HUMZA Yousaf has backed police recording “non-crime hate incidents” after a Tory MP claimed the authorities were cracking down on free speech.

The First Minister defended the policy after Murdo Fraser threatened to take Police Scotland to court for keeping a record of a hate claim against him despite concluding he had not committed a crime.

The Tory MSP said he had been reported to the police after comparing being non-binary to identifying as a cat.

But Yousaf said the policy of keeping reports on record even where no crime had been committed allowed police to spot patterns of “hatred”.

He said: “It’s important that they are recorded because what it does is it gives police an idea of where there might be spikes in hatred.

“That behaviour might not be criminal but they can then see a pattern, be it in a particular geography or be it in particular parts of the country, and they can see any patterns that might be emerging.

READ MORE: Tory MSP threatens legal action as police log his Twitter post as 'hate incident'

“Hate crime incidents have for many years been recorded and no one has raised any issues with them previously.”

Fraser (below) has claimed the police are acting “unlawfully” and said he will take legal action unless his record his scrubbed.

The National: Murdo Fraser

A police spokesperson said: “On Monday, November 20 2023, officers received a report of an offensive tweet. Inquiries were carried out and no criminality was established.

“The incident was recorded as a non-crime hate incident.

“Police Scotland have received a complaint relating to this matter which has been passed to the professional standards department for assessment.

“Hate incidents are not recorded against alleged perpetrators.

“Recording is victim-focused and the process has been part of policing for many years. It helps us monitor tensions within communities enabling appropriate police responses and helps to build community confidence.

“Seemingly low level or minor events can have a significant impact on someone who may already be very vulnerable.”