Transgender

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the reaction of The Police to an ex-officer allegedly Trans -more phobic tweets was unlawful, The High Court has ruled.

Harry Miller was visited by Humberside police at work in January of last year.

He was told he had not committed A Crime , but it would be recorded as a non-crime a "hate incident".

The court noted that The Force 's actions were a "disproportionate interference" with His right to freedom of expression.

officers visited Mr. Miller His job And Then spoke on The Phone with him, and he remained with the impression, "that he might be prosecuted, if he tweet more," said a judge.

after the verdict, Mr Miller, from Lincolnshire, said: "This is a turning point for freedom - The Police was wrong to visit them, my job, my false 'check' thinking. "

His lawyer, Paul Conrathe added: "It is not a strong warning not to disturb the local police people, the freedom of speech, the rights in matters of significant controversy. "

'Orwellian society'

Mr justice Julian Knowles said the action of The Police in the case of Mr. Miller, is the site of the work ", because of His political opinion must not be underestimated".

He added: "To do so would be a cardinal of the democratic freedom appreciate.

"In This Country we have never had a Haq, a Gestapo or a Stasi. We have never lived in an Orwellian society. "

Reacting to the ruling, Helen Belcher, of the co-founders of Trans Media Watch , said: "I think that Trans -people are worried it could lead to Open Season on us, because the court did not define, really, what was the threshold for an acceptable speech

"I think it is reinforces the opinion that courts do not understand and are not there to protect Trans people. "

Mr. Miller, 54, has also embarked on a bigger challenge against the legality of the College of Policing guidelines On Hate crimes, which was rejected.

Mr justice Knowles dominated you "serve The Law -legitimate purposes and [are] not disproportionate".

The guidelines define a hate incident as a "non-crime incident that is perceived to be 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 ".

Trans activist Helen Belcher said the decision would subject "worries" of Trans -people

Mr Miller posted a series of tweets between November 2018 and January 2019 about Transgender as part of The Debate on the Reform of the Gender Recognition Act 2004.

In a tweet, Mr Miller wrote: "I was a mammal assigned at birth, but my orientation is fish. Not mis-types for me. "

This tweet was among several others, the Humberside police have been reported as a supposedly Trans -more phobic.

Mr. Miller is a lawyer, Ian wise QC, argued The Force , the answer had tried to "dissuade him from expressing such problems in The Future " and had a "significant deterrent effect" on His right to freedom of expression.

Mr justice Knowles, said Mr. Miller, "a strong prejudice against Transgender people" will be denied, and had regarded himself as a participant in a public debate.

He said, only one person, known in court as Mrs B who complained had The Tweets and they were recorded as a hate incident", without any critical questioning. or any evaluation of whether what you said was right".

The Judge said: "The claimant tweets were legal, and there was not the slightest danger that he twittering of a criminal offense by continuing to.

"I think The Combination of The Police visit to the applicant, place of work, and your following statements in relation to the possibility of law enforcement, were a disproportionate interference with the applicant's right to freedom of expression, because of their potential deterrent effect. "

Analysis

By Clive Coleman , BBC Legal Affairs correspondent

The Police leadership on a non-Hate Crime incidents has been developed, after the murder of The Black teenager Stephen Lawrence in a racist attack in 1993.

His goal is the dealing with hate incidents before they escalate to serious Hate Crime .

Each year, More Than 25,000 of such non-crime hate incidents will be logged by the British police. The masses relating to race and disability.

today's ruling is the work of The Police , such incidents are becoming more and more difficult for The Police . Where a comment or explanation, the limits of free speech and a hate incident left A Crime ?

This can be so much, linguistic, and Ethical Judgment , such as a police decision.

Humberside Police said it accepted the decision of the court, adds: "The mere recording of The Incident from Humberside Police as a hate incident has been ruled as not unlawful and in accordance with the College of Policing (CoP) management.

"Our actions in dealing with The Incident were conducted, in good faith, but we note the comments of the judges and we learn from this incident. "

"Deputy Chief Constable Bernie O'reilly, of the University of The Police , said: "Policing's position is Clear - we want everyone to feel able to say your opinion, how passionate, how you want, without breaking The Law . "

He added: "the hatred of the incidents can start a precursor for this type of crime, and without the recording to The Police to lose sight of what it is to lose in their communities - and possibly your confidence. "

He said the advice of the forces was currently being revised.

Trans Media Watch , said: "While we appreciate that The Police are careful not to overreact to incidents, we feel that it is vital for a democratic society, everyone enjoys the same level of protection by The Police .

"We are not sure to claim that it is The Judge 's intention to present that Trans people deserve less protection than they did in the year 2016, before the current media interest in the gender recognition process began.

"We hope that His words today will not lead to the other minorities are the subject of intense attention of the media in a position where the hatred for them is less likely to be serious. "

Mr Miller has appealed against the decision on the University of applied Sciences of The Police leadership, and that the permission has been granted for the case directly to the Supreme court.

Transgender hate crimes, the rise different and more serious than non-crime hate incidents in England and Wales according to police records.

In the 12 months to 31 March 2019, reported incidents to The Police 2,333 Transgender Hate Crime . That was 37% higher than in the previous year. In percentage terms, Transgender Hate Crime saw the biggest increase in comparison with the other bias categories (race, religion, sexual orientation, and disability).

Transgender hate crimes recorded by police

England and Wales only

source: Home Office

The Home Office says that some of this increase could identify improvements in the way The Police and Transgender Hate Crime . However, the Home Office adds that real increases are not excluded.

in total, The Police recorded 103,379 Hate Crime in 2018-19. Most of them were race hate crimes accounted for around three-quarters of the total number.

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hate crime, transgender people, humberside police, high court, lgbt, freedom of expression

Source of news: bbc.com