As reported by the Herald, Police Scotland has confirmed that neither JK Rowling nor Humza Yousaf will have a non-crime hate incident (NCHI) logged against their names, despite multiple complaints against them after Scotland’s new hate crime legislation took effect. The report continues:
On Wednesday, a Police Scotland spokesperson said: “The circumstances have been assessed and will not be recorded as a non-crime hate incident.”
A non-crime hate incident is recorded when a complaint does not meet the threshold for a crime but is perceived to be “motivated (wholly or partly) by malice and ill-will towards a social group”, according to Police Scotland guidance.
Tory MSP, Murdo Fraser, who does have an NCHI recorded against his name, despite committing no crime, claimed the decision “reeks of political bias.”
He said the service had “breached their own policy on recording non-crime hate incidents” and was “making it up as they go along.”
Confirmation from the force that neither the Harry Potter author nor the First Minister would have an NCHI against their details, came after almost 24 hours of pressure from politicians, campaigners and journalists.
However, the decision will almost certainly trigger more questions.
Police Scotland’s guidance states that “for recording purposes, the perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident or in recognising the malice element of a crime”.
It goes on to add that “evidence of malice and ill-will is not required for a hate crime or hate incident to be recorded and thereafter investigated as a hate crime or hate incident by police.”
Mr Fraser was reported to police in November last year when he shared a column written by Susan Dalgety for The Scotsman, which claimed the SNP Government’s non-binary equality action plan would lead to children being “damaged by this cult”.
Commenting on the post, Mr Fraser said: “Choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat. I’m not sure governments should be spending time on action plans for either.”
Despite the officer who followed up on the complaint determining no crime had been committed, the MSP later discovered that it had been recorded as a “hate incident.”
Mr Fraser said that meant Police Scotland had taken a different approach to comments made by the SNP First Minister to those made by an opposition politician.
“It is hard not to conclude that Police Scotland has been captured by the SNP policy agenda and that this is a decision that reeks of political bias.
“I hope the Chief Constable will contact me urgently with an immediate apology for recording a hate incident against me and confirming all records in relation to it have been destroyed.
“They should also ditch their existing unlawful policy – as has been done in England and Wales – which I believe is a clear breach of people’s human rights.”
Worth reading in full.
