"For allegations of hate incidents, police need to apply their judgement in establishing whether there is hostility towards a protected characteristic group.
If, having applied their judgement and taking account of the full context, no hostility is found, the incident should not be recorded as a hate incident.
Particular care is needed when the incident complained of takes place as part of debate. While hostility can sometimes be defended as being fair debate, police responders will need to consider whether, in the context of the incident, the words or behaviour complained of could reasonably be considered as motivated by hostility. In those cases, where common sense indicates an absence of hostility, no record should be made."
Not read the judgment yet - but am I right in thinking that previously there was NO requirement for any objective assessment of any hostility, hate, whatever you want to call it, for a NCHI?
As mused on here before, could you call your neighbour's planning application for an extension a NCHI, because you perceive it to be fuelled by hatred against your sexuality (or race, or perceived sexuality etc)?
The only criterion was that the complainant had to 'perceive' that hatred was happening - and now they are specifically talking about assessing the presence or absence of hostility .
Which, as we know from various tweets discussing outings to golf courses, may be less straightforward than one might think, but at least there is now a requirement to consider it where it wasn't explicitly outlined before?
Or am I completely wrong and there was previously guidance about making sure there is hostility and not just being forced to accept if the complainant said there is?