Police ‘Hate Incident’ Guidance Interfered With Freedom of Expression, UK Court Rules

The police body in England and Wales’s guidance on recording non-crime “hate incidents” has interfered with the right to freedom of expression, the Court of Appeal ruled on Monday. The challenge to the guidance was brought to court by former police officer Harry Miller, who was visited by police in 2019 after his Twitter posts were reported as being transphobic by a self-described “postoperative transgender woman” identified in court documents as Mrs. B. Humberside Police decided to record Miller’s Twitter activity as a “non-crime hate incident,” defined by the College of Policing’s guidance as “any non-crime incident which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice.” Miller previously won a challenge to Humberside Police’s actions at the High Court, but his challenge to the guidance was dismissed, with the judge finding that it “serves legitimate purposes and is not disproportionate.” The Court of Appeal ruled on Monday …

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