If I understand correctly, a hate crime is like a garnish on a regular crime. So if a tw had his handbag stolen and the mugger's accomplice shouted 'grab his bag!'. The 'his' could have made it a hate crime because misgendering.
Misgendering by itself wouldn't have been a crime. I think.
I'm glad common sense prevailed. Possibly they looked at the optics and the Scottish Hate Crime fiasco, then looked at the folx likely to be making the complaints.