It seems logical to assume that police investigations are reserved for criminal offences. However, in the UK, law enforcement agencies have blurred the line between what is unlawful and what is merely disapproved of. While the police are bound by legislation and must operate within the framework of criminal law, they have, in practice, investigated individuals for conduct that falls short of a crime.
A prime example of this is the recording of non-crime hate incidents – entries on police databases concerning behaviour deemed to be offensive or upsetting but not unlawful. These records can be created without any criminal offence having taken place, yet they may still appear on enhanced Disclosure and Barring Service (DBS) checks, potentially affecting employment and other opportunities. The courts have acknowledged the chilling effect this can have on free expression, ruling in Miller v College of Policing (2021) that police intervention in lawful speech must be carefully balanced against fundamental rights.
Beyond hate incidents, the police have also been known to conduct ‘intelligence gathering’ on people who are merely associated with controversial views, lawful protests, or even just reporting misconduct. This ‘intel’ can also be potentially held on the Police National Database (PND) and disclosed on an Enhanced Criminal Record check, should an application for one become necessary.
To find out what type of information is held on the PND, how to access it, how to request a criminal record check, and how to have incorrect information removed or amended, get a copy of Copper Stopper. It is the ultimate guide to protecting yourself from law enforcement and provides clear, accessible guidance on police powers, helping you understand what they can – and cannot – lawfully do.
