The UK government announced on Tuesday (31 March) that it is scrapping the system of “non-crime hate incidents” (NCHIs), a controversial police recording practice that has long drawn criticism for chilling free speech and wasting officers’ time on online arguments and minor disputes rather than actual crime.
Under the reforms, police will no longer record lawful social media posts, such as tweets or Facebook comments, as hate incidents simply because someone finds them offensive. The move aims to refocus policing on serious threats while protecting everyday expression.
“Under these reforms, forces will no longer be policing perfectly legal tweets. Instead, they will be doing what they do best: patrolling our streets, catching criminals and keeping communities safe,” said Home Secretary Shabana Mahmood.
NCHIs emerged from police guidance dating back more than a decade, allowing forces to log reports of perceived hostility or prejudice even when no crime had been committed.
The threshold was broad. If the reporter felt the incident was motivated by hostility toward a protected characteristic (race, religion, sexuality, etc.), it could be recorded – often with the person’s details entered into police systems.
Critics argued the system created a “chilling effect” on public debate. High-profile cases, including the Metropolitan Police’s handling of complaints over tweets by figures like comedian Graham Linehan, highlighted how officers sometimes visited people’s homes or recorded details over online spats.
The approach was inconsistent across forces, exacerbated by the explosion of social media, and frequently pulled police into refereeing personal disagreements rather than preventing harm.
A landmark court case in 2021 (R (Miller) v College of Policing) ruled that aspects of the guidance unlawfully interfered with freedom of expression under Article 10 of the European Convention on Human Rights.
Review and reforms
The government commissioned the College of Policing and National Police Chiefs’ Council to conduct an urgent review of NCHI guidance. The final recommendations, published today, call for common-sense changes:
- Replace the outdated 2011 national standard with a narrower definition focused on core police duties: preventing and detecting crime, protecting life and property, and maintaining public order.
- Stop recording lawful free speech, including everyday online arguments and “perfectly legal tweets.”
- Introduce a new system for handling reports that may signal genuine community tensions or risks of harm, without using criminal language like “suspect” or “victim,” and without issuing crime reference numbers for non-criminal matters.
- Ensure consistency across forces while preserving the ability to monitor serious issues.
The government said it is accepting all the review’s recommendations. Implementation begins immediately, and the statutory code of practice on NCHIs has been removed, supported by amendments to the Crime and Policing Bill. Full rollout of the new national standard is expected in early 2027.
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