Operational partnerships - Hate crime policy (O17)

1. Summary of Changes

1.1. This policy has been reviewed in July 2023. The following amendments have been made:

• Update to NCHIs and College of Policing guidance
• Inclusion of Evidence led prosecution
• Removal of Track my Crime
• Adoption of working definition of antisemitism by the international holocaust remembrance alliance
• Change of IPAG to IAG
• Inclusion of Mandatory NCALT hate crime training for police personnel

2. What this Policy is About

2.1 Kent Police is committed to reducing the harm caused by hate crime, by increasing the confidence of victims and working with partners to identify and where appropriate, prosecute those who commit such crimes.

2.2. This policy and linked SOP have been written to ensure that allegations of a hate crime or a hate incident are correctly identified and subsequently recorded, risk assessed, risk managed and investigated. Kent Police Officers and Police Staff, shall in all encounters and investigations be aware of their responsibilities to adhere to this Kent Police Policy, linked SOP and current legislation.

2.3 There is no need to refer Hate Crime cases to the CPS when an Out of Court Disposal is the likely method of outcome.

2.4 Out of Court Disposals for Hate Crime offences should only be administered for low level crime, where the offender makes a full admission and it is deemed appropriate with the agreement of the Divisional Inspector. The rationale for disposal must be recorded upon both the Crime Report and on the force Adult Out of Court Disposal Form.

2.5 Conditional Cautions may not be used as a disposal method for Hate Crime, which is in accordance with the national CPS guidance.

2.6 Restorative Practice should only take place after cautious consideration as a disposal method in instances of Hate Crime.

2.7 Evidence Led Prosecution: It is vital that all officers and staff understand the importance of considering an ELP when a victim is reluctant to make a statement or support a prosecution. See SOP N26b

2.8 Non-crime hate incidents: code of practice. This code assists police officers and staff in making decisions about the recording of non-crime hate incidents and relevant personal data. The code of practice came into force at 00:01 on 3 June 2023.
The code provides guidance to the police in England and Wales relating to non-crime hate incident (NCHI) recording.

Compliance with this SOP and any linked procedures is mandatory

3. Statement of Policy

3.1. Kent Police is committed to provide a first class service, protecting and serving the people of Kent. Kent Police will investigate all reports of hate crime and hate incidents and work with our partners to provide victims an enhanced level of support, with additional focus on identifying and reducing repeat victims. By doing this we want to achieve an accurate level of hate crime/incident reporting that is a true reflection of what is being experienced by vulnerable communities. Kent Police recognise that offenders or victims of hate crime may become vulnerable to being drawn into radicalisation and terrorism and have a duty as such under The Counter Terrorism & Security Act (CTSA) 2015 to consider a Prevent Referral and refer to the CHANNEL process.

3.2 The Police, Crown Prosecution Service, National Offender Management Service and other agencies that make up the criminal justice system agreed a common definition of monitored hate crime to cover five ‘strands,’ in particular - disability, gender-identity, race, religion/faith and sexual orientation. Primarily, this was to ensure a consistent working definition to allow accurate recording and monitoring. Kent Police additionally recognise hate crimes and incidents, which are motivated by hostility or prejudice, based on a person's age or perceived age.

3.3 A hate crime is defined as: any criminal offence which is perceived by the victim or any other person, to be motivated by a hostility or prejudice based on a person's race, religion, sexual orientation, disability or perceived race, religion, sexual orientation or disability or motivated by a hostility or prejudice against a person who is transgender, or perceived to be transgender.

3.4 A hate incident is defined as: any non-crime incident, which is perceived by the victim or any other person as being motivated by a hostility or prejudice based on a person's race, religion, sexual orientation or disability or perceived race, religion, sexual orientation or disability or motivated by a hostility or prejudice against a person who is transgender, or perceived to be transgender.

3.5 All forces have adopted the working definition of antisemitism by International Holocaust Remembrance Alliance (IHRA). “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed towards Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.” Whilst the definition is not legally binding, this definition is a useful tool which helps colleagues, partner agencies and the public to identify antisemitism.”

3.6 Section 146 of the Criminal Justice Act 2003 defines 'disability' as meaning any physical or mental impairment’.

3.7 Partnership governance for Hate Crime, shall be the responsibility of the strategic multi agency Hate Crime Forum, Chaired by Community Engagement Hate Crime Manager, ‘Diversity and Inclusion Command‘.

3.8 The Chair of the County ‘Independent Advisory Group’ is a member of the Hate Crime Forum, who shall represent the views and recommendations of the Kent Independent Advisory Groups at the Forum.

4. Implications of the Policy
4.1. Training

4.1.1. Hate Crime Training provided by Kent Police shall be monitored by the Kent Police Hate Crime Forum.

4.1.2. Hate Crime NCALT training package is mandatory for all Police officers and staff

4.2. Risk Assessment

4.2.1. This policy has been assessed as high risk.

4.3. Equality Impact Assessment

4.3.1. An Equality Impact Assessment has been carried out which shows the proposals in this policy have a high potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation. Attached is a copy of the latest Equality Impact Assessment.

5. Consultation

• Hate Crime Forum - including Chair County IAG
• Divisional Local Policing
• Finance
• Human Resources
• IT Security
• Legal
• Health and Safety
• Estates
• Freedom of Information
• Unison
• Police Federation

6. Monitoring and Review

6.1. This policy will be reviewed annually by Partnerships and Communities with the next review scheduled to take place in July 2024.

7. Other Source Documents

• ACPO Hate Crime Manual
• Youth Justice and Criminal Evidence Act 1999
• Crime and Disorder Act 1998
• Criminal Justice Act 2003
• Equality Act 2010
• MENCAP 'Stand by me'
• O32C Conditional Caution Policy
• Hate Crime Operational Guidance

8. Security

8.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy (Policy W1000 – Information Management).

9. Retention and Disposal of Records

9.1 Kent Police will hold data in accordance with our Records Review, Retention and Disposal Policy (Policy W1012 – Records Review, Retention and Disposal).