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Feminism: Sex and gender discussions

NCHI recorded against JKR (Northumbria Police)

61 replies

NitroNine · 22/08/2024 09:54

If Rowling’s lawyers are doing any additional work at this time, I assume it’s to establish how on earth a police officer decided that her Foolish Law Day TwiX Thread met the threshold for recording as a NCHI:
Under the Code of Practice on the Recording and Retention of Personal Data (‘the Code’), the personal data about the subject should only be recorded where the incident:
“presents a real risk of significant harm to individuals with a particular characteristic(s) and/or a real risk that a future criminal offence may be committed against individuals or groups with a particular characteristic(s)”.

How came I to know of this? IW mouthing off on TwiX. Including repeatedly tagging the lawyer named in Imane Khelif’s case. Because what court could fail to be impressed by this pseudo-Stasi name-taking; & what lawyer wouldn’t interrogate the surrounding circumstances of i. IW’s harassment campaign & ii. what the thread ACTUALLY SAID?

I don’t think IW took legal advice before posting those tweets. Rather, IW is buoyed by their little sliver of letter:
[NAME REDACTED] states that in determining that this matter was not a crime, the second test was whether it was a Non-Crime Hate Incident. This test is clearly set out the that a Non-Crime Hate Incident (NCHI) means an incident or alleged incident which involves or is alleged to involve an act by a person which is perceived by a person other than the subject to be motivated - wholly or partly - by hostility or prejudice towards persons with a particular characteristic.
[NAME REDACTED] confirms he was satisfied that this threshold was met and as such a NCHI was recorded and as such safeguarding measures were addressed with you and a harm reduction plan was recorded with the offers of safeguarding.
I note in your original submission you requested that this matter be passed to the CPS for consideration and also that further advice is sought. As detailed above, I am satisfied with the

It’s a deeply unfunny joke that Northumbria Police mention “harm reduction” & “safeguarding” in this particular context. I do hope what was offered was based on “stop harassing the woman & she might stop replying” but that seems too sensible.

NCHI recorded against JKR (Northumbria Police)
NCHI recorded against JKR (Northumbria Police)
NCHI recorded against JKR (Northumbria Police)
NCHI recorded against JKR (Northumbria Police)
OP posts:
Garlicfest · 22/08/2024 13:40

Definition of a Non-Crime Hate Incident
11. A non-crime hate incident (NCHI) means an incident or alleged incident which involves or is alleged to involve an act by a person (‘the subject’) which is perceived by a person other than the subject to be motivated - wholly or partly - by hostility or prejudice towards persons with a particular characteristic.

Amazing. An allegation, based on a perception, is sufficient for the incident to be recorded on the police database.

Caveat: I can see how this came into being. You could report some angry person's racist or fundamentalist diatribes, and this could be recorded as an early warning of potential terrorist action. It gives police a chance to nip things in the bud, and forms part of a pattern of evidence if activity escalates. This is exactly what we want the police to do wrt violent misogynists.

20. The perception of hostility or prejudice by a complainant or any other person alone is not enough, in and of itself, to warrant an NCHI record being made.

Additional Threshold Test for the Recording of Personal Data
21. There are two subsets of NCHI record: those that include personal data of the subject, and those that do not (see paragraph 25). Personal data may only be included in an NCHI record if the event presents a real risk of significant harm to individuals or groups with a particular characteristic(s) and/or a real risk that a future criminal offence may be committed against individuals or groups with a particular characteristic(s).

23. If an incident does not pass this threshold test, but all the other criteria required to record an NCHI are met, an NCHI without personal data may be recorded instead. In these instances, the recording authority should ensure that any personal data that may previously have been recorded on policing systems in relation to the initial incident report is removed.

The Two Subsets of NCHI Records
25. There are two possible subsets of NCHI records:
1. NCHI records that only include non-personal data.
This record may include:

  • locational data of the incident[footnote 14]; and/or
  • a general description or overview of the circumstances surrounding the incident which contains no data that could identify any individual(s).
In many cases, this information may be all that is required in order to identify patterns of behaviour, identify incident hot spots, or monitor community tensions.

The most over-zealous rainbow constable could hardly imagine that JKR's plotting a terrorist attack on Willoughby, so presumably his report's been added to a long list of NCHI records mentioning a Scots author on TwitX 🙄

They're all just wasting police time! There's no threat to JKR, but similar reports could cause problems for lesser mortals with nervous employers, or in need of a DBS certificate for example. Basically, the police should be a lot more circumspect about their definitions of 'transphobia'.

Additionally, it's time for sex to be added to the list of protected characteristics - but cue thousands of similarly spurious reports of 'misandry'. The NCHI process isn't useless, but much better training is clearly needed.

Non-Crime Hate Incidents: Code of Practice on the Recording and Retention of Personal Data (accessible)

https://www.gov.uk/government/publications/non-crime-hate-incidents-code-of-practice/non-crime-hate-incidents-code-of-practice-on-the-recording-and-retention-of-personal-data-accessible#fn:14

ArabellaScott · 22/08/2024 13:26

RoyalCorgi · 22/08/2024 13:25

Well women are going to get fucking motivated, if they, themselves, are being reported for stating the truth.

The one catch in this is that sex is not a protected characteristic under hate crime legislation. So calling someone, say, an "ugly fat bitch" wouldn't be an NCHI. Neither is age a protected characteristic so you couldn't even get them on "ugly old bitch". We'd have to confine our complaints to insults relating to sexuality (and I'm sure IW has said some pretty nasty things about lesbians) or possibly disability.

What a waste of everyone's time, though. The very concept of an NCHI is nuts in the first place.

Age is protected in Scotland under the HCA.

RoyalCorgi · 22/08/2024 13:25

Well women are going to get fucking motivated, if they, themselves, are being reported for stating the truth.

The one catch in this is that sex is not a protected characteristic under hate crime legislation. So calling someone, say, an "ugly fat bitch" wouldn't be an NCHI. Neither is age a protected characteristic so you couldn't even get them on "ugly old bitch". We'd have to confine our complaints to insults relating to sexuality (and I'm sure IW has said some pretty nasty things about lesbians) or possibly disability.

What a waste of everyone's time, though. The very concept of an NCHI is nuts in the first place.

SinnerBoy · 22/08/2024 12:57

Dumbledoreslemonsherbets · Today 12:02

You're forgetting that woman hatred apparently is one of the requirements for a job in the police. Couzens, Carrick, misogyny in the police force is a feature not a bug.

Ah yes, how foolish of me.

Datun · 22/08/2024 12:53

There are so very many tweets that could be lodged as an NCHI.

The police appear to be relying on the fact that only the truly motivated will report them.

Well women are going to get fucking motivated, if they, themselves, are being reported for stating the truth.

And I can't imagine a more stupid, time wasting, money sucking enterprise than everyone reporting everyone else and the police having to fucking deal with it.

It should bring the entire concept to a shuddering halt overnight.

But I bet there are many people who would rather be dealing with transgressions of this ridiculous law, than actually tackling proper crime.

it feels like an invention designed purely to stop them doing any real work.

And to be able to stick it to women, of course.

I hope JKR does put any game plan into operation. This entire farce obviously needs addressing. But fuck me, having to deal with the inane witterings of twats on Twitter must be a low point for her.

StickItInTheFamilyAlbum · 22/08/2024 12:41

I'm beginning to wonder if women with any sort of profile are being edged into the position where they need to run a check (is this possible?) to see if they have a NCHI lodged against them if the position involves an eDBS or similar.

GargoylesofBeelzebub · 22/08/2024 12:37

TRAs are claiming Emma Hilton had an NCHI against her.

x.com/smilerturner/status/1826503897583665543?s=46&t=AjtjSItRj-kgZwRzL-pdyQ

I wonder if she's aware of that?

SerafinasGoose · 22/08/2024 12:17

Sarah Phillimore had the NCHI against her removed:

https://thecritic.co.uk/post-hate-policing/

Thank you for this, @RoyalCorgi. Brings a genuine smile to my face - but what a travesty and utter bloody liberty that such a 'victory' should have been made necessary in the first place.

WickedSerious · 22/08/2024 12:16

It's been kept off the front pages by 'Python bit my goolies while I was on the bog'.

StickItInTheFamilyAlbum · 22/08/2024 12:10

Helleofabore · 22/08/2024 12:01

Can we also point out that Willoughby has a long history of abuse directed towards JK Rowling?

And Willoughby is now assisted by the police in further controlling JK Rowling's language around discussing male abuse towards women.

I wonder if the police thought this through? How they are now fully supportive of an abuser continuing to abuse the abuser's victim? While that abuser claims special privileges including victimhood.

DARVO in action. Supported by the Northumbria Police.

Far too much of the policing, criminal justice and even family court systems seem to be designed this way.

As Dumbledore indicates, these are designed-in features, not bugs.

RoyalCorgi · 22/08/2024 12:05

SerafinasGoose · 22/08/2024 11:39

It's outrageous that this dangerous assault on our legal justice system should ever have come into practice in the first place.

You cannot 'convict' someone who has never been found guilty of a crime via due legal process. With this hideous blacklist of 'wrong think', anyone can report anyone for some frivolous reason (calling a man a man). Names can be added without ever informing an individual that theirs has appeared on this undemocratic, draconian, non-legal, dictatorship-style shit list. It might only come to light when, for example, that individual applies for an overseas visa.

Sarah Phillimore only discovered she had been added because the person who reported her boasted about it on TwiX. I think she then applied under FoI and intended to use the courts, via Fair Cop, to challenge it. So far I'm unaware of any outcome to this.

JKR is a shrewd, intelligent woman who does seem to have a method behind what she does. She's certainly interacted with a highly reactive person whose responses to GC women are well documented in various formats. She's also been willing to put her head over the parapet before, namely to expose the ridiculousness of the new Scottish law earlier this spring.

If that's her intention, she's a trooper.

I'd also be interested to know if Sarah Phillimore's legal challenge was ever successful. Potential terrorism watch lists (confidential) are one thing, but you can't be having blacklists of people who happen to hold personal and political views that go against whatever happens to be today's zeitgeist. It sets a very dangerous precedent.

Sarah Phillimore had the NCHI against her removed:

https://thecritic.co.uk/post-hate-policing/

Post-hate policing | Sarah Phillimore | The Critic Magazine

For two years and one month, I was unlawfully recorded and retained on a police database by Wiltshire police as “a barrister posting hate”. If you want to see the true depths of my hate you can view…

https://thecritic.co.uk/post-hate-policing

Dumbledoreslemonsherbets · 22/08/2024 12:02

SinnerBoy · 22/08/2024 11:59

Datun · Today 11:12

Perhaps JKR will point out all the other tweets which do not, apparently meet the threshold. And ask why. Including all those from Willoughby. And find out why she has been singled out.

And I guess now's the time she reports Willoughby for malicious communications.

I think that would be a very good thing, because from what I've seen, many of Willyby's output would certainly reach the threshold of criminality. If them were to be convicted, perhaps similar types could be, too. It would certainly make some of the less bonkers ones think twice.

IT beggars belief that the Police could look at her site and see, for example, what the knife and axe person has posed and conclude that JKR is the one in the wrong. Madness.

You're forgetting that woman hatred apparently is one of the requirements for a job in the police. See also: https://www.mumsnet.com/talk/womens_rights/5147613-ex-police-officer-jailed-for-serial-vaw

Couzens, Carrick, misogyny in the police force is a feature not a bug.

Helleofabore · 22/08/2024 12:01

Can we also point out that Willoughby has a long history of abuse directed towards JK Rowling?

And Willoughby is now assisted by the police in further controlling JK Rowling's language around discussing male abuse towards women.

I wonder if the police thought this through? How they are now fully supportive of an abuser continuing to abuse the abuser's victim? While that abuser claims special privileges including victimhood.

DARVO in action. Supported by the Northumbria Police.

SinnerBoy · 22/08/2024 11:59

Datun · Today 11:12

Perhaps JKR will point out all the other tweets which do not, apparently meet the threshold. And ask why. Including all those from Willoughby. And find out why she has been singled out.

And I guess now's the time she reports Willoughby for malicious communications.

I think that would be a very good thing, because from what I've seen, many of Willyby's output would certainly reach the threshold of criminality. If them were to be convicted, perhaps similar types could be, too. It would certainly make some of the less bonkers ones think twice.

IT beggars belief that the Police could look at her site and see, for example, what the knife and axe person has posed and conclude that JKR is the one in the wrong. Madness.

Dumbledoreslemonsherbets · 22/08/2024 11:59

JKRs willingness to attract people (men) with a very very tenuous grasp of reality, and the risks of that, in order to protect other women is frankly one of the bravest things I've ever seen.

She's a Queen and a legend (and presumably also Gryffindor).

Helleofabore · 22/08/2024 11:51

ArabellaScott · 22/08/2024 11:29

Yes, this isn't about JKR, it's about how a man can target and harass a woman, have a NCHI recorded against her and potentially this may affect her job prospects etc.

I don't know, but I don't think JKR is motivated by her own personal interests. She's an intelligent woman who understands that her privilege both makes her a target for unhinged and possibly dangerous people but also gives her the means to protect and defend herself but thereby concomitantly afford the same protection to many others.

Yes, I think she made it clear with her tweets with the Hate Crime laws that she is attracting the complaints because she has the capacity for it not to cause her anywhere near the harm it would cause other women.

She was all about establishing the precedence then, and this is part of the fall out.

It is a bright beacon that Willoughby continues to shine on the special privileges that this group have. The additional privileges separate from the same rights we all have, I mean. Let's face it, what woman or girl would be able to get an NCHI registered like this?

Helleofabore · 22/08/2024 11:45

And the power of those campaign groups such as Stonewall who gained such power over organisations is waning in the light of each of these over reach events.

The more light that Willoughby shines the better!

Datun · 22/08/2024 11:45

I don't think JKR is motivated by her own personal interests. She's an intelligent woman who understands that her privilege both makes her a target for unhinged and possibly dangerous people but also gives her the means to protect and defend herself but thereby concomitantly afford the same protection to many others.

yes, I agree.

There are two strands, in my view.

Tackling Willoughby's time sucking vendetta, by counter accusation, but then it ends up in a never-ending slanging match.

Or ignoring willoughby personally (and all the malicious communications) and dealing with the NCHI as a concept, using hers as an example.

Ignoring Willoughby, cutting them out entirely, but not allowing this to stand, is probably the sweet spot.

Helleofabore · 22/08/2024 11:45

The language aspect of this ideology is falling apart at the moment.

The previous peak of Isla Bryson then moved to a lower peak but just as important as the Scottish hate law changes, then Khelif and Lin have caused a significant breach, and I think that this NCHI may have to the potential to blow open the language aspect even more.

Language has already moved on, and as we see Operation: Let them speak keep rolling through we get little gems like being reminded that 'cis' is now completely meaningless after the doubling down that Khelif and Lin are 'cis women' and activists are now also upfront that being trans no longer is an issue of gender dysphoria. So, therefore if we can keep reminding people that this is no longer the emotional appeal to protect those with gender dysphoria, the only basis that remains common is philosophical belief. Which no one should feel the need to comply with.

I am all for Operation: Let them speak. Refusing to use the language is really causing people to start thinking about this. Once the initial 'be kind' mantra has lost power, there is nothing there.

Ereshkigalangcleg · 22/08/2024 11:43

Im sure JKR was aware of this potential outcome when she made the 1 April thread, and hopefully she will be able to bring more attention to this practice, leading to reforms.

SerafinasGoose · 22/08/2024 11:39

ArabellaScott · 22/08/2024 11:11

If that's the case, then I'd like to thank him for his work in exposing the absolute farcical and illiberal nonsense that is NCHIs. These should be scrapped, and should never have been invented in the first place.

It's outrageous that this dangerous assault on our legal justice system should ever have come into practice in the first place.

You cannot 'convict' someone who has never been found guilty of a crime via due legal process. With this hideous blacklist of 'wrong think', anyone can report anyone for some frivolous reason (calling a man a man). Names can be added without ever informing an individual that theirs has appeared on this undemocratic, draconian, non-legal, dictatorship-style shit list. It might only come to light when, for example, that individual applies for an overseas visa.

Sarah Phillimore only discovered she had been added because the person who reported her boasted about it on TwiX. I think she then applied under FoI and intended to use the courts, via Fair Cop, to challenge it. So far I'm unaware of any outcome to this.

JKR is a shrewd, intelligent woman who does seem to have a method behind what she does. She's certainly interacted with a highly reactive person whose responses to GC women are well documented in various formats. She's also been willing to put her head over the parapet before, namely to expose the ridiculousness of the new Scottish law earlier this spring.

If that's her intention, she's a trooper.

I'd also be interested to know if Sarah Phillimore's legal challenge was ever successful. Potential terrorism watch lists (confidential) are one thing, but you can't be having blacklists of people who happen to hold personal and political views that go against whatever happens to be today's zeitgeist. It sets a very dangerous precedent.

StickItInTheFamilyAlbum · 22/08/2024 11:35

this isn't about JKR, it's about how a man can target and harass a woman, have a NCHI recorded against her and potentially this may affect her job prospects etc.

Agreed. Whatever happens, this abuse of process is a smart career and profile-raising move by IW.

IW lacks sufficient relevance to be a paid commenter or media interviewee in IW's own right. This may well be a temporary fix to that and would certainly give IW something to dine out on for some time.

ArabellaScott · 22/08/2024 11:29

Helleofabore · 22/08/2024 11:20

Sadly, ignoring it may encourage many others to use similar tactics against women who do need to have a clear record. It needs to be challenged so that this decision doesn't create an even greater mass of these incidents being recorded.

Yes, this isn't about JKR, it's about how a man can target and harass a woman, have a NCHI recorded against her and potentially this may affect her job prospects etc.

I don't know, but I don't think JKR is motivated by her own personal interests. She's an intelligent woman who understands that her privilege both makes her a target for unhinged and possibly dangerous people but also gives her the means to protect and defend herself but thereby concomitantly afford the same protection to many others.

kittylion2 · 22/08/2024 11:25

Haha - on clicking those TwiX links I have just realised that I've been blocked by Willoughby and I didn't even realise. Yessss!

Helleofabore · 22/08/2024 11:20

Datun · 22/08/2024 11:12

Perhaps JKR will point out all the other tweets which do not, apparently meet the threshold. And ask why. Including all those from Willoughby. And find out why she has been singled out.

And I guess now's the time she reports Willoughby for malicious communications.

it is pretty obvious she doesn't give willoughby a single thought from one moon to the next, but that would send them into the stratosphere. They will bury themselves in a whole stream of furious malicious communicating.

Or she can just ignore it, and not feed desperate attention seekers

Sadly, ignoring it may encourage many others to use similar tactics against women who do need to have a clear record. It needs to be challenged so that this decision doesn't create an even greater mass of these incidents being recorded.