report is deemed by the police to be trivial, irrational, malicious, or if there is no basis to conclude that it was motivated by intentional hostility

The code also introduces the additional threshold test, which clarifies that personal data should only be included in an NCHI record if the event presents a real risk:

• of significant harm to individuals or groups with a particular characteristic or characteristics

• that a future criminal offence may be committed against individuals or groups with a particular characteristic or characteristics

For the purposes of the code, a particular characteristic means race, religion, sexual orientation, disability or transgender identity, as defined in hate crime legislation. This test will enable the police to intervene where necessary to safeguard vulnerable individuals and communities.

The College of Policing publish non-statutory Authorised Professional Practice (APP) guidance on NCHI recording. On 3 June 2023, the College of Policing published an updated version of this guidance that aligns with the content of this code.