The Miller’s Tale continues: A second victory for freedom of expression
The Queen on the application of Harry Miller (Appellant) v The College of Policing (Respondent)
On 20 December 2021, the Court of Appeal (Dame Victoria Sharp P giving the judgment of the Court) held that certain parts of the College of Policing’s ‘Hate Crime Operational Guidance’ (“HCOG”) were contrary to Article 10 of the European Convention on Human Rights (“ECHR”).
The policy in question was that non-crime hate incidents were required to be recorded by police as such (against the named person allegedly responsible) if the incident is subjectively perceived by the “victim or any other person to be motivated by a hostility or prejudice against a person who is transgender or perceived to be transgender” and irrespective of any evidence of the “hate” element.
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The comments made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.