Interim guidance - Responding to Hate
The Hate Crime and Public Order (Scotland) Act was implemented on 1 April 2024.
Police Scotland has today, Thursday, 9 May 2024, published interim guidance for officers on the recording of Non-Crime Hate Incidents.
This guidance aligns with the training programme for the implementation of the new legislation and provides further detail around our approach to Non-Crime Hate Incidents over and above the existing Hate Crime National Guidance.
The guidance outlines a reasonable person and policing purpose test for the recording of Non-Crime Hate Incidents and provides direction that the details of the other party of a report would not be routinely recorded as part of a Non-Crime Hate Incident.
Recognising that NCHIs are not crimes, recording allows police to identify people who may be vulnerable in society, including repeat victims. It enables police to monitor for escalation and community tensions and to help inform policing approaches and styles and drive community engagement.
It is important to note that not all incidents perceived by the reporter as being motivated by hostility or prejudice will meet the threshold for recording a Non-Crime Hate Incident.
Deputy Chief Constable Alan Speirs said: “Police Scotland is a rights-based organisation, and officers balance the protections people have under human rights legislation against other laws every day, using their discretion and good sense.
“To support implementation of the new hate crime legislation, Police Scotland developed and delivered a programme of training to support our officers, including an e-learning module which has been completed by more than 88% of officers, as well as a series of in-person and online workshops.
“We’ve trained a cadre of around 80 hate crime advisors and 450 hate crime champions to support colleagues while Contact, Command and Control (C3), officers and staff also received tailored training.
“This interim guidance will provide additional clarity, direction, and consistency to our approach.
“We continue to develop a policy and standard operating procedure around our response to reports of hate, including hate crime and non-crime hate incidents.
“While recognising differences including legislation, our aim is to align as closely as possible with the College of Policing guidance.”