Ooh, they've updated their SOP! Police Scotland now have this:
'Definition of Hate Incident
A hate incident is any report to police where it is perceived that the incident may involve malice and ill will (hostility or prejudice).
It is important to note that not all hate incidents perceived by the reporter as being motivated by malice and ill will (hostility or prejudice), will meet the threshold for recording. All hate incidents will be assessed by police and a decision made on how to progress – hate crime, non-crime hate incident; no crime or assessed as other crime.
Definition of Hate Crime
Any crime motivated wholly or partly by malice and ill will (hostility or prejudice) based on one or more actual or perceived characteristics.
Both of the following two principles must apply for a hate crime to be recorded –
- The actions of any alleged perpetrators must amount to a crime defined by law in Scotland Scottish Crime Recording Standard (SCRS) rules.
- There must be evidence that the crime was motivated by malice and ill will (hostility or prejudice) towards a characteristic protected by legislation. Assessment of the offender’s behaviour before, during or after the incident will provide evidence of the malice and ill will (hostility or prejudice).
A person does not have to be a member of the characteristic group to be a victim of a hate crime.
Definition of a Non-Crime Hate Incident (NCHI)
Any incident where a crime has not been committed, but where it is perceived by the reporter, or any other person, that the incident was motivated wholly or partly by malice and ill will (hostility or prejudice) based on one or more of their actual or perceived characteristics.
It is important to note that not all hate incidents perceived by the reporter, or any other person, as being motivated by malice and ill will (hostility or prejudice) will meet the threshold for recording a NCHI.
When an incident is perceived by the reporter to be motivated by malice and ill will (hostility or prejudice), then both of the following two principles must apply for the incident to be recorded as a NCHI:
- A reasonable person considers the report to be motivated by malice and ill will (hostility or prejudice) towards one or more characteristics protected within legislation.
- Recording has a specific policing purpose, for example:
- protecting life and property
- preserving order
- prevention and detection of crime
- apprehension and prosecution of offenders
- any duty or responsibility arising from common or statutory law.
A person does not have to be a member of the characteristic group to report a NCHI'
05/08/2024