This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.bbc.co.uk/news/uk-england-lincolnshire-51501202
The article has changed 10 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Harry Miller: Ex-police officer's transgender tweets lawful | |
| (32 minutes later) | |
| A former police officer's allegedly transphobic tweets were lawful, the High Court has ruled. | |
| Harry Miller, from Lincolnshire, was contacted by Humberside Police in January last year after a complaint about his tweets. | Harry Miller, from Lincolnshire, was contacted by Humberside Police in January last year after a complaint about his tweets. |
| He was told he had not committed a crime, but it would be recorded as a "hate incident". | He was told he had not committed a crime, but it would be recorded as a "hate incident". |
| The court found the force's actions were a "disproportionate interference" on his right to freedom of expression. | The court found the force's actions were a "disproportionate interference" on his right to freedom of expression. |
| Mr Miller, 54, also launched a wider challenge against the lawfulness of College of Policing guidelines on hate crimes. | Mr Miller, 54, also launched a wider challenge against the lawfulness of College of Policing guidelines on hate crimes. |
| These define a hate incident as "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". | These define a hate incident as "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 Justice Julian Knowles rejected Mr Miller's challenge against the guidelines, ruling they "serve legitimate purposes and [are] not disproportionate". | |
| Mr Miller posted a number of tweets between November 2018 and January 2019 about transgender issues as part of the debate about reforming the Gender Recognition Act 2004. | |
| 'Participant in public debate' | |
| It was these tweets which were reported to Humberside Police as being allegedly transphobic. | |
| Officers visited Mr Miller's workplace and in a statement said they had "received reports of a number of transphobic comments being posted on social media". | |
| Mr Miller's barrister, Ian Wise QC, argued the force's response had sought to "dissuade him from expressing himself on such issues in the future". | |
| Mr Justice Knowles said Mr Miller "strongly denies being prejudiced against transgender people" and had regarded himself as a participant in a public debate. | |
| The judge said: "The claimants' tweets were lawful and there was not the slightest risk that he would commit a criminal offence by continuing to tweet. | |
| "I find the combination of the police visiting the claimant's place of work, and their subsequent statements in relation to the possibility of prosecution, were a disproportionate interference with the claimant's right to freedom of expression because of their potential chilling effect." | |
| Follow BBC East Yorkshire and Lincolnshire on Facebook, Twitter, and Instagram. Send your story ideas to yorkslincs.news@bbc.co.uk. | Follow BBC East Yorkshire and Lincolnshire on Facebook, Twitter, and Instagram. Send your story ideas to yorkslincs.news@bbc.co.uk. |