B1402 Procedure - Hate Crime

Number: B 1402
Date Published: 19 April 2024
Version 19 – April 2024

1.0 Summary of Changes

• References to FCR & resolution centre have been updated to Contact Management Command (CMC) & Assessment & Investigation Centre throughout document.

2.0 What this Procedure is about

This procedure explains how Essex Police will respond to, record and investigate all reports of hate crime and hate incidents and applies to all officers, staff members, and special constables. The following principles will apply when dealing with hate crime and hate incidents:

• Not all hate crimes and hate incidents will be reported by the complainant. As such, officers and members of staff taking the complaint may identify the incident as hate related, having evaluated the circumstances and answers to their questions.
• Officers and members of police staff must be aware that many victims will have experienced a number of incidents before deciding to make a police report and as such consideration should be given as to whether they are a repeat victim, even though they have not reported earlier incidents.

This procedure should be read in conjunction with the College of Policing Authorised Professional Practice (APP) on:

• Hate Crime
• National Decision Model (NDM)
• Risk Principles
• Code of Ethics

2.1 Hate Crime Definitions

Hate motivation: hate crimes and incidents are taken to mean any crime or incident where the perpetrators hostility or prejudice against an identifiable group of people is a factor in determining who is victimised. This is a broad and inclusive definition. A victim does not have to be a member of the group.

In fact, anyone could be a victim of a hate crime.

A hate incident (recorded as a non-crime hate incident) is:

A non-crime hate incident (NCHI) means 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 characteristic.

A hate crime is:

A hate crime is any criminal offence which is perceived by the victim or any other person to be motivated by a hostility or prejudice based one or more protected characteristics.

2.2 Recording Hate Crime

Essex Police must record all occurrences of hostility or prejudice which fall into the category of protected characteristics as either a non-crime hate incident or a hate crime, the protected characteristics are:

• Disability;
• Race including nationality;
• Religion/faith;
• Sexual orientation;
• Transgender;

Essex Police also records sex/gender as a monitored strand.

Essex Police are also free to extend recording practices to other ‘non-monitored strands’ which do not fit into the categories described above. However, officers and staff should apply a reasonable test before doing so, taking into consideration factors such as:

• Prevalence within a community;
• Impact/ community concerns;
• Emerging as a county, regional or national issue;
• An enduring and/or historical intolerance of a particular community or group.

The decision to record a hate crime or incident as a non-monitored strand will be taken on a case by case basis and the resulting Athena entry should be endorsed by a supervisor with a rationale of the decision.

Any (notifiable) crime that is reported/disclosed must be recorded accurately onto Athena under the relevant crime classification e.g., racially aggravated public order.

Compliance with this procedure and any governing policy is mandatory.

3.0 Detail the Procedure

3.1 Victims

When dealing with reports of hate crime, all police officers and staff members must:

• Adhere to the obligations under the victims’ code at all times;
• Seek to identify the unique needs of the victim including any areas of vulnerability, and endeavour to meet those needs;
• 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 (see Gender Recognition Act 2004);
• Be aware hate crime has the potential to escalate into a critical incident.

Additional vulnerabilities maybe identified during contact with victims due to age, incapacity, or difficulties with communication. In these circumstances officers and staff should refer to:

• Practice guidance on ‘Achieving Best Evidence Guidance’.
• For those with communication difficulties Witness Care (sharepoint.com)

3.2 Initial Contact

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. Essex Police also encourages and supports reporting via a network of Hate Incident Reporting Centres (HIRCs). It is crucial that the information first gathered from the complainant is as full and accurate as possible.

If attendance is required a STORM incident must be created and the hate tag added.

3.3 Contact Management Command

Contact Management Command (CMC) will ensure the following is carried out:

• The incident is correctly identified as hate crime and the appropriate response given;
• A hate crime incident – not requiring an emergency response - should be graded as a priority response;
• The THRIVE model must be applied and if it is deemed that either a priority response is not appropriate, or initial attendance is not required, the CMC supervisor must endorse the incident with their rationale;
• CMC will always place a hate crime tag on an incident where any person is of the belief that the incident is hate related. This may be the victim, the caller, or the call taker themselves;
• Once tagged as a hate crime, the hate tag will only be deleted by a Hate Crime Officer (HCO). HCOs ONLY review hate incidents which have the hate tag added;
• If no police attendance, the STORM incident is passed to the Assessment & Investigation Centre (see section 3.5);
• STORM incidents - Once on Athena, the STORM incident should be closed and the investigation should be managed on Athena. Unless there is a specific operational reason for the STORM incident to remain open
• STORM incidents are not closed without an Athena reference and hate crime tag.
• Urgent safeguarding requirements should be flagged to the duty CID DS (high risk) or CPT PS (medium/standard) by CMC.

3.4 Attendance at Scene

Officers attending the scene will:

• Respond within the specified timescales, or if unable to do so inform both CMC and the informant;
• Assess the need for any immediate safety measures;
• The attending officer / OIC will be responsible for completing the Risk Assessment, which will be in the form of Athena Risk Assessment.
• Effect arrests, where offenders are identified and it is immediately practicable;
• Provide the victim with a copy of the HC2 Hate Crime Support Booklet if this has not already been sent out by the Assessment & Investigation Centre;
• The officer MUST complete the HC4 investigation template for all hate crime investigations from the very beginning of the investigation/attendance (excluding non-crime hate incidents).

Generate an Athena investigation if appropriate; it will be for the attending officer to obtain sufficient detail for the creation of an Athena investigation. Officers are to make use of Mobile First where possible or contact the Assessment & Investigation Centre, should an Athena investigation be required.

3.5 Assessment & Investigation Centre

The Assessment & Investigation Centre will receive all reports of hate crime. Once the incident has been created on Athena the following action will be taken:

Classify the investigation on Athena, ensuring the appropriate hate crime classification and keywords are included. In the event of a gender based hate crime being reported, ensure the appropriate tag is selected from the tags tab;

Ensure an Athena hate crime radar has been generated and a task sent to ‘Hate Crime HQ’ once a hate classification is added to a crime or a non-crime hate incident. Should a radar task not be generated (i.e., due to being recorded as a gender based hate crime), ensure a “request task” is created and sent to ‘Hate
Crime HQ’ for review;

• Allocate to the Community Policing Team (CPT) for standard or medium risk incidents, or to Criminal Investigation Department (CID) for high risk incidents;
• Reports from online reporting services such as True Vision must be uploaded to the document management section of Athena. Any online report reference number (i.e., true-vision reference etc) should be logged on the ‘tags’ tab under ‘other references’ selecting ‘original crime reference. This allows Athena to be searched using the original online reference number given when the victim first
  made the report;
• All victims of hate crime where safe to do so, are to be sent the HC2 Hate Crime Support Booklet and Victim of crime letter, updating the victim contact log to advise these have been sent.

3.6 Investigation

Officers should be aware of B 0600 Policy - Investigation of Crime.

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

CPT will investigate standard and medium risk hate crimes and non-crime hate incidents. High risk incidents will be investigated by the CID. In addition to serious or high impact offences, high risk investigations may also involve issues of repeat victimisation or vulnerability. The attending officer / allocated OIC will have responsibility for completing the initial risk assessment, which will be in the form of an Athena Risk Assessment.

Once a Hate crime or Hate Incident has been allocated to an OIC it will be the responsibility of the allocating sergeant to complete the following actions:

• Make personal contact with the victim, and let them know the name of the investigating officer;
• Agree with the victim a contact plan in line with the victims’ code;
• Inform the victim of what lines of enquiry have been set;
• Complete an Initial Case Action Plan (ICAP) see section 3.7;
• Update the enquiry log on Athena with the key lines of enquiry. The update should start with the title ‘Initial case action plan’.

The OIC will:

• Ensure the victim is visited in person at the earliest opportunity, unless the victim specifically states they do not want to be seen in person;
• Discuss the safeguarding needs of the victim documenting in the enquiry log what has been considered, offered and any referrals made;
• The OIC will be responsible for completing a Hate Crime Risk Assessment based on the Athena Risk Assessment. The risk grading, rationale and whether a victim is a repeat victim must be audited on the Athena enquiry log;
• Ensure the victim has been provided with a HC2 Hate Crime Support Booklet, and if not already provided by the Assessment & Investigation Centre and audit in the enquiry log;
• Liaise with the HCOs as required;
• The officer MUST complete the HC4 investigation template for all hate crime investigations from the very beginning of the investigation/attendance (excluding non-crime hate incidents).
• Investigating officers must submit mandated form HC4 with any case files submitted to CPS in addition to completing information on the Pre-Charge Decision tab.

3.6.1 Non-Crime Hate Incidents

Not every reported incident is a crime. An initial investigation should take place to determine if it is a hate crime or a non-crime hate incident. Officers and staff must remember that they have limited enforcement powers in circumstances where a non-crime hate incident is recorded. The following should be considered when considering making an approach to a suspect in these circumstances:

• Legitimate exercise of rights and freedom of speech conferred by the Human Rights Act 1988;
• A disproportionate response may increase levels of hostility and tension;
• Non hate crime incidents may be a precursor to more serious or escalating criminal offending;
• Refer parties to victim support where appropriate (victim support will offer support to informants for non-crime hate incidents);
• Consider a strategy for making contact in these circumstances that is proportionate.
• Consider a PREVENT referral if speach could be considered as hateful and could lead to radicalisation.

Officers and staff can find more information on the management of non-crime hate incidents in the College of Policing module on hate crime.

3.7 Recording of Hate Crime including Non-Crime Hate Incidents

All Hate crime will be recorded on Athena. Where there is a crime, as in any case, the crime will be the primary classification. Where there is a non-crime hate incident the hate classification will be the primary classification, please see CoP guidance regarding recording of non crime hate incidents.

Hate crime classifications:

NCI/13 Hate Incident – Racial
NCI/14 Hate Incident – Disability
NCI/15 Hate Incident – Homophobic
NCI/16 Hate Incident – Transgender
NCI/17 Hate Incident – Religious
NCI/17 Hate Incident – Religious - Christian
NCI/17 Hate Incident – Religious - Buddhist
NCI/17 Hate Incident – Religious - Hindu
NCI/17 Hate Incident – Religious - Jewish
NCI/17 Hate Incident – Religious - Muslim
NCI/17 Hate Incident – Religious - Sikh
NCI/17 Hate Incident – Religious – No religion
NCI/17 Hate Incident – Religious – Unknown

3.7.1 Offences Motivated by Sex/Gender

Record crimes and non-crime incidents based upon the victim’s sex/gender as a motivating factor. This should be recorded formally on Athena by Essex Police and should include the appropriate tag below. This will not automatically involve domestic abuse or sexual offences as the recording of hate offences motivated by sex/gender must be the primary motivation of the offender [an example would be an assault against a woman whilst the offender made clear comments about his hatred of women at the time of the assault].

Gender based hate crime and non-crime hate incidents will be ‘tagged on Athena’ as:

• Hate crime [or incident] - Sex and/or Gender Female
• Hate crime [or incident] - Sex and/or Gender Male
• Hate crime [or incident] - Sex and/or Gender Other
• Hate crime [or incident] - Sex and/or Gender Unknown

3.8 Hate Crime Officer (HCO)

The role of the HCO is to:

• Review all STORM incidents with a Hate tag during office hours;
• Safeguard high risk and repeat medium risk victims;
• Complete associated safety planning and manage long-term victim safeguarding;
• Problem identification and solving.
• Review Athena investigations recorded a NCHI to ensure correct recording standards.

3.9 Risk Management Process

• If a hate crime victim has been assessed as high risk, consideration must be given to requesting a Multi-Agency Risk Management Conference with the appropriate partners in order to manage the risk and ensure all relevant information and intelligence is shared;
• If a multi-agency response isn’t considered appropriate or necessary, the rationale must be recorded on Athena by the supervising officer;
• The mechanism and governance for raising any general hate crime cases of concern (i.e., repeat victims of particular vulnerability but not necessarily high risk) is through the local pre-tasking process at which there is representation from Community Safety Partnership colleagues;
• The case(s) should be discussed at the pre-tasking meeting and a decision then made as to whether the case needs to be referred into another group (i.e., a Local Action Group or Local Risk Management Meeting etc);
• Alternatively, it may be considered that a specific hate crime case should be subject of a bespoke Multi-Agency Risk Management Conference and there is always the option of requesting one outside of the tasking process, if a case is considered to be in need of a more time critical response;
• If the police wish to make a referral to another agency or should any other agency wish to make a referral to the police, the Hate Crime Information Sharing Form (HC5) must be completed and sent electronically to the relevant agency, providing relevant information and setting out what action is being requested;
• It is the responsibility of the relevant supervising officer to ensure the referral process is adhered to and the HC5 form must be uploaded into the Document Management section of the Athena case;
• The hate crime section of the tasking document will be populated by the analysts but equally it is the responsibility of CPTs and the HCOs to provide details to the analysts of any cases considered to be in need of a broader discussion or are of specific concern so cases can be highlighted and discussed in a multi-agency environment.

3.10 Strategic Hate Crime Lead

The Strategic Hate Crime Lead provides the overall responsibility for:

• The Force strategic lead on hate crime;
• Policy/procedure formulation and compliance;
• Liaison with other agencies and partners at a county level.

3.11 Prosecution of Offences

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. CPS authority must also be obtained in order to administer a conditional caution for hate crime related offences.

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, transgender or sexual orientation.

There are no statutory provisions that relate to crimes based on hostility towards sex/gender.

4.0 Equality Impact Assessment

• EIA – February 2024

5.0 Risk Assessment

Police officers and staff will 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.

Supervisors and managers conducting operations relating to hate crime are reminded of the need to conduct a risk assessment concerning that operation on Form PERS52.

Generic risk assessments are available from the Health and Safety website, these include:

• Police Duties and Patrolling (includes PCSO)

6.0 Consultation

The following have been consulted during the formulation of this document:

• Unison
• Police Federation
• Essex Diversity and Inclusion Manager
• Health & Safety
• Strategic Change Team
• PSD Superintendent
• Policy/Risk
• Superintendents Association
• C&PP Command
• LPA Supts
• Contact Management Command (CMC)
• Assessment & Investigation Centre
• Strategic Lead and Owner

7.0 Monitoring and Review

This procedure will be reviewed by or on behalf of the Superintendent, Hate Crime Force Lead every 12 months.

This review will be based on new legislation, national manuals of guidance, public enquiries, serious case reviews and recognition of best practice; to ensure this procedure remains accurate and fit for purpose.

8.0 Governing Force policy.

Related Force policies or related procedures

• B 0600 Policy - Investigation of Crime
• D 0401 Procedure – Dealing with Critical Incidents

8.1 Data Security

Essex Police have measures in place to protect the security of data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.2 Retention & Disposal of Records

Essex Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

We will only hold data for as long as necessary for the purposes for which we collected. Victims/public should be reminded that Essex Police take the protection of personal data seriously as described in the privacy notice.

9.0 Other source documents, e.g., legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable)

• Form HC1 – Hate Crime Officers Risk Assessment [Strategic assessment centre only]
• Form HC2 – Hate Crime Support Booklet
• Form HC4 – Hate Crime investigation template [mandatory]
• Form HC5 – Hate Crime Information Sharing Form
• ASB and Hate Crime Knowledge Hub
• College of Policing Authorised Professional Practice – Public Site
• Crime & Disorder Act 1998
• Criminal Justice Act 1988
• Criminal Justice Command Website
• Gender Recognition Act 2004
• Practice Guidance on ‘Achieving Best Evidence’
• Victims Code
• Form PERS52 – Risk Assessment – Operational Orders