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Police Scotland apologise to Tory MSP over NCHI double standards
12 December 2025
Police Scotland have apologised to the Conservative MSP Murdo Fraser after logging a Non-Crime Hate Incident (NCHI) against him for a social media post in which he criticised the SNP government’s gender policy at Holyrood.
In 2023, Murdo posted on X that “choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat”. This post was later reported to the police by a member of the public, which subsequently led to the recording of an NCHI. Police Scotland justified their action in November 2023, stating that the post “had a real capacity to negatively impact minority communities, in addition to having the potential to influence the actions of others”.
Mr Fraser complained that he had been treated differently from other public figures, including J. K. Rowling, who received no action after posting criticism of high-profile trans men, and former SNP First Minister Humza Yousaf for his speech in which he said that “99 per cent of the time” he was “the only non-white person” in the room during government meetings.
In a letter seen by The Telegraph, Police Scotland wrote to the MSP for Mid Scotland and Fife apologising unreservedly, admitting that the guidelines for issuing NCHIs were “not applied consistently”. The force upheld his complaint and recognised that his case had indeed been treated differently “versus reported incidents involving other prominent figures”.
This is a great victory for Murdo and for free speech in Scotland. The Free Speech Union was proud to have supported him in his legal battle over the last two years.
Speaking following the admission from Police Scotland, Mr Fraser said:
“It was always clear to me that Police Scotland were not applying their policy on NCHIs in an even-handed fashion, and I had a particular concern that an opposition politician was being treated differently from the SNP First Minister.
“I am pleased that this has now been accepted by Police Scotland and that an unreserved apology has been issued.”
However, he said he remained “concerned about the legality of Police Scotland’s policy towards recording non-crime hate incidents”, which he argued were “based purely on the perception of the complainer”.
Murdo’s case has further highlighted the fundamental problems with NCHIs. They are a waste of police time and taxpayer money, and are susceptible to being weaponised by activists seeking to silence those they disagree with.
The Free Speech Union’s Scotland director, Fraser Hudghton, said: “This is an important win for Murdo. For Police Scotland to acknowledge it isn’t always a level playing field in the recording of NCHIs or other ‘hate’ allegations is worrying. Issues will arise around public trust as a result.
“One thing which urgently needs addressing is bad actors misusing our ‘perception-based’ reporting system. It means activists can utilise our criminal justice framework to get at opponents.”
The Free Speech Union has been campaigning to scrap NCHIs for the last five years. This year, it feels as if the winds have turned favourably, with the Met Police announcing—after deciding to take no further action against Graham Linehan following his arrest over three gender-critical tweets—that they will no longer investigate NCHIs.
There is, however, more work to be done. Lord Young of Acton told the Free Speech Union team that this is “El Alamein and not D-Day”. While it is encouraging that the Met will no longer investigate NCHIs, all police forces need to follow suit. The Free Speech Union is also calling on all forces to stop recording NCHIs. The most pernicious aspect of an NCHI is that it can appear in an enhanced DBS check and subsequently prevent someone from getting a job. That’s right: you can be barred from employment for committing a non-crime.
It was also encouraging to see that the National Police Chiefs’ Council and the College of Policing have recognised what the Free Speech Union has long maintained: that the current use of NCHIs is not fit for purpose and requires broad reform to ensure that policing focuses on genuine harm.
The simple solution to all of this is, of course, the complete abolition of NCHIs.
You can read more in The Telegraph.
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