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.