Police Scotland is coming under pressure to reveal whether or not JK Rowling will have a non-crime hate incident (NCHI) logged against her name after people complained about her posts on social media misgendering trans women.

Last night the force said the comments, made in protest at the Scottish Government's new hate crime legislation, were “not assessed to be criminal and no further action will be taken."

READ MORE: Hate Crime Act: JK Rowling tweets 'not assessed to be criminal'

However, Police Scotland’s guidance states that “for recording purposes, the perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident or in recognising the malice element of a crime”.

It goes on to add that “evidence of malice and ill-will is not required for a hate crime or hate incident to be recorded and thereafter investigated as a hate crime or hate incident by police."

Last week, Conservative MSP Murdo Fraser threatened Police Scotland with legal action after discovering that the force recorded one of his tweets as a “hate incident” even though no law had been broken.

It is understood that more than 3,000 complaints have been made since the Hate Crime and Public Order (Scotland) Act took effect on Monday.

As well as the Harry Potter author there have been complaints made against Humza Yousaf.

They too have been dismissed.

Again, it is not known if they will have resulted in an NCHI being associated with the First Minister.

READ MORE: JK Rowling mocks Scotland's new hate crime legislation

Speaking to the BBC’s Good Morning Scotland on Wednesday, Siobhian Brown, the Scottish Government Minister for Victims and Community Safety, said it was an “operational matter for Police Scotland.”

She claimed the force had “said publicly that they are in the process of reviewing… how they record hate crime incidents.”

“This is not something new. This has been happening for over 20 years, and I know it has been reviewed in England and Wales,” she added.

That review came after a court case and subsequent appeal in England which saw the College of Policing issue new guidance requiring officers to make a judgment as to the gravity and validity of complaints.

That effectively means police officers south of the border must now not record anything that is “trivial, malicious or irrational”.

While Police Scotland is “looking at” the new College of Policing guidance, and despite what Ms Brown says, they have been very clear that there is not an ongoing review.

Asked if she thought the force would treat Mr Yousaf and Ms Rowling differently from Mr Fraser, the minister said: “I've got faith in Police Scotland, that they will be treating everybody the same.

“I do not believe they would be treating opposition politicians as suggested differently to any politician in government or any other individual that might have been reported per se.”

Ms Brown said recording incidents even when no criminality has been established had been happening with domestic abuse for over 20 years.

“And it gives the police, from their side of things sort of an understanding of tensions in communities. So it's obviously it's not criminality, but this has been happening for a very long time.”

There was some confusion over the force’s NCIH policy last week, when Alan Speirs, Deputy Chief Constable for Professionalism, Strategy and Engagement, told Holyrood’s Criminal Justice, said they would only record incidents “where it is necessary and proportionate to do so, and where keeping a record of the circumstances of the incident meets a particular policing purpose.”

That appeared to be at odds with the existing policy. 

READ MORE: Ally McCoist reveals he won't attend Rangers vs Celtic

Meanwhile, former Rangers player turned football commentator Ally McCoist has warned he and thousands of other fans could be “committing a breach” of the legislation at this Sunday’s Old Firm derby.

Mr McCoist said on TalkSport that he “along with 48,000 will be committing a breach of that hate Bill in the particular Rangers v Celtic game we are all going to”, branding the situation “madness”.

Asked about the football star's concerns, Ms Brown said: “I’m not going to comment on individuals’ comments.”

But she stressed behaviour would have to exceed a “very high threshold” for a crime to be committed.

The minister said: “Somebody at these games would have to be inciting hatred, they would have to be threatening and abusive, with the intention of stirring up hatred to an individual at one of these games, that the individual is in fear and in alarm.

“I would truly hope that a lot of people attending a football match would not go there with the intention of doing that.”

Police Scotland has been approached for comment.