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Hate Crimes and Incidents
Contents
Flowchart – Hate Incident (Crime/Non-Crime) Investigation ..................................................... 2
Policy Statement ......................................................................................................................... 3
Principles ..................................................................................................................................... 3
Responsibilities ............................................................................................................................ 5
Customer Contact Centre (CCC) .............................................................................. 5
Public Enquiry Counter (PEC) or Officer Report ...................................................... 5
District Control Room (DCR) / Hub (DCH)................................................................ 5
Attending Officer ..................................................................................................... 6
Force Crime Management Unit (FCMU) .................................................................. 7
Investigating Officer................................................................................................. 7
Duty Supervisor/Sergeant ....................................................................................... 8
Hate Crime Co-ordinator ......................................................................................... 9
Duty/Partnership Inspector ..................................................................................... 9
Additional Information .............................................................................................................. 10
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Flowchart – Hate Incident (Crime/Non-Crime) Investigation
Key:
CCC receives Hate crime/non-crime report (on-
line/phone in /third party or partner agency). A STORM
log is created and like when a PEC or Officer receives
Hate crime /non-crime report and they make a crime
recording decision by recording a NICHE incident (crime
or non-crime).
• Officers (Initial to Investigation)
• Duty Supervisor/Sergeant
• Hate Crime Co-ordinator
• Finalisation Team
DCR assesses and allocates
• Other
resource attendance.
ATTENDING OFFICER updates NICHE incident
using Recording Standards and sends NICHE tasks.
Workflow Hate NON-CRIME
Workflow Hate CRIME
FCMU review, allocation of a hate
crime and completes bespoke
Investigation Plan. OR
By exception, review and finalise,
task to District Hate Co-Ordinator
Mailbox.
Allocation to District and
INVESTIGATING OFFICER
identified.
During investigation record Victim
Personal Statement and any Special
Measures required.
When investigation complete,
Officer sends Niche Task to their
Sergeant asking for finalisation.
Victim must be updated.
DCR / Hub re-priorities
resource attendance.
Tasks to District Hate
Co-ordinator Mail box.
HATE
CO-ORDINATOR
Reviews crime / noncrime (NCRS).
Provides support and
referral for victim
/witness needs or
Investigating Officer.
Update OEL with
additional/supportive
information.
Considers further
engagement or
partner opportunities
based on vulnerability
and circumstances.
Allocation to District and
INVESTIGATING (WARD) OFFICER
identified.
During investigation record Victim
Personal Statement and any Special
Measures required.
Officer sends niche task to their
Sergeant with appropriate outcome
code and asking for finalisation.
Victim must be updated.
Officer’s SERGEANT supervises and quality assures the investigation at least every 10
days and will not cancel any tasks to Hate Co-ordinator. Upon completion, reviews
investigation, ensures appropriate outcome code and VCOPs compliance.
For Hate CRIME sends Niche task for finalisation. Sergeant to finalise Hate NON-CRIME.
FINALISATION TEAM to file.
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Policy Statement
Summary
West Yorkshire Police (WYP) takes all hate crimes and incidents seriously as
this type of crime/incident can have an adverse and enormous effect on the
victim, family members and the wider community. Failure to respond
correctly to a victim can have a significant impact on future community
relations and affect our ability to develop community intelligence. WYP,
therefore encourages and supports partnership engagement and action.
For all hate crimes we will investigate each occurrence thoroughly to
determine the appropriate action according to the circumstances.
All police officers and police staff will respond to hate crime and hate
incidents in a positive, sympathetic and professional manner.
Hate crimes and incidents can escalate to critical incidents and they should
be considered within this context.
Scope
This policy applies to all police officers, special constables and police staff.
Principles
Equality Act
2010 General
Duty
• The general equality duty under the Equality Act 2010 means public
authorities and police forces must, in exercising their functions,
demonstrate ‘due regard’ to the need to:
o Eliminate unlawful discrimination, harassment and victimisation and
other conduct prohibited by the Act;
o Advance equality of opportunity between people who share a protected
characteristic and those who don’t; and
o Foster good relations between people who share a protected
characteristic and those who don’t.
• The hate crime/incident definition refers to a person’s characteristic
(disability, race, religion, sexual orientation, or transgender identity)
however this does not mean that crimes or incidents that are perceived or
are motivated by hostility of other personal characteristics cannot happen
and therefore must be recorded.
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Recording
• For recording purposes, the perception of the victim, or any other person
is the defining factor in recognising the ‘hostility’ or ‘prejudice’ element of
a hate crime or non-crime incident.
• The victim(s) or witness(s) does not have to justify or evident their belief
and it is important that their perception is not directly challenged by police
officers or staff.
• Hate crime or non-crime incidents must be recorded on Niche against the
Hate Recording Standards, compliant with Home Office Counting Rules.
• All hate must be recorded as either a hate crime or non-crime incident on
Niche, except where a complaint is reported against a police officer,
special constable or member of staff involving a hate element. If there is:
o An allegation of discrimination, then the member of the public must raise
a public complaint which will be severity assessed by the Professional
Standards Department (PSD) and investigated following the Public
Complaints policy; or
o An allegation of bullying or harassment within the workplace must be
raised through the formal Staff Resolution policy process.
o An allegation of a recordable conduct matter which constitutes a
criminal offence or discriminatory behaviour is liable to misconduct
proceedings via the Police (Performance) Regulations or Discipline Police Staff policy.
• Cyber-enabled hate crime or non-crime incident where a person perceives
to be a victim (such as, complaints regarding inappropriate or offensive
content of websites, chat rooms, newsgroups, unsolicited emails or text
messages sent on mobile phones to the person) must be recorded in
compliance with Home Office Counting Rules.
o If an allegation is not a crime, it must be recorded as a hate non-crime,
and the victim can then be encouraged to contact the internet host
themselves to request removal of the material/ content.
o If the allegation is a crime, the crime must be recorded by the force
where the crime is committed, if known. The nature of the internet
means that often this location is not known until after the investigation
has been undertaken. If the location of the offence is unclear, a reported
crime should be recorded in the area where the complainant resides. If
out of force area, the transfer procedure to comply with
Home Office Counting Rules must be used.
Critical Incident
• Depending on the level of severity of any individual hate crime/incident
and the impact that it may have on the individual or wider community the
incident may be declared a ‘critical incident’ and the procedure in the
force policy must be adhered to.
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Responsibilities
Customer Contact Centre (CCC)
Responsibilities
To assist their grading decision and the officers dealing, call handlers are
responsible for:
• Completing questions sets with the caller to establish if they are defined as
a ‘vulnerable’ or a repeat victim and link the call to a STORM log ensuring
the immediate safety of the victim(s) and their family or witnesses. Where
possible obtain and quote exact words spoken;
• Selecting an appropriate ‘Hate’ STORM opening code;
• Appropriately grade the STORM call log. The onus should be on emergency
or priority attendance but there may be circumstances where standard or
appointment grading is suitable;
• Reporting any serious hate crime/incident to Force Duty Officer (FSUP);
• Recording a Niche hate crime or non-crime incident which has been
reported and task to DCR (use Recording Guidance for CCC); and
• Recording similarly, a report which is received via on-line.
Public Enquiry Counter (PEC) or Officer Report
Responsibilities
The Public Enquiry Counter (PEC) team or officer who directly receives the
report from a member of the public are responsible for:
• Recording a Niche hate crime or non-crime incident which has been
reported and task to DCR (use Recording Guidance for CCC).
District Control Room (DCR) / Hub (DCH)
Responsibilities
District Control Hub (DCH) /Room (DCR) staff/officers are responsible for
assessment and allocation of the reported incident or crime by:
• Consulting police systems to gather intelligence and research the
background of the victim, suspect and scene;
• Checking the name and address of the victim and gaining as much detail
from the STORM log;
• Ensuring that the DCH/DCR Commander (i.e. Inspector) or other
supervisors as appropriate are made aware as soon as possible of any
incoming incident or crime of ‘hate’ nature and/or flagged as potentially
critical;
• Ensuring wherever possible, the incident or crime is attended by Officer(s)
within the target timescale. Where there are any issues, raise this with
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DCH supervision and ensure the victim/caller is re-contacted to manage
their expectations. Hate STORM logs must have a closing code and should
not be resolved without deployment; and
• Conveying the nature and details of the incident to the Attending Officer
including any relevant previous history or other information held on police
systems.
Attending Officer
Responsibilities
Attending Officers are responsible for:
• Obtaining information about previous crimes/incidents which may or may
not be ‘hate’ related;
• Seeking to reduce repeat victimisation or historical issues. Occurrence
Enquiry Log (OEL) must be updated with repeat victim/vulnerability
status), identifying and assessing vulnerability (considering and recording
additional support for cultural considerations, foreign and non-spoken
languages or other access needs), request for necessary ‘special measures’
and also any possible community tensions;
• Obtaining a full and detailed statement (exact words spoken, perception of
hostility or prejudice towards the victim). If this is not immediately possible
consider other options that may assist with the recording of a first account
and securing best evidence. Do not disclose information regarding the
victim’s sexuality or transgender identity which must be treated in strictest
confidence and not disclosed to family or friends without their permission;
• Implementing immediately any measures that will ensure the victims
safety and confidence by setting a victims contract (VCOPS);
• Seeking the consent of the victim to refer them to other agencies or
networks and provide them with contact details, if available;
• Ensuring the recording on Niche as a hate crime or non-crime incident is
correct to the Hate Recording Standards by selecting appropriate
categories, sub-categories for faith and disability and the victims selfdefined ethnicity/nationality and religion, if relevant;
• Ensuring the hate crime/incident Modus Operandi (MO) is generated and
makes reference to the ‘hate’ element, e.g. exact words spoken. If a crime
or incident is motivated by hostility or hatred of other personal
characteristics not within the definition, these should be recorded as free
text in the Niche occurrence F3 summary field, e.g. ‘Hate-Goth’;
• Generating a task on Niche for all Hate crimes and non-crimes to the
District Hate Co-ordinator mailbox; and
• Generating, for hate crimes only, a task on Niche to the Force Crime
Management Unit (FCMU) for assessment and allocation.
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Force Crime Management Unit (FCMU)
Responsibilities
FCMU is responsible for hate crimes only, by:
• Reviewing each reported hate crime using NDM and the principles of
THRIVE; and
• Making a decision to allocate OR finalise the crime:o Allocation: the OEL will be endorsed with a bespoke investigation plan
providing clear investigative advice and guidance;
o The crime will be allocated to a standardised niche box in District relating
to the ‘Neighbourhood / Patrol’. It is then the responsibility of the
District to identify the appropriate officer in the case and task
accordingly. There may be occasions if the circumstances dictate that a
hate crime may be allocated to CID or a Safeguarding unit.
o Finalisation: the FCMU staff will finalise hate crime after checking the
outcomes code and Victims Code of Practice.
o By exception, for an occasion when a crime is finalised due to noninvestigative opportunities, future engagement opportunities may exist
so will be tasked on Niche to the Hate Co-ordinator.
Investigating Officer
Responsibilities
The allocated Investigating Officer assumes full accountability for all aspects
of the hate crime/incident investigation by continuing to support the victim
until the Officer’s Sergeant has confirmed finalisation, and is responsible for:
• Taking positive police action against all hate crime suspect(s) regardless of
the victim’s wishes, except when consideration of the incident or
antecedent history rational suggests that further police action would have
a potentially serious and negative impact, such as using anonymity of the
victim in any press reporting;
• Continuing to liaise closely with the District Hate Crime Co-ordinator for
support with consideration of utilising a problem-solving occurrence if
required;
• Considering crime prevention needs for the family and home, using the
expertise of the Crime Prevention Officer;
• Explaining the definition and perception element to the victim. Recording
the hate motivation and impact on the victim on the Victim Personal
Statement (MG11 VPS) which may support a sentence uplift caused by
aggravating factors;
• Keeping the victim fully updated about the progress of the investigation, if
possible, by personal visits to increase their feeling of security;
• Interviewing any witnesses and also any alleged offender(s);
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• Liaising directly with CPS on the charging decision or Officer in Charge, if
appropriate;
• Informing the victim immediately after the suspect is released from police
custody and giving reasons for the release;
• Considering if any Special Measures are required for the victim or witness
during the investigation or in a subsequent court hearing, or if Section 23
Criminal Justice Act 1988 or Section 46, Youth, Justice and Criminal
Evidence Act 1999 can be used if the person is in fear or prevented from
giving evidence; and
• Informing the victim of the outcome decision after the investigation has
been finalised.
Duty Supervisor/Sergeant
Responsibilities
Duty Supervisor/sergeants are accountable for monitoring, quality assurance
and direction of the investigation and reviewing prior to finalisation by being
responsible for:
• Determining what further action is required. This may include emergency
referral to other agencies as appropriate (i.e. Victim Support, housing etc.),
seeking discretionary advice or considering further engagement
opportunities by the Hate Co-ordinator or escalation to Duty Inspector;
• Considering the immediate implications on the local community and
identifying potential critical incidents or where these have escalated to
critical incident level, completing a Community Impact Assessment if
required and attend scene if necessary;
• Ensuring that all forensic opportunities are being exploited and providing
advice to the Attending Officer in relation to evidence preservation;
• Ensuring reassurance visits as appropriate;
• Reviewing all hate crimes/incidents at regular intervals (at least every 10
days) and considering placing the occurrence on the 24 hour report;
• Including the CPS action plan, where appropriate, and charging decision in
the OEL where all actions must be completed or have a response; and
• Ensuring prior to the finalisation of any hate crime/non-hate crime
occurrences that:
o The hate crime/incident is correctly recorded against the hate recording
standards and NCRS, self-defined ethnicity and religion where
appropriate;
o The investigation action plan has been followed and updated on OEL;
o The victim has been informed of the investigation outcome; and
• Completing a final review Niche OEL report, indicating the rationale for the
disposal outcome decision; and
• Sending a Niche task to the Finalisation team.
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Hate Crime Co-ordinator
Responsibilities
Hate Crime Co-ordinators are responsible for:
• Providing continued support for victims of hate crimes/incidents by
identifying and engaging with key partner agencies, voluntary sector and
independent Third party reporting centres to initiate appropriate
interventions;
• Being the district Single Point of Contact (SPOC) for supporting and
recording advice on Niche given to Investigating Officers in relation to hate
crimes/incidents and will:
o Focus on providing additional services to the victim through multi-agency
partnership;
o Support officers for correct use of hate standards recording on systems;
o Co-ordinate pro-active operations/activities to target the perpetrators of
hate crime and increase reporting;
o Analyse and monitor all district hate crime/incidents to enhance
community intelligence, highlight good practices or any early
interventions to the Duty Supervisor/Sergeant;
o Prepare anonymised hate case data and support the scrutiny panel
process; and
o Pro-active preventative work and liaison with relevant Partnership
departments in the District and Force area e.g. ASB co-ordinator,
Community Engagement officers; and
• Requesting, by exception, further supervisory attention (i.e. Sgt/Insp) for
any ongoing hate crime/non-crime investigation cases which are not being
progressed effectively. Tasking examples include, investigative
opportunities being missed, evidence not being gathered or victims needs
not fully considered or not being updated frequently enough.
Duty/Partnership Inspector
Responsibilities
Duty/Partnership Inspectors are responsible for:
• The Duty/Partnership Inspector will review cases referred by the Hate
Crime Co-ordinator or Duty Supervisor/ Sergeant and action appropriately;
and
• Monitoring, dip sampling and directing hate crime or incidents, when
required.
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Additional Information
Compliance
This policy complies with the following legislation, policy and guidance:
• APP Investigation
• APP National Decision Model
• The Home Office Counting Rules
• Equality Act 2010
• Criminal Justice and Immigration Act 2008 (section 74)
• The Criminal Justice Act 2003
• Crime and Disorder Act 1998
• Football Offences Act 1991 (section 3)
• Human Rights Act 1998
• DPP Guidance on Conditional Cautioning
• College of Policing Tackling Hate Crime
• Hate Crime Operational Guidance, College of Policing (2014)
• Code of Practice for Victims of Crime
• EHRC guidance on Freedom of Expression
• Staff Resolution policy
• Public Complaints policy
• Discipline - Police Staff policy
Supporting
Information
The supporting information for this policy can be accessed via this link.
Policy Database Administration
Item
Details
Hate Crimes and Incidents
Document title:
Force Performance Improvement Unit
Owner:
Author / Reviewer:
22/11/2016
Date of last review:
Date of next review:
22/11/2018
The Equality and Human Rights Assessment for this policy is held on Force
Registry which can be accessed via this link.
The table below details revision information relating to this document:
Topic title
Date
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