Non-crime hate incidents guidance needs to be urgently changed because officers are “not the thought police”, the shadow home secretary has said.
Chris Philp told a major policing conference that the police should “apply common sense and not waste time and resources” investigating incidents unless there is “an imminent risk of criminality”.
He said forces should be “concentrating on investigating and preventing crime”.
Mr Philp was policing minister when the code of practice for non-crime hate incidents was introduced in 2023.
But he called on the government to “urgently” ensure the guidance is “rewritten and updated urgently”, using legislation if needed.
Speaking at the National Police Chiefs’ Council conference, Mr Philp added: “Offensive speech is not the same as illegal speech.
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“The police are not here to police thought. You are not the thought police.
“Non-crime hate investigations should not trespass upon free speech.
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“They should not be directed at nine-year-old children involved in playground spats, as reported in The Times last week, or journalists discussing trans issues such as Julie Bindel.”
Image: Shadow home secretary Chris Philp
Last week, The Times reported police forces recorded incidents where a nine-year-old girl called a classmate a “retard”, and two secondary school girls said another pupil smelt “like fish”.
Feminist writer Julie Bindel last week said she was visited by police after one of her tweets was “reported by a transgender man” from the Netherlands.
She said the incident happened in 2019 and the officers “left looking a little bewildered”, with the investigation dropped the next day.
How police deal with non-crime hate incidents has been in the headlines over the past fortnight after Telegraph columnist Allison Pearson said she was visited by officers to arrange an interview about a year-old tweet.
Essex Police later said the interview was about a potential allegation of incitement to racial hatred online.
Home Secretary Yvette Cooper said officers should use a “common sense and consistent approach” to recording such incidents.
David Lammy has confirmed there will be an independent investigation into the accidental release of a migrant jailed for sex offences, as he blamed “human error” for the incident.
The deputy prime minister and justice secretary told MPs he was “livid” on behalf of Hadush Kebatu’s victims and he would be deported back to Ethiopia “as quickly as possible”.
Kebatu, who was found guilty in September of sexually assaulting a 14-year-old girl and a woman in Epping, was freed in error from HMP Chelmsford in Essex on Friday instead of being handed over to immigration officials for deportation.
Image: Migrant sex offender found and arrested after manhunt
His accidental release sparked widespread alarm and a manhunt that resulted in him being found and arrested by the Metropolitan Police in the Finsbury Park area of London at around 8.30am on Sunday.
Addressing MPs in the House of Commons, Mr Lammy said the mistake should not have happened as he sought to lay part of the blame on to the Conservatives over the state of the prison system over the past 14 years.
He said “there must and there will be accountability” for the mistaken release of Kebatu from prison.
“I’ve been clear from the outset that a mistake of this nature is unacceptable,” he said.
“We must get to the bottom of what happened and take immediate action to try and prevent similar releases in error to protect the public from harm.”
Mr Lammy said he ordered an “urgent review” into the checks that take place when an offender is released from prison, and new safeguards have been added that amount to the “strongest release checks that have ever been in place”.
The justice secretary said the investigation would be led by former Metropolitan Police deputy commissioner Dame Lynne Owens, who also used to lead the National Crime Agency.
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Witness describes confusion outside prison
He also said the investigation would have the same status as high-profile probes into other prison incidents, including the attack on three prison officers at HMP Franklin in April of this year and the escape of Daniel Khalife from HMP Wandsworth in 2023.
‘Calamity Lammy’
Shadow justice secretary Robert Jenrick referred to a report by Sky News which detailed how a witness present at the prison observed Kebatu appearing “confused” upon his release.
The witness said Kebatu had in fact tried to go back into the prison several times, but was instead guided to Chelmsford station, where he caught a train to London.
Mr Jenrick claimed the case was proof “the only illegal migrants this government are stopping are those that actually want to leave the UK”.
“Dear oh dear,” he said. “Where to begin? This justice secretary could not deport the only small boat migrant who wanted – no – who tried to be deported.
“Having been mistakenly released, Hadush Kebatu came back to prison asking to be deported not once, not twice, but five times, but he was turned away.”
He went on: “The only illegal migrants this government are stopping are those that actually want to leave the UK.
“His officials, briefing the press, called it the mother of all – yeah, they’re not wrong, are they?”
Mr Jenrick, who served as immigration minister under the previous Conservative government, branded his opposite number “calamity Lammy”.
“It’s a national embarrassment and today the justice secretary feigns anger at what happened.”
Continuing with his attack, Mr Jenrick asked Mr Lammy whether he would resign if Kebatu was not deported “by the end of the week” – to which he received no reply.
But asked later by an MP whether he was considering his position, Mr Lammy replied: “A ridiculous question, the answer is no.”
The new checks announced by Mr Lammy on Monday involve five pages of instructions and require more senior prison staff to sign off a release, according to documents obtained by Sky News.