Conservatives Urge Police to Limit Free Speech Investigations

Law enforcement agencies should investigate non-crime hate incidents solely when they pose a risk of “imminently breaking the law,” according to the Conservatives. Chris Philp, the shadow home secretary and former policing minister, stated that police guidelines on addressing hate speech ought to be updated to ensure officers are not “policing thought” or “free speech.” These remarks follow a disagreement between Telegraph columnist Allison Pearson and Essex Police, who are currently investigating an accusation that she violated the Public Order Act in a social media post last year. A non-crime hate incident is documented when no criminal offense has been committed, but the individual reporting it believes it was motivated by hostility. In his initial address since being appointed shadow home secretary by the new Conservative leader Kemi Badenoch, Philp informed the National Police Chiefs’ Council (NPCC) and Association of Police and Crime Commissioners conference in Westminster that an urgent change in guidance was necessary. Currently, the government guidance only specifies when police should record the personal details of individuals accused of hate speech. Philp advocated for the guidance to be broadened to cover when police should engage with these incidents at all, aiming to establish “quite a high bar” and prevent “wasting” their time and resources. On Tuesday, NPCC chairman Gavin Stephens asserted that non-crime hate incidents require investigation to ensure that “precursors to violence” are not overlooked. However, Philp advised police chiefs that their officers should “concentrate on investigating and preventing crime.” He added, “Distractions from that mission should be jettisoned… We must use officers’ time to protect the public and catch criminals. Offensive speech is not the same as illegal speech.” Non-crime hate investigations “should not be directed at nine-year-old children involved in playground spats as reported in the Times last week,” but only “where “there’s a real risk of imminent criminality,” Philp stated. The Home Office has been contacted for a response. Home Secretary Yvette Cooper has previously indicated that officers should employ “a common sense and consistent approach” when recording non-crime hate incidents. The Home Office has been reviewing how forces balance the investigation of these incidents with the right to free speech. Last week, a Downing Street spokesperson commented that it was “important” for the police to collect data related to non-crime hate incidents “to help prevent serious crimes which may later occur.” The spokesperson further stated, “This must be balanced with the fundamental right to free speech and also ensuring that the police can spend their time dealing with the issues that matter most to our communities.” The existing guidance for handling non-crime hate incidents was introduced by then-Home Secretary Suella Braverman in June 2023, when Philp was policing minister. She urged forces to record these incidents only “when it is absolutely necessary and proportionate and not simply because someone is offended.” Last week, officers from Essex Police visited Pearson to arrange an interview concerning a post on the social media platform, X. The force later clarified that the interview pertained to a potential allegation of incitement to racial hatred online. In a Telegraph article, Pearson claimed she was informed by the officers who came to her home that they were investigating a non-crime hate incident, but she was not told which specific post was involved. She denies inciting racial hatred and has described the experience as “Kafkaesque.” Essex Police stated that “at no stage” did its officers tell her the investigation was related to a non-crime hate incident. The force has requested “investigative advice” from the Crown Prosecution Service.