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The way police record “non-crime hate incidents” against transgender people has “a chilling effect” on freedom of expression, the High Court has heard.
Former police officer Harry Miller was contacted by Humberside Police in January following a complaint about alleged transphobic tweets.
The court heard he was told he had not committed a crime, but his post was being recorded as a “hate incident”.
He is taking action against the College of Policing and Humberside Police.
Mr Miller, from Lincolnshire, claims the guidelines breached his human rights to freedom of expression.
Read article: Transphobia guidelines ‘contrary to freedom of
Ex-officer Harry Miller taking legal action after being accused of hate incident
Harry Miller outside the high court in London. Photograph: Dominic Lipinski/PA
Official police guidance on recording hate incidents against transgender people imposes a “substantial chilling effect” on freedom
Harry Miller, who served with Humberside police, was contacted by the force this year after a complaint from a member of the public about allegedly transphobic comments he made on his Twitter account @HarryTheOwl.
Another officer told Miller that he had not committed a crime but his tweeting was being recorded as a hate incident under the College of
Social media posts referred to police but deemed as non-criminal could still show up on DBS background checks.
Forces across the country record ‘non-crime hate incidents’ on internal systems when the content is considered offensive by a victim “irrespective of whether there is any evidence to identify the hate element”.
The incident could then show up on an enhanced DBS check carried out by an employer on a prospective employee, regardless of the fact that the individual has not committed a crime.
Read article: Social media posts referred to police could show up on DBS background checks despite not
Watch the video:
A businessman quizzed by police over an alleged transphobic ‘hate incident’ has revealed the ‘non-crimes’ could now show up on DBS checks.
Harry Miller, 54, was contacted back in January by an officer from Humberside Police following an anonymous complaint about some of his Twitter posts.
The PC told him he’d identified around 30 potentially offensive tweets, in particular a limerick he’d shared questioning whether transgender women are biological women, and said he needed to ‘check his thinking’.
Read article: How a single ‘offensive’ tweet could potentially wreck your entire career
Free speech organisation Fair Cop recently reported that Humberside Police now include these “non-crimes” on people’s records when they request an enhanced DBS check, potentially preventing them working as teachers or care assistants.
Read article: The impact of Britain’s foolish university drive is truly disturbing
As a criminologist, one of my main interests and concerns is with what is known as over-criminalisation – the overuse of laws and policing in modern society. One dimension of this over-criminalisation that often goes under the radar is the practices of the police themselves.
Read article: Stuart Waiton: Is 1984 now a police manual?
Harry Miller – known by many as “Harry the Owl” on Twitter @HarryTheOwl – has been through a lot. If you’re not up to speed on Harry and the limerick you can learn about Harry’s adventures with the “thought police” here. Country Squire Magazine decided it was time for an update and so one of the Squires interviewed Harry last week.
Read article: The Harry Miller Fair Cop Interview
In January, Harry Miller was investigated by the police for retweeting a limerick on Twitter. The police said the limerick – and 30 other tweets – constituted transphobic hate speech.
Miller is one of the thousands of ordinary people who have found themselves on the sharp end of the law in recent years simply for expressing their views. Social-media posts, usually intended as jokes or political arguments, are increasingly being criminalised if they convey the ‘wrong’ opinions about certain topics. Posts on trans issues are considered particularly toxic and are zealously investigated by police. Miller, alongside barristers, police officers
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