Police Scotland apologises to MSP over non-crime hate incident

Police Scotland has apologised “unreservedly” to an MSP over its inconsistent handling of non-crime hate incidents (NCHI).

Conservative MSP Murdo Fraser was given a NCHI in 2023 following a post on X that said “choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat”. He complained that the police treated him differently to other public figures.

When Police Scotland rejected Mr Fraser’s complaints about the NCHI, he asked the Police Investigation and Review Commissioner (PIRC) to carry out a review, which concluded that his complaints weren’t handled “to a reasonable standard”.

Victim-centred

Now, Police Scotland have now apologised to Mr Fraser, admitting that guidelines for NCHIs were “not applied consistently” and that he was treated differently to others.

However, the force insisted that it acted legally in logging an NCHI as it took a “victim-centred approach”.

Guidance at the time stated: “The perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident.”

It claimed Mr Fraser’s social media post “had a real capacity to negatively impact minority communities, in addition to having the potential to influence the actions of others”.

Serious concerns

Mr Fraser thanked the Free Speech Union for supporting him, and said he was “delighted” at the apology.

He added: “It was always clear to me that Police Scotland were not applying their policy on NCHIs in an even-handed fashion, and I had a particular concern that an opposition politician was being treated differently from the SNP first minister.

“I am pleased that this has now been accepted by Police Scotland and that an unreserved apology has been issued.”

The MSP for Mid Scotland and Fife explained that he still has “serious concerns around the whole policy of recording non crime hate incidents”, as they are “too easily weaponised by those with a political agenda.”

He stated: “I may have scored a victory over Police Scotland in relation to one complaint, but I will not rest easy until the whole policy of non-crime hate incidents is scrapped and police resources are instead devoted to tackling real crimes.”

Not a level-playing field

The Scotland Director of the Free Speech Union Fraser Hudghton said: “This is an important win for Murdo. For Police Scotland to acknowledge it isn’t always a level-playing field in the recording of NCHIs or other ‘hate’ allegations is worrying. Issues will arise around public trust as a result.

“One thing which urgently needs addressing is bad actors misusing our ‘perception-based’ reporting system. It means activists can utilise our criminal justice framework to get at opponents.”