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Home » News Centre » Press Releases » CPS prosecution for inciting racial hatred results in acquittal for Nick Griffin and Mark Collett

CPS prosecution for inciting racial hatred results in acquittal for Nick Griffin and Mark Collett

10/11/2006

Nick Griffin and Mark Collett were today found not guilty at Leeds Crown Court of inciting racial hatred. The Crown Prosecution Service reviewing lawyer in the case, Helen Allen, says it was important that the case had been put before a court.

Mrs Allen said: "This prosecution sends out a very strong signal that where the CPS believes someone has tried to incite racial hatred, we will treat it with the utmost seriousness and will not hesitate to prosecute robustly.

"In this case, the CPS was satisfied there was sufficient evidence for a realistic prospect of conviction and that it was in the public interest to proceed. Therefore it was right and proper that the prosecution was brought.

"The jury however had to make their decision on a higher level of proof - they had to be convinced beyond reasonable doubt that an offence had been committed in respect of each speech. In the event, they were not convinced of that and I fully accept and respect their decision."

Nick Griffin and Mark Collett had been accused of stirring up racial hatred in three speeches to British National Party members in the West Yorkshire area. Part of the case for the defence was that freedom of expression should allow for a measure of criticism of racial groups. But Helen Allen says that argument does not always stand up.

Mrs Allen said: "There is a huge difference between debate and stirring up hate. The limitations to free speech made by the law are that it should not be misused to insult, abuse or threaten other people in such a way that racial hatred is stirred up. The jury were not convinced that had happened so the defendants were acquitted.

"I would like to pay tribute to Counsel and also West Yorkshire Police for their excellent work alongside the Crown Prosecution Service in their preparation of this case."

  1. The prosecution related to comments made in three speeches in the West Yorkshire area in early 2004 - two by Mark Collett and one by Nick Griffin. These were covertly recorded by a BBC journalist and certain excerpts were broadcast in a documentary called "The Secret Agent" on July 15th, 2004.
  2. The jury were asked to consider two alternative counts per speech, making 6 counts in total (four counts against Mark Collett and two counts against Nick Griffin). They were asked to decide for the first alternative whether the speeches were threatening, abusive or insulting, and the speech makers had intended to stir up racial hatred. For the second alternative they had to decide again whether the speeches were threatening, abusive or insulting, but also decide whether these were likely to stir up racial hatred. All the counts come under the Public Order Act 1986 and the maximum sentence is seven years' imprisonment. The Attorney General's consent was required to prosecute the charges of stirring up racial hatred under the Act.
  3. For further information contact CPS Press Office on 020 7796 8180.