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Home » News Centre » Press Releases » CPS decision on Firle Bonfire case

CPS decision on Firle Bonfire case

07/07/2004

The Crown Prosecution Service has advised Sussex Police there should be no prosecutions for incitement to racial hatred or public order offences following an incident during the annual firework display and bonfire in Firle, Sussex, last October.

The Director of Public Prosecutions, Mr Ken Macdonald, QC said: "This was a complex and challenging case both legally and factually and I am entirely satisfied with the decision reached by the reviewing lawyer that there should be no prosecution.

"I quite understand the disquiet and repugnance of those who were offended by the burning of a caravan with effigies of people inside, including those of children, and the numberplate "P1 KEY" on it, which they considered abusive and insulting to travellers.

"The time taken to review the case indicates that these concerns were taken very seriously; all the evidence was reviewed thoroughly and advice was sought from independent counsel.

"But in order to prosecute there must be sufficient evidence for a realistic prospect of conviction and if the evidence is not there, no matter how disturbing or unpleasant the allegations may be, a case cannot go ahead."

In deciding whether there was sufficient evidence to prosecute under the Public Order Act, reviewing lawyer Mr Patrick Stevens said that both he and counsel considered whether or not there was an intent to stir up racial hatred or whether hatred was likely to be stirred up.

He said: "The general picture which emerged from the evidence was of a fairly disorganised group of individuals playing different parts in the event, often with no idea what part others were playing.

"If anyone was to be prosecuted, it could only be on the basis of their own words or acts, which presented a real difficulty. That was because the offence to others caused by the procession and the display using the caravan was caused by its overall effect and hardly any of the individuals interviewed knew what the overall effect was going to be.

"Having reviewed all the evidence in this case I have advised the police that it is insufficient for a realistic prospect of conviction and there should be no prosecutions."

  1. The annual procession, firework display and bonfire was organised by the Firle Bonfire Society and took place on the evening of October 25, 2003.
  2. For further details contact the CPS Press Office on 020 7796 8180