The WLR Daily case summaries
[2022] WLR(D) 55
Court of Appeal
Regina (Miller) v College of Policing
[2021] EWCA Civ 1926
2021 March 9, 10; Dec 20
Dame Victoria Sharp P, Simler, Haddon-Cave LJJ
Police— Powers— Retention of personal information— Freedom of expression— Police policy requiring non-crime hate incident to be recorded against “suspect” on basis of subjective perception of “victim” absent evidence of objective element of hate— Non-crime hate incident recorded against individual who published untargeted gender-critical political views on internet— Whether police policy on perception-based recording amounting to interference with individual’s right to freedom of expression— Whether policy prescribed by law— Whether proportionate— Whether any common law principle protecting freedom of speech—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 10