Operational partnerships - Hate crime SOP (O17a)

1. Summary of changes

This Standard Operating Procedure (SOP) has been reviewed on 20 November 2025, the following amendments have been made:

• paragraphs 12 and 13 updated (removal of CLOs)
• paragraph 15 updated (removed of South East Hate Crime Forum Chair)

2. What this procedure is about

This procedure explains how Kent Police (all police officers, all members of staff, special constables) will respond, record, and investigate all reports and incidents of hate crime, applying the APP (Hate crime | College of Policing) authorised professional practice to hate crime, alongside:

• Kent Police hate crime pages - hate crime (inSite)
• National Decision Model - National Decision Model (inSite)
• Problem solving – Problem solving and OSARA (inSite)
• Code of Ethics – Code of Ethics (inSite)

2.1. How to respond to hate crime

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

• improve the operational response to hate crime by delivering quality investigations/outcomes and case management, dealing effectively and proportionately with offenders, providing quality service to victims and witness, ensuring effective and transparent communication.
• ensure CPD, training and scrutiny around hate crime reflects areas of improvement, including sharing of best practice and lessons learnt.
• ensure partners (internal and external), community groups and third-party initiatives/groups form part of the consultation and are supported in raising awareness prevention of hate crime, and early intervention to reduce the risk of escalation, and trust and confidence.

2.2 What are crime and incidents motivated by hate

Hate crimes and incidents are taken to mean any crime or incident where the perpetrator’s hostility or prejudice against an identifiable group of people a factor in is determining who is targeted.

A victim, complainant or the person reporting the crime or incident does not have to be a member of the targeted individual or group, which also means an individual or group who is or are perceived to be or associated with an identifiable group of people (even mistakenly), could be a victim of a hate crime or incident based on hostility towards a protected characteristic.

2.3 What are the five protected characteristics?

The following definitions are shared by all criminal justice agencies and form the basis for national hate crime data recording.

Characteristic	Description
Race	A person’s race or perceived race relates to any racial group or ethnic background including countries within the UK and Gypsy and Traveller groups.
Religion	A person’s religion or perceived religion relates to any religious group including those who have no faith in a theology.
Sexual orientation	A person’s sexual orientation or perceived sexual orientation relates to any person’s sexual orientation. (This does not include gender). Please see guidance ion inSite - Hate and hate incidents.
Disability	A person’s disability or perceived disability, relates to any disability including physical disability, learning disability and mental health or developmental disorders.
Transgender	A person who is transgender or perceived to be transgender, relates to people who are transsexual, transgender, cross dressers and those who hold a Gender Recognition Certificate under the Gender Recognition Act 2004.

2.4 What is the distinction between a hate crime and hate incident?

Hate crime:

A hate crime is an act of criminality directed at an individual or group because of who they are. The police and CPS (https://www.cps.gov.uk/crime-info/hate-crime) record data on hate crimes for the five protected characteristics as above. A 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

Non-crime hate incident (NCHI):

A non-crime hate incident (NCHI) is an incident or alleged incident which involves or is alleged to involve an act by a person (‘the subject’) which is perceived by a person other than the subject to be motivated - wholly or partly - by hostility or prejudice towards persons with a particular protected characteristic.

• people involved or linked to a non-crime hate incident (NHCI) should only be added to a report as 'involved parties' and not victims and suspects
• however non-crime hate incidents (NCHI) should not be dismissed as unimportant – they can cause extreme distress to complainants and communities
• non-crime hate incidents (NCHI) may also be the precursor to more serious or escalating incidents, may form part of a series of incidents that, together, may constitute a crime, such as harassment. A retrospective review of crimes will often highlight earlier non-crime hate incidents that could have presented opportunities to intervene to reduce threat, risk, and harm. 

3. Engaging with victims of hate crime

When engaging with victims of hate crime, all police personnel must:

• 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.
• seek to identify the unique needs of the victim (needs assessment) including any areas of vulnerability, and endeavour to meet those needs and comply with the Victim Code.
• be aware that hate crime has the potential to escalate into a critical incident.

3.1. 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.

4. Op Hampshire - Nine point plan

Kent Police recognise that Hate Crimes and incidents can be directed at police officers and staff, and therefore all such crimes or incidents are to be fully recorded and responded to in accordance with Op Hampshire (Supt Ray Quiller - OSSR Tactical Command & Op Hampshire (sharepoint.com) 2020 Hate Crime Guidance). Intervention by colleagues and supervisors should be in accordance with the 9-point plan (9 Point Plan (sharepoint.com), and Witness Care will engage with officers and staff as per any other hate crime victim.

5. Initial contact with victim or witness of hate crime

Hate crime may be reported by a victim or third party, at a police station, by telephone, to a patrol officer, or via an online reporting service, such as ‘True Vision’. 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. It is crucial that the information first gathered from the complainant is as full and accurate as possible.

5.1 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.

5.2 The Force Incident Control Room (FCIR) will ensure the following is carried out:

• all incidents reported to the FCIR are assessed using the deployment criteria within force policy OO3, and the THRIVE (Threat, Harm, Risk, Investigation, Vulnerability and Engagement) 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 FCIR 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 antisocial 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 to explain what has happened or to provide their best evidence. The FCIR 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.

6. Attendance at scene

Officers attending the scene will:

• respond within the specified timescales, or if unable to do so, inform both FCIR and the informant.
• seek to capture all immediately available evidence through questions and accounts 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 using BWC footage. Any immediately available CCTV or eyewitness 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 identity-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 SharePoint pages. 
• identify any requirements that the victim has, for example: 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 practicable. Do not use children as interpreters.
• arrests should be considered subject of the necessity test, as soon as practicable however these are a matter for the individual officer.
• if antisocial behaviour is a factor, complete a Risk Assessment Matrix (RAM) in accordance with force policy on antisocial behaviour. A hate crime risk assessment must be completed at scene with the victim. Hate Crime Risk Assessment Final 10052022.pptx (sharepoint.com)
• complete the National Police Chief Council Crown Prosecution Service Hate crime evidence checklist on SharePoint. Ensure the Victim care card is given to the victim.

6.1 Initial supervisory responsibilities at scene (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 potential risks of hateful extremism associations or concerns are referred to Kent Prevent Team/Counter Terrorism Police South East.
• 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.

7. Recording of hate crime

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.

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 filed.

7.1 Recording of non-hate crime incidents

The College of Policing have published updated guidance on non-crime incidents. The Non-crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into force on 3 June 2023. The Code provides guidance to the police in England and Wales relating to non-crime hate incident (NCHI) recording, setting out a common-sense and proportionate approach that should be adopted by the police.

The guidance states that: 

Non-crime hate incidents should not be recorded where they are trivial, irrational, or if there is no basis to conclude that an incident was motivated by hostility.

Individuals who are commenting in a legitimate debate – for example, on political or social issues – should not be stigmatised because someone is offended.

If a record is made, it must be done in the least intrusive way possible – for example, it may not be necessary to record the name of an individual or the location of an incident.

People involved or linked to a non-crime hate incident (NHCI) should only be added to a report as 'involved parties' and not victims and suspects. Recording personal data for non-crime hate incidents is applied at the point of recording, only NCHI’s that pass the threshold for the recording of personal data should include personal data, and forms part of the Sgt’s daily assessment.

8. Investigation Management Unit (IMU)

Hate crimes, in accordance with the Victim Code 2013 Code of Practice for Victims of Crime in England and Wales (Victims' Code) - GOV.UK (www.gov.uk), 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. Investigation Management Unit staff are responsible for the allocation of hate crimes and 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 non hate crime related incident, the following action will be taken:

• recognise the crime and undertake a quality investigation that supports the delivery of an outcome that satisfies the victim and the community. 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.
• reduce repeat victimisation. Consider vulnerability, or any persistent targeting of hate crime victims. A recorded hate crime or non hate crime related incident shall be allocated for further investigation in accordance with the Crime Allocation Model attendance policy, with a bias towards attending all incidents, unless in exceptional circumstances, or when the victim requests that police do not attend. Inform victim of the ‘Track My Crime’ facility.

9. Hate crime investigation by OIC

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 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.

N26 Crime Investigation provides further information. Policy N26 - Crime Investigation.docx (sharepoint.com).

9.1 Victim Personal Statement (VPS)

The impact of hate crime on victims can be particularly significant and therefore officers will offer victims the opportunity, at the outset, to make a Victim Personal Statement (VPS). An additional VPS can be obtained prior to trial if the victim is continuing to experience the effects of the offending.

9.2 Supporting victims evidence

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’ Achieving Best Evidence document/Vulnerable Witness Pre-Interview Planning Form (form 3186).

Special measures within the ‘Youth Justice and Criminal Justice Act’ 1999, can also be sought and discussed with the Witness Care Unit. Victim and Witness Care Unit (sharepoint.com).

An ‘intermediary’, whose function is to communicate and explain to the vulnerable victim/witness questions put to the victim/witness and communicate to any persons asking such questions, the answers given by the victim/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 the request is authorised by a member of a Senior Leadership Team in consultation with the budget holder.

9.3 Victim Code

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 actioned 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. Victims' Code for policing | College of Policing.

10. Prosecution of hate crime offences

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

10.1 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, e.g., social services or housing departments
• any other orders in existence, such as Community Protection Notice (CPN) or Criminal Behaviour Order (CBO) as punishment for antisocial behaviour
• whether the current incident breaches any existing order

10.2 Out of court disposal (where the police have the power to issue a community resolution, caution, conditional caution or fixed penalty):

• 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.
• 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.
• 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.
• 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).

11. Bail proceedings

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, e.g., any other orders in existence such as Community Protection Notice (CPN) or Criminal Behaviour Order (CBO) as punishment for antisocial behaviour, civil injunctions
• the victim personal statement
• any other relevant information

12. Supervisory responsibilities of hate crime investigation

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 officer in the case. The supervising sergeant for a recorded hate crime/hate crime incident will assess:

• is this accurately recorded as a hate crime?
• have all reasonable lines of enquiry been conducted?
• 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.
• suspect marker added (arrest/ interviewed/eliminated etc)
• any additional aggravating factors to consider?
• any ongoing risks identified to victims or witnesses? Confirm safety planning in place for victims/witnesses/family.
• any risk of further retribution or a reoccurrence? Consider the impact of the alleged offence on the wider community.
• 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?
• is the outcome correct?
• Victim’s Right to Review (VRR) addressed – only if IP supporting and suspect identified.
• any other orders in existence?
• have referrals been made to prevent?  

The OIC will refer any victim or offender to PREVENT through a PREVENT referral process if they identify indications of vulnerabilities to radicalisation for consideration by PREVENT of referral to CHANNEL. 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. Prevent: new guidance for operational officers and staff (sharepoint.com). 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. Only statutory partner agencies should be using the National Referral Form (NRF)

• ensure potential risks of hateful extremism associations or concerns are referred to Kent Prevent Team/Counter Terrorism Police Southeast?
• are partner agencies involved where appropriate? 
• CSU follow up visit required.
• has Community Resolution/Restorative Justice been considered?

12.1 Supervisors review of risk

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 to be recorded on the crime report/crime related incident report.

• where a hate crime/hate crime incident is linked to domestic abuse, refer to force policy N07 Domestic Abuse
• 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.

13. Hate crime investigation - quality assurance

The divisional DCI has overall responsibility for hate crime on each division. The divisional DCI will nominate a divisional hate crime champion and additional SPOCs across the division. The divisional hate crime champion will meet regularly with the divisional CLO’s, to review hate crime data/satisfaction, incidents and any potential for escalation, and report back to divisional DCI, and support localised Kent Police/Public Hate Crime Forums or meetings.

14.Role of the hate crime champions/SPOC’s

Hate crime single point of contact, champion and SLT leads Terms of Reference, October 2024 – October 2025, has been created to support staff and officers in this role across the force. This will be shared with individuals in December 2024, for feedback to ensure support, learning is have a positive response to:

• understanding hate crime data, to deliver activity which is evidenced based
• responding positively to allegations, signs and perceptions of hostility and hate
• carry out a proportionate, sensitive, and thorough investigation
• ensure supervisors and managers proactively check reports of hate crime and non-crime hate incidents to ensure that the appropriate action has been taken and that allegations are investigated in a consistent and proportionate manner
• ensure supervisory, management and performance processes support an effective response to hate crimes and non-crime hate incidents

This role is promoted through a wide range of available communication platforms to reach a wide audience, including share point pages, viva engage, Staff Support Association, Kent Police events, and existing hate crime single point of contacts, who can share their own personal experiences around the role and their responsibilities.

The role is discretionary (can remove self at any time through direct email to PC Thind or PC Fearn) and is not limited in numbers and forms part of the Kent Police community at work. Individuals who have an interest are always encouraged to contact and discuss in person with the Inclusion & Hate Crime Team working within the Strategic Prevention Command, to support decision making in taking up this role.

15. Hate crime - governance

The Kent Police Hate Crime Forum, and Hate Crime Southeast Forum is chaired by the chief superintendent for strategic prevention progressing the 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 – through improved investigative standards and effectively dealing with victim’s and offenders

16. 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 Equality-impact-assessment-hate crime - 2024.docx.

Risk assessment

This SOP has been assessed as high risk.

17. Consultation

• IT security
• Legal
• Freedom of Information
• Health and Safety
• Human Resources
• Finance
• Unison
• Police Federation
• Staff Support Associations
• Hate Crime Champions/Spocs

18. Monitoring and review

This SOP will be reviewed annually by Strategic Prevention Command with the next review scheduled to take place in November 2026.

19. Other source documents

Force policy O03 - Public Contact and Incident Management
Force policy N07 - Domestic Abuse
ACPO Hate Crime Manual
Youth Justice and Criminal Evidence Act 1999
Crime and Disorder Act 1998
Equality Act 2010
MENCAP 'Stand By Me'
Hate Crime Operational guidance

20. Security

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

21. Retention and disposal of records

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