Operational partnerships - Hate crime SOP (O17a)

O17a Hate Crime

1. Summary of Changes

1.1. This Standard Operating Procedure (SOP) has been reviewed in July 2023. The following amendments have been made:

• Inclusion of Non crime hate incidents code of practice
• Inclusion of Evidence led prosecution
• Removal of track my crime
• IPAG changed to IAG
• Inclusion of Sikh Guard as new 3rd party reporting platform
• Inclusion of working definition of Antisemitism

2. What this Procedure is About

2.1. This procedure will detail how Kent Police will respond to all reports of hate crime and hate crime incidents, with particular reference to the following three key objectives:

• Through effective engagement with Community groups, schools and others, prevent hate crime by challenging the attitudes that underpin it, and encouraging early intervention to reduce the risk of incidents escalating;
• Increase the reporting of hate crime by building victim confidence, supporting 3rd party reporting initiatives and working with partners to provide victim support;
• Improve the operational response to hate crime by better identifying and managing cases, managing victim expectation and dealing effectively with offenders. CPD, training and scrutiny around hate crime is key to ensuring we embed best practice and lessons learned.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the Procedure

3.1. 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.

3.1.1. However, in order to be a hate crime capable of being prosecuted there must not only be hostility demonstrated or forming a motivating factor based on one of the 5 protected characteristics but there must also be an underlying offence against which the hostility lies.

3.2 Hate crime can take several forms, for example:

• Physical attack, such as assault, damage to property and offensive graffiti;
• Threat of attack, including offensive letters, digital communications, abusive or obscene telephone calls, and unfounded, malicious complaints;
• Verbal abuse, or harassment, including offensive leaflets and posters, abusive gestures and bullying at school or in the workplace.

3.3. Kent Police recognises that hate crimes and incidents can be directed at police officers and staff (OP Hampshire). We encourage all such crimes or incidents to be fully recorded and responded to in accordance with the 2020 Hate Crime Guidance. Intervention by colleagues and supervisors should be in accordance with the 9 point plan. CWS will engage as per any other Hate Crime victim.

Victims

3.4 When dealing with reports of hate crime, police personnel must:

• Seek to identify the unique needs of the victim (needs assessment) including any areas of vulnerability, and endeavour to meet those needs. Remember compliance with Victim Code;
• Act in an appropriate and professional manner, providing support and reassurance where necessary.
• Afford the victim the necessary degree of privacy and treat any information given by the victim in the strictest confidence particularly where the report relates to sexual orientation or gender identity. Information should never be disclosed to any other party without the express permission of the victim.
• Be aware hate crime has the potential to escalate into a critical incident.

3.5 It may be a criminal offence for any person, having acquired protected information in an official capacity, including the police, to disclose to any person that a person is transgender. Police personnel involved in the investigation must not disclose information regarding the victim’s or witness’s sexual orientation or gender identity to their family or friends without their express permission. The victim or witness may not have told friends or family about their sexual orientation or gender identity and such a disclosure, even inadvertently, could seriously undermine victim and community confidence in the police as well as potentially exposing the complainant to further risk. The only exceptions, in relation to the police, will be with the permission of the individual or preventing or investigating crime (Gender Recognition Act 2004). All persons must be treated in accordance with the gender in which they present or they identify with.

3.6 Where a victim is a witness in criminal proceedings and is considered vulnerable due to their age (under 18 years) or incapacity, the Investigating Officer must comply with the Practice Guidance on ‘Achieving Best Evidence Guidance’ (ABE) and be mindful of the availability of Special Measures within the ‘Youth Justice and Criminal Justice Act’ 1999. (Further advice on Special Measures contact the Witness Care Unit).

3.7 One form of assistance within the Act, is an ‘Intermediary’, whose function is to communicate and explain to the vulnerable witness, questions put to the witness and communicate to any persons asking such questions, the answers given by the witness in reply to them. Information on professional intermediaries can be located on Force Policy N15 - Police response to victims and witnesses, Excel Form 3182. Please ensure request authorised by a member of a Senior Management Team in consultation with budget holder.

3.8 Kent Police has 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”.

Initial Contact

3.9 Hate crime may be reported by a victim or third party, at a police station, by telephone, to a patrol officer, or via an on-line reporting service, such as ‘True Vision’. There are other 3rd party reporting platforms such as Galop, Community Security Trust (CST), Measuring anti Muslim attacks (Tell Mama), Sikh Guard. The person taking the complaint should afford the complainant an appropriate degree of privacy and in all cases must establish the circumstances surrounding the report together with any risk requiring an immediate response to the victim, to protect persons associated with them, or the community as a whole. It is crucial that the information first gathered from the complainant is as full and accurate as possible.

3.10 It must be noted that not all hate crimes will be reported by the complainant as a hate crime. Personnel taking the complaint may identify the incident as a hate crime, having evaluated the circumstances and answers to their questions.

3.11 The Force Control Room (FCR) will ensure the following is carried out:

• All incidents reported to the FCR are assessed using the deployment criteria within Force Policy OO3, and the THRIVE principles. Hate crime victims should be considered as ‘Vulnerable’ or, if applicable, ‘repeatedly targeted’.
• Where a scheduled appointment call to a Hate Crime/Incident is made, the STORM log shall be endorsed with an appropriate rationale.
• The FCR operator must consider when initial contact is made, that not all hate crimes will be reported by the complainant as a hate crime. This may be particularly relevant when recording on STORM an initial call as an incident of anti-social behaviour.
• The Hate Crime/Incident shall be tagged on STORM as a Hate Crime/Incident, using the ‘minorities’ tag.
• Some vulnerable victims and witnesses need assistance with communication and understanding in order to explain what has happened or to provide their best evidence. The FCR operator shall consult a supervisor in determining the need to deploy an officer in such circumstances.
• STORM incidents are not closed without a Crime Report or Crime Related Incident report, reference (CRI) and, ‘hate’ qualifier.

Attendance at Scene

3.12 Officers attending the scene will:

• Respond within the specified timescales, or if unable to do so inform both FCR and the informant;
• Seek to capture all immediately available evidence through Q&A of the Complainant at the scene, Body Worn Camera footage of the scene and demeanour of the complainant. If the Suspect is present then any comments made must be recorded and demeanour noted including through the use of BWC footage. Any immediately available CCTV or eye witness evidence should be obtained or appointments made to obtain the same bearing in mind the time window for loss of such valuable evidence.
• Consider any risks or health and safety aspects of each incident. It is the responsibility of all officers to conduct a Dynamic Risk Assessment when attending any incident.
• The attending officer must consider that not all hate crimes will be reported by the complainant as a hate crime. Attending officers are expected to exercise professional curiosity around the reasons why an otherwise unexplained event may have occurred and seek further information to determine whether identify based hostility is the reason for the offence having been committed. This may be particularly relevant when creating a crime report, where anti-social behaviour is considered a factor in the offence being committed.
• Refer to the ‘IMU Hate Crime Guidance’ and ‘Officer Crime Attendance Guidance’ on the IMU Insight pages.
• Identify any requirements that the victim has, eg: whether they want to have a discussion in private; whether there are any confidentiality issues; whether they need an interpreter. Arrange for these to be put in place where practical. Do not use children as interpreters.
• Arrests should be considered subject of the necessity test, as soon as practicable but these are a matter for the individual officer
• If Anti-Social Behaviour is a factor, complete a Risk Assessment Matrix (RAM) in accordance with Force Policy on Anti-Social Behaviour. A Hate Crime Risk Assessment must be completed at scene with the victim.
• Complete the NPCC CPS Hate Crime Evidence checklist.
• Victim Care Card to be given to the victim.

Supervisory Responsibilities

3.13 Operational Sergeant (Initial Actions)

• ensure the attending officer is taking positive action, is fully supporting the victim and updating them on actions being taken.
• confirm that all forensic opportunities are being exploited.
• check the integrity and continuity of exhibits.
• identify potential critical incidents and brief the supervising Inspector.
• ensure initial risk identification has been conducted, actioned as appropriate and recorded.
• review what action has been taken in respect of locate identify/arrest of the offender.
• ensure the attending officer submits the crime report /crime related incident report before finishing their tour of duty.
• ensure liaison with local Special Branch contact where appropriate.
• consider deploying a family liaison officer.
• brief the local Community Liaison Officer as appropriate.
• brief the local press/force press officer where appropriate.
• consider a Community Impact Assessment.
• consider engagement with the Community Safety Unit.

Investigation

3.14 Hate crimes by their very nature have significant potential to develop into critical incidents. There have been occasions where police forces have failed to recognise the risks associated with lower level hate crime and hate incidents until after it has escalated to a fatal or other serious crime. The consequences of failing to recognise and respond adequately to lower level incidents can have tragic consequences for victims and also can seriously undermine confidence in the police and therefore bring about that critical incident. It is therefore vital that police officers and their supervisors tasked with the investigation of a hate crime/incident consider its potential as a current or future critical incident. The requirement for a consistent approach to investigation is aimed not only at identifying and prosecuting offenders, but also preventing a hate crime from becoming a critical incident.

3.15 The impact of hate crime on victims can be particularly significant; officers will offer them the opportunity, at the outset, of making a Victim Personal Statement (VPS). Please see SOP N03a. An additional VPS can be obtained, prior to trial, if the victim is continuing to experience the effects of the offending.

3.16 It is also important to be aware of the need to provide evidence of the offender's ‘hostility’ if sentences are to be enhanced under Section 145 or 146 of the Criminal Justice Act 2003. This can be obtained by skilful interviewing, and can also come from gathering evidence during scene and other searches.

3.17. For further information please see policy N26 Crime Investigation.
Recording of Hate Crime

3.18 All allegations of hate crime will be recorded on Athena. Evidence of an offence is not a requirement; only that someone perceives a hate crime has occurred.

3.19 A Crime Report reference number will be allocated in all cases. If it transpires an offence has not been committed, the final classification will remain the same but the report will be cancelled.

Investigation Management Unit (IMU)

3.20 A hate crime investigation has two aims:

• To recognise the crime and undertake a quality investigation that supports the delivery of an outcome that satisfies the victim and the community.
• To reduce repeat victimisation.

3.21 Hate crimes, in accordance with the Victim Code 2013, shall be treated as a ‘serious crime’ from the outset and shall be managed as a priority. This includes ensuring that all hate crimes are appropriately assessed and allocated to ensure the best possible outcome. IMU staff responsible for the allocation of hate crimes must ensure that the policy is fully understood and adhered to at all levels. Where an incident has been identified as a Hate Crime or Hate Crime Related Incident ,the following action will be taken:

• The IMU investigator must consider, that not all hate crimes will be reported by the complainant as a hate crime. They should assess the substance of the report to correctly record it and risk assess using THRIVE principles.
• Consider vulnerability, or any persistent targeting of hate crime victims. A recorded Hate Crime or Hate Crime Related Incident shall be allocated for further investigation in accordance with the Crime Allocation Plan attendance policy, with a bias towards attending all incidents, unless in exceptional circumstances, or when the victim requests that police do not attend.

Non-Crime Incidents

3.22. 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.

3.23. The code provides guidance to the police in England and Wales relating to non-crime hate incident (NCHI) recording. It sets out the common-sense and proportionate approach that should be adopted by the police.
The code:

• includes guidance relating to whether and how the personal data of an individual who is the subject of an NCHI report should be processed as part of an NCHI record
• provides detailed information on the right to freedom of expression, and clear case studies to illustrate how this right should be taken into account in the context of NCHI recording
• clarifies that debate, humour, satire and personally-held views which are lawfully expressed are not, by themselves, grounds for the recording of an NCHI
• sets out that an NCHI should not be recorded if the report is deemed by the police to be trivial, irrational, malicious, or if there is no basis to conclude that it was motivated by intentional hostility

3.24. The code also introduces the additional threshold test, which clarifies that personal data should only be included in an NCHI record if the event presents a real risk:

• of significant harm to individuals or groups with a particular characteristic or characteristics
• that a future criminal offence may be committed against individuals or groups with a particular characteristic or characteristics

3.25. For the purposes of the code, a ‘particular characteristic’ means race, religion, sexual orientation, disability or transgender identity, as defined in hate crime legislation. This test will enable the police to intervene where necessary to safeguard vulnerable individuals and communities.

3.26. The College of Policing publish non-statutory Authorised Professional Practice (APP) guidance on NCHI recording.

3.27. The College of Policing have introduced an e learning package (approx. 20 mins) https://www.learn.college.pnn.police.uk/CL/Content/Summary/46815

Supervisory Responsibilities - Investigation on Division

3.28 All reports of a Hate Crime/Hate Crime Related Incident will be given a professional service tailored to the needs of the individual. Investigation plans will be set by the Sergeant supervising the OIC. All hate crimes and hate crime related incidents shall be reviewed by an officer of the rank of Inspector, prior to an investigation being concluded and filed.

3.29 The Supervising Sergeant for a recorded hate crime/hate crime incident will assess:
1. Is this accurately recorded as a hate crime?
2. Have all reasonable lines of enquiry been conducted?
3. Consider resubmitting the case to a duty prosecutor for a second opinion if there is thought to be insufficient evidence to charge – the CPS appeals process.
4. Suspect marker added (Arrest/ Interviewed/Eliminated etc)
5. Any additional aggravating factors to consider?
6. Any ongoing risks identified to victims or witnesses? Confirm safety planning in place for victims/witnesses/family
7. Any risk of further retribution or a reoccurrence? Consider the impact of the alleged offence on the wider community
8. If the victim is not supporting is it clear why this is and what has been done to counter this? Any Special Measures that should be considered to help victims or witnesses?
9. Is the outcome correct?
10. Victim’s Right To Review (VRR) addressed – only if IP supporting and suspect identified
11. Any other orders in existence?
12. Have referrals been made where required? Ie Prevent
13. Are partner agencies involved where appropriate?
14. Update the CLO for review where appropriate?
15. CSU follow up visit required?
16. Has Community Resolution/Restorative Justice been considered?
17. Has Liaison with Special Branch taken place if appropriate?

Community Liaison Officer

3.30 The Community Liaison Officer shall maintain an overview of hate crimes/hate crime related incidents for a district, liaising with victims as appropriate and in conjunction with the investigating officer, in order to ensure the needs of the victim are fully considered where they can add value in supporting the victim, supporting risk management plans in consultation with the OIC. The CLO shall provide information on support groups that may be available to the victim. The CLO shall in appropriate cases consult with Independent Critical Incident Advisors and liaise with the OIC and supervisory officer. The OIC will refer any victim or offender to the CHANNEL process if they identify indications of vulnerabilities to radicalisation. CHANNEL is a multi-agency safeguarding programme, which provides support to those individuals who may be vulnerable to being drawn into any form of extremism that could lead to terrorist related activity This process is to ensure that they are given appropriate advice and support, as reflected in the ‘Prevent Duty’ contained within The Counter Terrorism & Security Act (CTSA) 2015.

3.31 Role of the Hate Crime Champions

1) Monthly meetings with CLOs (discuss area trends, current themes impacting hate crime such as Anti-migrant sentiment etc, discuss community impact, critical incidents, relevant IAG/ICIA updates, individuals or crimes of note for action/response/review)
2) Have an overview of Hate Crime Performance and satisfaction with context for Divisional Trends.
3) Dip Check of investigations (general inspection into reports highlighted due to time lapse, seriousness or repeat. For example contacting those officers with an outstanding hate crime suspect and review their suspect strategy to ensure they have one and the case is progressed sufficiently. Provide feedback both positive and learning)
4) Have an overview of the top repeat victims/venues and offender (ensure we are dealing with cases appropriately, preventative measures are in place and all the necessary internal and external partners are involved to minimise the risk of further crimes or an escalation of the situation)
5) Have an overview of the Officer/Staff victims of hate crime on Division (Op Hampshire)
6) Strategic multiagency Hate Crime Forum (provide written update and attend the quarterly meeting)
7) Diversity and Inclusion Divisional Boards (Consider providing a hate crime summary on first meeting then on subsequent meetings, provide exceptional reporting including a focus on hate crimes against police (Op Hampshire))
8) Wider dissemination of hate crime communications (such as, hate crime checklists, Insp filing review, sentence uplift)
9) Projects (share Divisional initiatives to Hate Crime Lead as well as opportunity to be involved in Kent/National projects as and when these arise such as the Home Office reviews, training packages)

The Divisional Hate Crime Champions are discretionary roles.

3.32. Evidence Led Prosecution (ELP): 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.
The importance of considering pursuing an ELPs is clear:

• To protect victims both current and future
• To hold perpetrators to account for their actions, specifically repeat offenders
• To prevent re-offending
• It is in the public interest

3.33. It is not envisaged that officers and staff will consider pursuing an ELP for all crime types where the victim does not want to make a statement or support a prosecution. Whilst police officers and/or police staff reserve the right to exercise discretion to pursue an ELP for any crime, the Force mandates that ELPs should always be considered where the victim is vulnerable or intimidated, it is a serious crime, or they have been repeatedly targeted. This will always include:

• Domestic abuse
• Honour Crimes
• Hate Crimes
• Stalking & Harassment
• Most Serious Violence (MSV), which includes wounding or other act endangering life, GBH, ABH, including racially or religiously aggravated ABH and other injury
• Rape & Serious Sexual Offences (RASSO).

3.34. PREVENT referrals
3.34.1. Investigating Officers/ Staff should consider a PREVENT referral for repeat hate crimes. Research shows there is a correlation in those who are susceptible to radicalisation.

• Officers do not need to complete the whole NRF (Prevent referral form)
• Submit Prevent or CT referral on a 3x5x2 intel report via Athena to FIMU
• FIMU will forward it to the Prevent Gateway team for Prevent to adopt / assess providing it does require intelligence enhancement or investigation.

3.34.2. Only statutory partner agencies should be using the National Referral Form (NRF)

3.35. Review of risk

3.35.1. Risk assessments shall be monitored by an officer of Sergeant rank, or above, with regular reviews, and interventions put in place to ensure that they are appropriate to the prevailing situation, providing measures to protect a victim or witness, provide reassurance and reduce the likelihood of further victimisation. A record of this risk assessment should continue be recorded on the crime report /crime related incident report.

3.35.2. Where a Hate Crime /Hate Crime Incident is linked to Domestic abuse, refer to Force Policy N07 Domestic Abuse

3.35.3 In addition to the above action, where a hate crime or hate crime related incident is linked to ASB, the database ‘Themis’ should be used to record partnership activity through the CSU to resolve the issues and an update provided to the OIC.

3.36. Victim Code

3.36.1. In accordance with the Victim Code 2015, a Hate Crime is a priority category and the victim can be entitled to an enhanced service. The vulnerability of a victim of a hate crime or the persistent targeting of a victim of hate crime shall also be considered as grounds for an enhanced service. Post charge ‘Special Measures’ will be action through the Witness Care Unit. Analysis of hate crime victim satisfaction consistently identifies that hate crime victim dissatisfaction is associated with the victim not being kept fully up to date on actions taken and the status of hate crime investigations.

Hate Crime Investigation - Quality Assurance

3.37 The Divisional VIT DCI, has overall responsibility for hate crime on each Division. The Divisional VIT Crime DCI, will nominate a Divisional Hate Crime Champion and additional SPOCs across the Division. The Divisional Hate Crime Champion will meet monthly with the Divisional CLO’s, to review all hate crimes, hate crime related incidents and satisfaction data. This will be reported to the Divisional VIT DCI. The Divisional Reactive Crime DCI or the Divisional Hate Crime Champion shall attend the Kent Police Hate Crime Forum.

Prosecution of Offences

3.38 Where a crime has been committed and it is recorded as a hate crime, charging decisions should always be made by the CPS in accordance with the Director’s Guidance on Charging. To assist the CPS in a charging decision, the MG3 should include the following:

• Details of the incident, accurately reflecting potential offences.
• That it has been recorded by the police as a hate crime.
• Who ‘perceived’ this crime as a hate crime.
• Any evidence of hostility being a motivation or being demonstrated.
• Any additional aggravating factors.
• Any Victim Personal Statements.
• Any notable risks identified to victims or witnesses.
• Any risk of retribution or civil unrest.
• Any Special Measures that should be considered to help victims or witnesses.

3.39 Other material that will assist the prosecution includes:

• Details of previous incidents against the victim.
• Details of previous incidents involving the defendant.
• The ability and/or willingness of the victim to give evidence.
• The impact of the alleged offence on the wider community.
• The likelihood of recurrence.
• Views on the safety of the victim and their family.
• Information from other agencies, eg, social services or housing departments.
• Any other orders in existence, eg, ASBOs, civil injunctions; and
• Whether the current incident breaches any existing order.

3.40 Where an officer consults the CPS in accordance with the Director’s Guidance on Charging and a decision is subsequently taken by the police in line with the Director’s Guidance on an out of court disposal (e.g. where the police have the power to issue a community resolution, caution, conditional caution or fixed penalty) they must first inform the CPS of that intention.

3.41 Whilst authority must be sought from the Crown Prosecution Service (CPS) before charging any offence classified as a hate crime, Custody Officers are advised to strongly consider the use of offences in their aggravated form.

3.42 The Crime and Disorder Act 1998, sections 29 to 32, has created specific offences in relation to assault, criminal damage, public order and harassment, which are aggravated by race or religion.

3.43 With the exception of the above offences, the Criminal Justice Act 2003, sections 145 and 146, empowers the court to give increased sentences for offences aggravated by race, religion, disability, sexual orientation and gender identity. (Section 65 of the Legal Aid, Sentencing and Punishment of Offender Act 2012, extends section 146 of the Criminal Justice Act 2003 that permits additional sentencing for transphobic hate crime).

Bail Proceedings

3.44 Victims of hate crime may be afraid of the possible repercussions for them once a defendant is charged. To protect victims and witnesses from threats, the risk of danger or repeat offences, the CPS may apply for a remand in custody, or ask the court to attach bail conditions. The court can only remand a suspect in custody if the CPS can show that there are substantial grounds for not granting bail. It is, therefore, vital that the following information is provided to the CPS:

• Details of the defendant’s previous convictions;
• Details of any previous incidents involving the defendant;
• Details of any previous breaches of bail conditions;
• The police view on victim and family safety;
• The likelihood of recurrence;
• The existence of any other orders, eg, ASBOs, civil injunctions;
• The Victim Personal Statement; and
• Any other relevant information.

Hate Crime - Governance

3.45 The Kent Police Hate Crime Forum, chaired by the Community Engagement & Hate Crime Manager will progress the following strategic aims on behalf of Kent Police:

• Preventing hate crime – by challenging the attitudes that underpin it, and early intervention to prevent it escalating.
• Promoting the reporting of hate crime– through raising public awareness of reporting options and by building victim and community confidence.
• Increasing access to support for victims – by developing local partnerships.
• Improving the operational response to hate crimes – by better identifying and managing cases, and dealing effectively with victims offenders.

4. Equality Impact Assessment

4.1. This policy has been assessed with regards to its equality impact. As a result of this assessment the policy has been graded as having a high potential impact. The latest Equality Impact Assessment is attached.

5. Risk Assessment

5.1. This SOP has been assessed as high risk.

6. Consultation

• Hate Crime Forum
• IT Security
• Legal
• Freedom of Information
• Health and Safety
• Human Resources
• Estates
• Finance
• Unison
• Police Federation
• Staff Support Associations
• Hate Crime Champions/Spocs
• IAG
• CLO’s
• Members of public who expressed an interest in Hate Crime

7. Monitoring and Review

7.1. This SOP will be reviewed annually by Diversity & Inclusion Command with the next review scheduled to take place in July 2024.

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).