A Lincolnshire businessman (and former police officer), Mr Harry Miller, has sought a judicial review of one of the more sinister aspects of current policing, the recording of ‘hate incidents’ by the police even when there is no offence (on their own admission). The case is ongoing, and a report in The Telegraph (paywall of sorts) indicates that the judge made a remark that might indicate that he was surprised at the position of the ‘College of Policing’, one of those quangos that isn’t needed and might even have been invented to hammer nails in to the coffin of the liberties of Englishmen.
The “right to be offended” does not exist, a judge has said, as the High Court hears that British police forces are recording hate incidents even if there is no evidence that they took place.
The College of Policing, the professional body which delivers training for all officers in England and Wales, issued their Hate Crime Operational Guidance (HCOG) in 2014, which states that a comment reported as hateful by a victim must be recorded “irrespective of whether there is any evidence to identify the hate element”.
Mr Justice Knowles expressed surprise at the rule, asking the court: “That doesn’t make sense to me. How can it be a hate incident if there is no evidence of the hate element?”. Mr Justice Knowles made the remark on the first day of a landmark legal challenge against guidelines issued to police forces across the country on how to record “non-crime hate incidents”.
He added: “We live in a pluralistic society where none of us have a right to be offended by something that they hear.
“Freedom of expression laws are not there to protect statements such as ‘kittens are cute’ – but they are there to protect unpleasant things.
“Its utility lies in exposing people to things that they do not want to hear.”
I note that the BBC takes a different line on the case, highlighting the following:
He (Mr Miller) previously described police as using George Orwell’s novel 1984 as an “operating manual”.
His barrister, Ian Wise QC, told the court his client was “deeply concerned” about proposed reforms to the law on gender recognition and had used Twitter to “engage in debate about transgender issues”.
Mr Wise said Humberside Police had also sought to “dissuade him from expressing himself on such issues in the future”.
This, he said, was “contrary to his fundamental right to freedom of expression”.
Mr Miller has “never expressed hatred towards the transgender community”, he said.“He has simply questioned the belief that trans women are women and should be treated as such for all purposes.”
His views, he added, “form part of a legitimate public debate and cannot sensibly be regarded as ‘hate speech'”.In response, Jonathan Auburn, for the College of Policing, said: “While the claimant now expressly disavows having any personal hostility or prejudice towards transgender people, his social media messages speak for themselves.”
In one tweet, he said Mr Miller posted: “I was assigned mammal at birth, but my orientation is fish. Don’t mis-species me.”
It strikes me that Counsel for the ‘College’ is not making a legal point there, but is trying to stretch a factual one, and conflating incredulity with hostility.
At last, someone is taking on the PC State. The case continues. It could set a most welcome precedent on this issue, but it would need the Court of Appeal to rule on the issue to make a generally-binding precedent for England and Wales.