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Police probes ‘should not trespass upon free speech’, chiefs told

  • BY Frederick Attenborough
  • November 21, 2024
Police probes ‘should not trespass upon free speech’, chiefs told

The shadow home secretary has called for guidelines around non-crime hate incidents (NCHIs) to be rewritten. Chris Philp used a speech at a major policing conference on Wednesday to tell police chiefs they are not the “thought police”, and that officers should only be investigating NCHIs where there is a “real risk of imminent criminality”.

The Express and Star has the story:

Speaking in Westminster on Wednesday, Mr Philp called on police forces to use “common sense”, arguing that changes would help “rebuild confidence” in policing and free up time to spend on fighting crime.

Debate over how the incidents are dealt with erupted after officers from Essex Police visited Telegraph columnist Allison Pearson to arrange an interview about a year-old tweet.

The force later said the interview was about a potential allegation of incitement to racial hatred online.

Mr Philp said commitments made by police last year to “always follow all reasonable lines of inquiry must be delivered in practice”, adding: “If we can get those detection rates rising, confidence and trust in policing will invariably rise with them. That is what the public expects.”

Anything that “distracts from that mission” should be “jettisoned”, he said as he turned to discussing non-crime hate incidents.

The shadow home secretary added: “Police should be concentrating on investigating and preventing crime and where speech or actions don’t meet the criminal threshold, in my view, it should only attract the attention and time of the police where criminality is likely to imminently follow.

“That is quite a high bar, and in practice, not one that is currently always being followed. Offensive speech is not the same as illegal speech.”

Mr Philp told delegates: “The police are not here to police thought. You’re not the thought police,” and added: “Investigations should not trespass upon free speech.”

Probes should “not be directed at nine-year-old children involved in playground spats” or at “journalists discussing trans issues”, he said.

Mr Philp, who was policing minister when the code of practice for non-crime hate incidents was introduced last year, added: “I think the non-crime hate incident guidance should be rewritten and updated urgently to ensure that only where there is a real risk of imminent criminality, the police should get involved.

“So I call on the Government today to urgently ensure the guidance is updated, using legislation if needed, and I call on police forces to apply common sense and not waste time and resources looking at things unless there is criminality, or unless there is an imminent risk of criminality.

“I think that will help rebuild confidence in policing, and it will free up time to spend on crime.”

Worth reading in full.

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