Andrew Doyle admits he was over-optimistic by predicting that the British police forces’ use of “non-crime hate incidents” — after court judgments and Home Office instructions to stop using them — would not last for much longer. That was in 2022:
“Metropolitan Police London England” by William Mewes is marked with CC0 1.0 
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I have a tendency to be over-optimistic. In my 2022 book The New Puritans, I wrote about “non-crime hate incidents” and how they were still being recorded by police, in spite of the Court of Appeal’s ruling that they were “plainly an interference with freedom of expression” and direct instructions from the Home Office that the police must stop this illiberal and unethical practice. However, I concluded that ultimately “it seems unlikely that ‘non-crime hate incidents’ will last for much longer”.
Of course I was wrong, because I had not counted on just how authoritarian a new Labour government might be. It was bad enough that the Education Secretary Bridget Phillipson scotched the Higher Education (Freedom of Speech) Act just one day before parliament went into recess — presumably to avoid having to debate the matter — but now the Home Secretary Yvette Cooper has reversed the Conservatives’ pledge to limit the recording of “non-crime”. Labour is bringing back this absurd policy, and has convinced itself that this is somehow a progressive measure.
It should go without saying that the police have no business recording “non-crime”, particularly when such records are based on accusations alone (that is to say, the “perception” of the “victim” is what counts, rather than actual evidence of hatred). The Tory government should have eliminated the entire practice in its entirety, but instead decided that such “incidents” ought to stay on record if there was a “real risk of escalation causing significant harm or a criminal offence”. The science fiction writer Philip K. Dick had a phrase for this: “pre-crime”.
So let’s leave aside the woefully inadequate restrictions put in place by the Tories. Let’s also leave aside the obvious point that hatred, along with all other emotions, will never be eradicated through legislation and that the state is wasting its time trying to alter human nature. Let’s focus instead on why the Labour government is so determined to control the speech and thought of its citizens.
How does it help anyone for the name of the schoolboy who accidentally scuffed a copy of the Koran at a school in Wakefield to be on police records? His “non-crime” was duly recorded after the event, but why? Does the government really suppose that this child is one step away from torching a mosque? Even if he had deliberately scuffed the Koran, what has this to do with the police? I don’t much approve of defacing books, but vandalism of one’s own property is a matter for individual conscience.
Of course, Labour will say that the recent riots have proven the necessity for cracking down on the private thoughts of citizens. In truth, these acts of violence are being exploited to justify further authoritarian policies. We have seen how quick our politicians are to seize upon these moments to advance their own goals. The murder of Sir David Amess had precisely nothing to do with social media, and yet politicians immediately began to argue that his death was evidence of the need to curb free speech online. This was grotesque opportunism from a political class that does not trust the public.
