CPS signals tougher stance on protest hate speech

The updated guidance, published ahead of major protests planned in the capital this weekend, places increased emphasis on offences involving the stirring up of racial or religious hatred and reflects what the CPS described as a “changing national and international context”.

Under the new approach, prosecutors are being told to consider not only the meaning and intent of chants or symbols used at demonstrations, but also the wider context in which they are used, including heightened tensions linked to international events and the potential for material to spread online through social media.

The CPS said lawyers would work alongside officers from the Metropolitan Police Service (MPS) during this weekend’s protests to provide real-time charging advice. Out-of-hours prosecutors would also be available to support rapid charging decisions.

These could include public order offences, racially or religiously aggravated offences, stirring up hatred offences and, “in the most serious cases”, terrorism-related offences.

Director of Public Prosecutions Stephen Parkinson said the right to protest “does not extend to using words, images or symbols to spread hatred, incite violence or cause fear and intimidation within our communities”.

The guidance focuses particularly on offences under Part III of the Public Order Act 1986 relating to stirring up hatred, which carry maximum prison sentences of seven years.

The move follows increasingly robust rhetoric from the MPS ahead of this weekend’s demonstrations, with commanders warning they will take the “most assertive possible use” of available powers.

Police have also confirmed live facial recognition technology will be deployed operationally at a protest for the first time.

The announcement comes amid heightened tensions surrounding pro-Palestinian demonstrations and counter-protests linked to supporters of Tommy Robinson.

Civil liberties groups have previously warned against what they see as an increasing blurring of the line between offensive speech and criminal conduct during protests.

However, supporters of tougher enforcement argue police and prosecutors must respond to rising antisemitism, anti-Muslim hatred and extremist rhetoric appearing at demonstrations.

The CPS said the guidance was intended to provide greater clarity and transparency around prosecutorial decision-making rather than restrict lawful protest.

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