No objective evidence of hate yet it’s still a crime?
Not quite. A recordable incident for hate strand monitoring purposes.
The test is, in plain English - "in the eye of the beholder". For all other crime or recordable incident, the test is "in the eye of a reasonable person".
Harry's case partly hinges on the fact that the police use this loosened standard to record on indivduals, not simply anonymised totals for statistics purposes.