Overlay · Hate incident (below crime)

Hate incident (below crime)

The purest creep mechanism: the sticker applies with no crime, no prosecutor, and (until Miller / the 2023 Code) perception-based recording. Once a below-crime record exists, any classification on the list can be filed without Brandenburg, without s.1, and without Title VI. Reform is happening. Abolition is Unproven.

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Supported

England and Wales: Non-Crime Hate Incidents Code of Practice (June 2023), issued by the Home Secretary. Not a criminal offence. College of Policing / NPCC announced a replacement approach on 31 March 2026; the Home Office would revoke the current Code through the Crime and Policing Bill. Treat the 2023 Code as live until revocation is attached.

Not a speech crime. Not live in the United States as a federal recording duty. Do not speak as if the 2026 replacement has already revoked the Code.

Scope creep without a statute. The recording layer under the overlay.

Creep row

Classification by sector. Live means a quoted instrument. Architecture means the statute already covers the sector. Unproven means no pack.
Overlay	Criminal speechDirect offence	EducationSchools / campus	EmploymentWorkplace duty	PlatformsOSA / DSA / duty of care	Other fundedHousing, health, transit	ImmigrationStatus bar	Police recordingBelow-crime incidents	ProgrammePrevent / exchanges
Hate incident (below crime)	Not this form	Unproven	Unproven	Unproven	Not this form	Not this form	Live, cited	Pointed, not quoted

Live, cited
Documented hop
Architecture only
Pointed, not quoted
Not this form
Unproven

This is a pattern grid over cited instruments, not a completed worldwide fact. Hover a cell where a note exists. Open a sticker for the quoted clause.

Criminal speech · Not this form
By definition not a crime. That is the creep. Not a listed-speech offence.
Police recording · Live, cited
2023 Code is live. College/NPCC 31 Mar 2026 announced replacement. Crime and Policing Bill would revoke. Revocation Unproven. Below-crime recording is not a listed-speech offence, and not capture of the criminal sector.

Cited venues for this sticker

8 venues with a cited mark. Open a region, then a country. Unproven cells stay off this list. A dash is a cited finding that this form is not the quoted law.

Crime — criminal speech or hate offence, cited
Duty — institutional / funding / platform duty
Def. — working definition imported
Prog. — programme, not a statute
— not this form

Quoted clauses

Also in the matrix

Live official manualSupportedUKHate incident (below crime)

Home Secretary’s Code — in force June 2023

Non-Crime Hate Incidents: Code of Practice on the Recording and Retention of Personal Data

Target: Incidents perceived as motivated by hostility or prejudice that are not crimes. Particular characteristics: race, religion, sexual orientation, disability, transgender identity
Test: Personal data of the subject should be recorded only if the incident presents a real risk of significant harm to individuals or groups with a particular characteristic, or a real risk of a future criminal offence against them. Perception-based recording was the pre-Miller default; the 2023 Code raised the threshold.
Max: n/a — not a criminal offence. Record, not charge.