@Gronky I don't disagree with that. (Those stats are from Nottinghamshire, are they, or is the original study now expanded - do you have a link? Sorry to be lazy, but I'm really interested, just very tired this evening.) Everyone should be able to live free from fear and harassment, and nobody should be exposed to genuine disadvantage or abuse for being who they are. It's just that nobody should be accused of something with no real evidence necessary, and that form part of their official record, either. Surely that's not acceptable in a free society.
It should not be up to the police to quasi-criminalise non-criminal action, with potential real life repurcussions, when the people affected have no right of reply, no way to test whether it's justified, and the evidence bar is so low it's practically on the ground. The judge, again, pointed out that it made no sense at all to define something as motivated by hate when there was no requirement to evidence that hate. None. Not in the words or deeds complained about, not in the individual complained about; it just requires another person to decide that they regard it as hateful. Wholly subjective, and as such, wholly unprovable, too. How does that align with the suggestion that it's a means of gathering evidence that may form part of a later case? There's no test of the quality of that evidence - it's just accepted as hateful if any person deems it to be so. Surely an objective examination of the incident is the bare minimum to expect, if the allegation is to be put against someone's name in a way that could potentially adversely impact them? Where is the concern for the rights of the person complained about?
It's perfectly normal for effective policing to be hampered by safeguards that ensure the rights of the suspect. Halliwell is a really extreme example, and an awful one, but the fact remains that when the interests of forming a case conflict with the rights of an individual to fair procedure and fair evidence gathering, the individual's rights prevail, unless there's overwhelming reason to the contrary. I don't think tweets joking that someone now identifies as a fish qualify under that heading. It's unconscionable to me that someone can make an allegation, backed by no real evidence of the foundation of that allegation, and it's just accepted, and placed on file, on a wholly subjective basis. And there's no appeal possible.
I suppose the judgement will shed some light. Be an interesting read, whichever way it's decided.