Harry Miller and his organisation “Fair Cop” pulled off a stunning victory in the Civil Division of the Court of Appeal on 20th December securing a powerful judgment which effectively renders the modern recording of “non-crime hate incidents” by police forces unlawful. Upholding the Appellant’s case on two of the five grounds advanced (proportionality and interference with a human right), the President of the Queen’s Bench Division, Dame Victoria Sharpe, found the recording framework “extraordinarily broad” and far too easily triggered to be lawful ruling that “The threshold for hostility is low (it can include ill-will, ill-feeling, spite, contempt, prejudice, unfriendliness, antagonism, resentment and dislike)”. Drawing attention to the danger of modern “non-crime hate incidents” being recorded against persons simply exercising freedom of speech the court held that “the Guidance contemplates on its face, the recording by the police of incidents as non-crime hate incidents, which are, to put it shortly, non-crime non-hate incidents”.
Read article: The Miller effect: How the Court of Appeal refashioned freedom of speech, by LGN legal commentator Dennis Kavanagh – Lesbian and Gay News
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