Police must use common sense to decide what is a crime and what’s offensive, the policing watchdog Sir Andy Cooke has told Sky News.
Doing so would help lift continuing low public confidence in the police, which he said had dropped markedly in the past five years.
He hit out after the wide condemnation of comedy writer Graham Linehan’s arrest, publicly, by five armed officers for tweeting messages about trans issues, which allegedly incited violence.
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Graham Linehan arrested at Heathrow
Sir Andy, the chief inspector of constabulary, said: “For me, non-crime hate incidents are no longer required, and they can be dealt with differently.
“I’m not saying it’s not wrong to actually use that language, but is it a criminal offence that needs to be dealt with by the police, or can the police deal with it differently through using it as intelligence?”
He also questioned, like other police leaders, whether the laws governing social media were relevant today and should be updated.
“It’s really difficult for policing to deal with the social media issues that we see now,” he added. “But there’s always discretion and common sense that needs to be used as well.
“We need to get that balance, we need to decide what is offensive and what is criminal.”
Image: Sir Andy Cooke speaking to Martin Brunt
Non-crime hate incidents are used by police to gather intelligence on increasing tensions, with the aim of spotting any signs of future violence or unrest.
Sir Andy defended officers who made mass arrests of peaceful protestors supporting Palestine Action, the group recently designated a terrorist organisation.
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Arrests at Palestine Action protest nears 900
“That decision has been made by the government,” Sir Andy said. “Policing needs to identify the best way to deal with that, which is an operational issue for the relevant commissioner or chief constable.
“It’s a major public order issue.”
While he acknowledged most are not protesting violently, he said “it’s still a massive issue for the people of those cities where these protests are taking place, and the law is quite clear in relation to proscription”.
“It is a serious offence,” he said.
‘Once-in-a-lifetime opportunity’ to reform policing
Sir Andy was speaking ahead of the launch of his annual assessment of the state of policing in England and Wales.
In his report, the former chief constable of Merseyside called for adequate funding to achieve government aims that include boosting neighbourhood policing, reducing knife crime and halving offences against women and girls.
Sir Andy said: “This is a once-in-a-lifetime opportunity to actually start that reform that policing needs, and it will be a missed opportunity if it’s not properly funded from the start.”
The National Police Chiefs Council has identified a £1.3bn shortfall in police funding over the next two years.
Sir Andy said there were difficulties in hiring chief constables, with some job adverts attracting only one candidate and not always the right candidate.
He also said that the much-needed recruitment of 20,000 rank-and-file officers over the past few years had happened too quickly and left forces with an average of more than one-third of staff with less than five years’ experience.
Immigration and asylum is back as the top issue of public concern the first time since Brexit, according to exclusive polling for Sky News.
It overtook the economy as the number one issue facing the country in YouGov’s latest poll in May, even before the summer dominated by the migration debate.
It is now at the highest point level of concern in over five years, since the small boats started crossing the Channel in significant numbers.
In the most recent YouGov poll, 58% picked immigration as one of the three top issues facing the country at the moment, while 51% pointed to the economy, 29% health and 22% crime.
The overwhelming majority of the public think this is because immigration is too high, with 70% saying this, 18% saying it’s about right, and 3% saying it is too low.
For decades, until very recently, successive prime ministers and chancellors have told voters that migration is a public good, but the public has not bought this argument.
Some 50% think immigration is having a negative impact on the UK, with 22% saying the benefits are equally weighed and 22% also saying that it has a positive effect.
The exclusive polling also reveals whether the public think other governments would be better at dealing with migration and small boats than Labour are.
Less than one in five – just 18% – think a Tory government would be doing much better, with 55% thinking they would be the same and 12% worse.
The more hardline approach outlined by Reform UK appears to have be noticed by the public. Some 40% think a Reform government would be handling migration and small boats better, and 26% the same, with 19% worse.
YouGov interviewed 2,268 GB adults between 31 August and 1 September.
I ask Ross, 27, if the flying of the flags is timed to coincide with concerns about immigration.
“Yes,” he replies. “My personal stance on it is, yes, this is us saying ‘you’re in our country’, right?
“This is what we stand for, you bow to this flag how we do, right, and you shouldn’t be doing illegal things, and for example, raping the women and committing crimes, which we don’t agree with.”
Image: Ross says there’s nothing wrong with being patriotic
He tells me some of the handful of people he’s with went to the same school as him. But Octavia, the only woman in their group, only met them recently.
“She bumped into us the other day, and now she’s a full-fledged flagger,” Ross says.
Octavia, 27, lifts her jumper to reveal she’s wearing an England flag dress.
“I saw him putting up the flags and I genuinely wondered why,” she says.
“He kind of explained to me, like, we’re protecting people of Britain, we are spreading awareness, that is literally all, and I was really happy to get involved”.
Image: Octavia says she was happy to get involved
As the next flag is being put up, a man walks past and breaks into song.
“No surrender, no surrender, no surrender to the boats coming over,” he sings.
Ross, filming him, thanks him for his “performance”.
Many opinions but few solutions for debate that crosses dividing lines
Over the course of an evening in Lichfield, we struggled to find anyone who didn’t have an opinion on the flags appearing around the town.
Yet we did find people who were reticent to speak on camera, particularly those opposed to the flags being there.
This is a town where around 93% of residents were born in England, according to the census in 2021.
Unlike many British towns and cities, there is little visible evidence of the mass migration this country has experienced in recent decades.
Octavia, the newest recruit to the group of “flaggers” we met, grew up in Leicester, where just under 58% of people were born in England.
After meeting people opposed to the flags in Lichfield, she told me “they’re wealthy, they live in a nice area, they don’t actually have to go through the struggles that everybody else does”.
She then revealed her opposition to migrant hotels is in part because she was once at risk of homelessness and didn’t get state support.
But from what we saw, it would be wrong to conclude that there are obvious dividing lines in this debate.
On both sides, there were people from a range of different backgrounds, young and old.
Some see a display of pure patriotism. To others, it’s blatant nationalism that has to stop.
But in these uneasy times, the removal of any flags has been seized on as a political act that has sparked anger in communities.
A woman sees it all happen and tells us her husband has written to the council to ask for the flags to be removed.
She’s unhappy about how it may make the town feel for some people.
But she doesn’t want to go on camera – or even have her words recorded.
Image: Bob says the number of flags going up has become ‘extreme’
I ask Ross about his political views.
He says he doesn’t belong to any party, but he tells me he supports Tommy Robinson – and had been with him the previous evening.
He got the flags they’re putting up from him.
Further down the street, we meet Bob. He’s just out for dinner. We get talking about the flags.
“It’s not a racist thing just to be wanting to look after your people,” Ross tells him.
Bob agrees, but is concerned about why flags are going up now.
“There’s nothing wrong with showing the English flag,” her husband agrees.
It’s hard to find anyone who doesn’t have a view on the flags appearing around the town. We leave Lichfield with a sense that they’re provoking strong feelings on both sides of a very live national debate.
A rape victim was arrested by police as she desperately tried to track down her Tinder attacker who faked his own death and fled the UK, Sky News can reveal.
Warning: This article contains details that some readers may find distressing.
“Elle”, who is retaining her legal right to anonymity, was molested within 15 minutes of meeting James Clacher for the first time.
Speaking exclusively to Sky News, Elle told of how she came “face-to-face with evil” as she described Clacher as a “monster”.
In May 2022, while waiting to stand trial, the former gym boss staged his own death and fled from Scotland to Spain in a bid to evade justice.
Five months later, Elle was arrested at her family home by uniformed officers and later charged in connection with offences under the Communications Act 2003.
The mother was detained in custody for several hours and appeared in court the following month, accused of harassing Clacher’s family.
When questioned by Sky News whether she did harass Clacher’s family, Elle denied the allegation, saying she was “absolutely desperate” for justice.
She said: “I was trying to find where my rapist was.
“I was trying to find where he was, and so I was contacting anybody that I thought might have an awareness of where he could be.”
Image: A CCTV image of Clacher released by police when he went missing. Pic: Police Scotland
During Clacher’s trial at the High Court in Glasgow, jurors heard how Elle had posted messages on Facebook and contacted his family and friends, accusing him of being a “rapist” and them of “supporting a rapist”.
It is understood the messages went as far back as November 2020, before he disappeared. The Crown Office and Procurator Fiscal Service (COPFS) later dropped the case.
Speaking about her treatment by Police Scotland, Elle said: “I think it is an utter disgrace what they did to me.”
Elle is now considering lodging a complaint.
She said: “I have something ongoing.”
When asked about Elle’s arrest in October 2022, Police Scotland confirmed she was charged in connection with offences under the Communications Act 2003 and a report was submitted to the procurator fiscal.
Scottish Tory leader Russell Findlay, the MSP for West Scotland, provided support to Elle after she was arrested.
He told Sky News: “For a rape victim to be arrested, charged and threatened with criminal prosecution in connection with the fake disappearance of her attacker is shocking and concerning.
“When I first spoke with Elle, she was understandably worried and confused about the risk of prosecution.
“Having been proven to be entirely correct about this rapist’s disappearing act, she has shown incredible resilience to secure justice.
“I was happy to provide the Crown Office with these critical background details and was relieved when common sense prevailed, with the threat of prosecution being dropped.
“Her horrific ordeal is further evidence of how crime victims are so often badly treated by the Scottish justice system, contrary to the frequent PR platitudes of SNP politicians.”
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10:08
Sky’s Connor Gillies traced Clacher’s steps to Spain
Clacher raped Elle at her home in Troon, South Ayrshire, on 24 August 2019.
Elle said moments after telling her Tinder date to “make himself comfortable” while she finished getting ready for their night out, she was pushed against a wall and brutally assaulted.
She was then further abused after being pushed upstairs while in a state of “shock”.
Elle said: “I don’t even know what was going through my mind – everything just left. I just remember shaking and crying and saying, ‘I don’t want to do this and I don’t like this’.
“And he just ignored me.”
Image: An image of Clacher released by police when he went missing. Pic: Police Scotland
Elle spoke to police following her attack, but did not make an official complaint until she discovered he had raped a second woman he had met on dating app Bumble in Glasgow in 2020.
Elle said she was forced to accept that Clacher was a “monster” who was “choosing to hurt women”.
She said: “Oh, he’s an absolute fiend. He’s a monster. I came face-to-face with evil that day, but it took me a long time to realise it.
“It wasn’t until I’d heard that he had done it to someone else that I really had to confront it.”
Clacher disappeared while facing the two rape charges. He vanished on the day he was due to be interviewed by police over two new historical sex offence allegations.
Image: Clacher abandoned his Suzuki Swift at the Loch Long car park and picnic area
Image: Clacher left a suicide note in his car, intimating he intended to take his own life
He abandoned his Suzuki Swift at the Loch Long car park and picnic area in Argyll and Bute, and left a suicide note intimating he intended to take his own life.
Clacher blamed Elle, stating that she “will never stop until I’m dead, or I’m in prison”.
Elle said: “It’s true, yes. I didn’t want him dead – I wanted him caught.”
In November 2023, Sky News received a tip-off from a reader in response to a Police Scotland appeal in the hunt for Clacher.
The information passed on to the force pinpointed the fugitive’s location to the southern Spanish town of Nerja, right down to the Time Sport gym he frequented.
Image: Part of the tip-off sent to Sky News
Six months later, and almost two years to the day he vanished, Clacher was arrested by the Spanish Civil Guard while working out on a beach in the Costa del Sol town.
He reportedly told a police officer on his extradition flight back to Scotland that he “survived on berries and puddle water” in the wild while initially on the run.
Image: Clacher being arrested in Nerja. Pic: Spanish Civil Guard
Image: Pic: Spanish Civil Guard
Image: Pic: Spanish Civil Guard
On his fake suicide, Elle said: “I didn’t believe that he was dead at all.
“I just believe that he was too arrogant and too cocky to think that he would ever be caught.”
Image: Sky News visited Nerja ahead of Clacher’s trial
Sky News visited Nerja ahead of Clacher’s trial.
Clacher, who went by the alias “Johnny Wilson”, was said to have been in a relationship with a local woman, was employed as a gardener at a residential complex, and earned extra cash by running yoga classes on the beach.
Image: The apartment complex where Clacher worked as a gardener
Image: Clacher regularly worked out at the Time Sport gym in Nerja
Elle said she “wasn’t really surprised” Clacher managed to embed himself in the Nerja community “because he does have that charm”.
On his arrest abroad, Elle said: “It was a huge relief because those two years he was missing all I could think was, ‘who else has he hurt?’
“That was one of the strongest motivations for me to have him found.”
Image: Clacher was arrested while working out on this gym apparatus in Nerja
Discussing how the attack has changed her life, Elle said: “It’s affected my life in so many ways.”
The anxious mother has erected a 6ft fence and gate around her house and has installed CCTV. She also remains on medication to help stave off panic attacks.
She added: “I barely leave my house. And it’s made some relationships difficult.”
While giving evidence at Clacher’s trial, Elle told jurors that she did not flee from her home following the rape attack in fear her “son might not have a mother right now”.
She told Sky News there was a “possibility” she could have been murdered.
Elle does not believe she is Clacher’s first victim and suspects there are others out there.
She said: “It was so quick, it was something that I knew that this was something he was extremely proficient in.”
When asked about how she can move on from the brutal attack, Elle said: “I don’t know yet. I’m still trying to work through that.”