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Fair Cop founder in High Court to test College definition of transgender hate crime.

Harry Miller outside the High Court in London 

Date - 20th November 2019
By - Gary Mason

A landmark challenge to College of Policing guidance on hate crime incidents against transgender people is set to be heard by the High Court today.

Former officer Harry Miller is also bringing the case against his old force Humberside Police, who he says contacted him after he retweeted a limerick that was critical of transgenderism.

His case concerns the College of Policing's guidance and its definition of a transgender hate incident, which is "any non-crime incident which is 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".

Mr Miller is the founder of the campaign group Fair Cop, which has raised concerns about what they say are police attempts to criminalise people for expressing opinions that do not contravene any laws.

The group's supporters include Graham Linehan, best known as one of the writers of Irish sitcom Father Ted, who was warned by West Yorkshire Police following an online argument with a transgender activist and was later visited by Northumbria Police for tweeting a video of that activist's appearance on Sky News.

In a statement ahead of the hearing on Wednesday, Mr Miller accused the police of "creating a chilling atmosphere for those who would express a gender critical position".

He said: "The idea that a law-abiding citizen can have their name recorded against a hate incident on a crime report when there was neither hate nor crime undermines principles of justice, free expression, democracy and common sense.

"We are particularly worried at the way women are being prevented from discussing the impact of gender ideology - such as proposed changes to the Gender Recognition Act - upon their hard-won rights to sex-segregated spaces and opportunities.

"Transgender activists are using intimidatory and hateful tactics to shut down debate, not just online but in the real world."

His solicitor Paul Conrathe, from Sinclairslaw, said: "The judicial review is a landmark case.

"The courts have consistently recognised that freedom of expression is a fundamental right and a foundational component of democratic society, and we see it as completely unacceptable for the police to use their powers to regulate speech on matters of important public debate."

The hearing before Mr Justice Julian Knowles is expected to last for two days.

Last month The College of Policing launched a public consultation on a number of suggested changes to its Operational Hate Crime Guidance which is five years old.

The proposed changes clarify the advice to police officers and staff when responding to non-crime hate incidents to balance the police response and the rights and freedoms of individuals under the Human Rights Act.

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Agree with him. By all means record the incident but why record the ‘offenders’ details when they’ve committed nor are even accused of no criminal offences