The fundamental problem with the Hate Crimes Guidance is the very wide and woolly definition of ‘hate’.

It includes ‘resentment’ and ‘unfriendliness’.

These emotions are normal. They don’t escalate into crime. They are nothing to do with the police.
We will continue to express our contempt for those individuals and organisations who deny science, reality and the law.

Record us on whatever data base you wish.
Of course people need to be protected against harm. There are already many laws in existence to protect against assault or harassment. Or theft!
Why does everything have to be reframed as ‘hate’? The inevitable conclusion is because it’s easier. Hate incidents can simply be recorded without investigation or even cursory challenge. Stats go up, no need to even leave your desk.
Another serious problem is the growth of ‘protected characteristics’ that defy any definition.

Ask the next police officer you meet to define ‘gender identity’ for you.

Let’s collect the 100s of different responses you will get.
Mr Justice Knowles recognised this problem - calling for the police to exercise ‘common sense’ and ‘proportionality’ when dealing with ‘hate crime’.

Did they listen? The new Hate Crimes Guidance suggests they didn’t.

We will be commenting in more detail soon.

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More from @WeAreFairCop

12 Oct
Meet @OpenClasp

Open Clasp are a women's theatre group based in the north of England.

From their website: "Our aim is to Change the World, One Play at a Time by placing theatre at the heart of transforming the lives of disadvantage (sic) women* and girls.*"

[our asterisks]
"We make truthful, risk-taking and award-winning theatre informed by the lived experiences of women* disenfranchised in theatre and society, those from minority communities and women* affected by the criminal justice system."
"Our women*-centred practice collaborates..." cont.d
"... with women* to draw out their collective voices and shine a light on their experiences.

We create powerful professional theatre and perform to wide-ranging audiences. We encourage our audiences to walk in the shoes of the women* and make space for debate." [hollow laugh]
Read 12 tweets
9 Oct
We have been asked to clarify what the process of judicial review is and what the consequences are.

First - there is a basic distinction between civil and criminal law. A ‘trial’ usually means a criminal case. If it’s civil we say ‘hearing’.
Criminal cases are almost always bought by the State against an individual. Private prosecutions are very, very rare. The standard of proof is very high as conviction can lead to loss of liberty.

Judicial review is a civil remedy.
It’s a mechanism to get the courts to decide if a ‘public body’ has acted lawfully. It doesn’t look at the merits of the decision or failure to act but it questions the decision making process. Was it rational? Was it reasonable?
Read 13 tweets
8 Oct
This is really troubling. It shows just how the rule of law is being attacked by those who wish to prop up an ideology which finds no support in law or fact.

This is a clear allegation of judicial corruption.
We are not entirely sure WHY Mermaids and Stonewall’s efforts to intervene were rejected. One possibility is that they simply left it too late and missed the deadline. Which is interesting if true.
Because it raises the suspicion that this was done deliberately - knowing their arguments could not sustain even a few moments scrutiny, they can now push a narrative that they have been unfairly shut out.
Read 5 tweets
3 Oct
This is what you helped do @Humberbeat You turned ‘Jenni Murray’ from a Dame into a pejorative. Great job @CCLeeFreeman and see you in court @CollegeofPolice
The mere mention of the name Jenni Murray is classed by @Humberbeat as ‘hate designed to cause distress to the trans community...’ and may result in a Hate Incident.
When we asked @HumbersidePCC (Keith Hunter) to intervene, he laughed, mocked and blocked, describing the upset as fun.
Read 6 tweets
2 Oct
What other legislation do we intend to "exceed"?

Laws are worded (usually very explicitly) for a very good reason.
It is unacceptable to shoehorn in an extra term to the *guidance* of a law when the legislation itself doesn't say that thing.

Why are organisations proudly breaking the law?

Labour said they were "ahead of the law".
Police cannot *exceed* speeding or drink driving laws, to below the limits.

We cannot pretend their is a tenth protected characteristics of, say, Ginger.

Imagine if we could just change the law to suit our own goals.

Ridiculous.
Read 4 tweets
23 Sep
Law Commission now recommend ‘hate crimes’ extend to protect women.

First, we must see your definition of ‘woman’.

bbc.co.uk/news/amp/uk-po… Image
Because if you won’t define ‘woman’ or repeat the mantra ‘TWAW’ then what we are going to see is more women reported to the police for ‘hate’ for stating that their sex is real.
The laws dealing with harassment and abuse need urgent reform - they all predate the rise of the internet. We need creative thinking about how to investigate these offences - why not more use of civilian investigation teams?
Read 9 tweets

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