The Crown Prosecution Service response to the All-Party Parliamentary Inquiry into Antisemitism
Annex C: Review of incitement to racial hatred cases for 2006/07
Case 1
Brief overview of the facts of the case
Offensive and extreme racist material was placed on a tribute website.
Outcomes
The defendant was charged with an offence contrary to S.19 POA 1986 and pleaded Guilty. He was sentenced to 2 years and 8 months imprisonment for this.
Rationale for No Further Action
Not applicable
Challenges; negatives; learning points; positive points
CPS debated merits of the case as to whether offensive material on a tribute website was 'likely' to be seen by others or just 'liable' to be seen (and therefore not an offence). Positive learning point in that decision to take prosecution forward led to guilty plea in complex case. Good example of prosecutorial determination.
Case 2
Brief overview of the facts of the case
Feb 2006 there was a demonstration in Central London by members of Al Ghurabaa to protest against the publication of cartoons depicting the Prophet Mohammed armed with a bomb. The protest had no permission and no organisation. The chants and placards were considered by a large section of the public to be extremely threatening. This defendant made a speech in which he called for British soldiers to come back in body bags; he called for another 9/11 in Denmark, another in Spain, in France and all over Europe; he chanted "Bomb, bomb France. Nuke, nuke France".
Outcomes
Guilty of one count of stirring up racial hatred. Was retried for soliciting murder and found Guilty. Sentenced to 4 years for inciting racial hatred and 6 years for soliciting murder.
Rationale for No Further Action
Not applicable
Challenges; negatives; learning points; positive points
Clear demonstration of CPS willingness to prosecute cases that cross the threshold of criminal behaviour and to use other legislation as well as incitement to racial hatred.
Case 3
Brief overview of the facts of the case
Relates to above demonstration (Case 2), with specifics that this defendant chanted such phrases as "Democracy go to hell. Freedom go to hell. UK you must pay. Sharia is on its way. 7/7 on its way. UK you will pay: Bin Laden on his way".
Outcomes
Guilty of one count of stirring up racial hatred. Sentenced to four years and has submitted an appeal against conviction.
Rationale for No Further Action
Not applicable
Challenges; negatives; learning points; positive points
Clear demonstration of CPS willingness to prosecute cases that cross the threshold of criminal behaviour and to use other legislation as well as incitement to racial hatred.
Case 4
Brief overview of the facts of the case
Relates to the above demonstration (Case 2), with specifics that this defendant was seen carrying posters into the Mosque stating "Europe U will pay 3/11 on its way". He was also seen carrying a placard reading "Annihilate those who insult Islam" during the demonstration.
Outcomes
Guilty of 2 counts of soliciting murder (attached to incitement case, above). Sentenced to six years and has appealed against conviction.
Rationale for No Further Action
Not applicable
Challenges; negatives; learning points; positive points
Clear demonstration of CPS willingness to prosecute cases that cross the threshold of criminal behaviour and to use other legislation as well as incitement to racial hatred.
Case 5
Brief overview of the facts of the case
Relates to the above demonstration (Case 2), with specifics that this defendant made a speech saying that those who insult Islam and Allah will pay a heavy price, chanting "Denmark, you will pay with your blood. Jihad is the way to Allah. Democracy hypocrisy go to hell. Bomb, bomb Denmark. Bomb, bomb USA". There was also a leaflet found in this defendant's flat entitled "Kill them by their sword of wherever they are".
Outcomes
Guilty of one count of soliciting murder and one count of inciting racial hatred. Sentenced to 4 years for incitement and 6 years for soliciting murder. Has submitted an appeal against sentence.
Rationale for No Further Action
Not applicable
Challenges; negatives; learning points; positive points
Clear demonstration of CPS willingness to prosecute cases that cross the threshold of criminal behaviour and to use other legislation as well as incitement to racial hatred.
Case 6
Brief overview of the facts of the case
This case involved the distribution of BNP literature concerning religious education in schools, immigration and housing.
Outcomes
NFA
Rationale for No Further Action
In the main, the literature was offensive but not threatening abusive or insulting. In the one very limited part that was insulting, it amounted to free speech in a political setting.
Case 7
Brief overview of the facts of the case
Flyers given out by members of a political party attacking foreign policy of the Government.
Outcomes
NFA
Rationale for No Further Action
Not likely to incite hatred. Criticism of political party not a race.
Challenges; negatives; learning points; positive points
Cases are referred that are easily identified as not remotely coming within Part III POA 1986.
Case 8
Brief overview of the facts of the case
This case involved two school children who filmed their Pakistani teacher on a mobile phone, whilst making mocking, accented remarks. They then gave it an offensive title and placed it on YouTube. The teacher did not support proceedings and the suspects were disciplined by the school concerned.
Outcomes
NFA
Rationale for No Further Action
The reviewing lawyer concluded that there was just a realistic prospect of conviction for distributing material likely to stir up racial hatred but that it was not in the public interest to prosecute the suspects for this, taking into consideration the victim's views, ages and good character of the suspects and the punishment meted out by the school, as well as the time lapse.
Challenges; negatives; learning points; positive points
Unfortunately this case was inadvertently referred directly to the Attorney General's office from the Area rather than through the CTD and so correcting the procedure for review incurred some delay.
Case 9
Brief overview of the facts of the case
Suspects were both approx. 16 years old and this can be classified as a 'happy slapping' incident. One suspect carried out the assault and the other suspect subsequently edited the footage of the assault adding the words '...Bashing' and Chinese kung fu music, which was then distributed by Bluetooth to the phones of other 16 year olds.
Outcomes
NFA taken in respect of an incitement charge but referred back to Area and prosecuted for assault.
Rationale for No Further Action
Prosecuted for assault. The reviewing lawyer after carefully assessing the evidence for incitement concluded intent could not be proved and that there was insufficient evidence to show hatred "likely to be stirred up". The footage, and editing, was treated as aggravating features of the assault.
Case 10
Brief overview of the facts of the case
Literature distributed in form of leaflets opposing mixed race relationships and urging support for a white power party.
Outcomes
NFA
Rationale for No Further Action
View was taken that this amounted to no more than free political speech, however controversial.
Case 11
Brief overview of the facts of the case
University lecturer was interviewed and expressed views that (amongst other things) whites were more talented and intelligent than blacks.
Outcomes
NFA
Rationale for No Further Action
The interview was not reported in its full context and in any event was not likely to incite hatred. In fact the available evidence suggested it was more likely to incite others to disagree with the lecturer.
Case 12
Brief overview of the facts of the case
This case involved the distribution of a leaflet depicting an image of the Prophet Mohammed with a bomb in his turban, the cartoon that led to the Danish Cartoon Protests and then a picture of protestors against the cartoon with placards calling for the "slaying of those who insult Islam" etc. The leaflet posed the question "which do you find the most offensive?" with political script attached.
Outcomes
NFA
Rationale for No Further Action
The contents of the leaflet did not meet the evidential test for 'racial' or 'incitement to hatred'.
Challenges; negatives; learning points; positive points
Something that can cause widespread offence is not necessarily criminal. Several complaints arose out of the leaflet and although each individual complaint must be treated on its own merits and the circumstances of that complaint, it is possible to provide advice on a generic issue such as in this case on whether or not the leaflet itself gave rise to any offence.
Case 13
Brief overview of the facts of the case
A song that was posted on YouTube conveyed sentiments questioning the change in the race of the population and linking that to negative images including 7/7 bombings.
Outcomes
NFA
Rationale for No Further Action
Not likely to incite hatred. Offensive but vigorous, freedom of expression.
Case 14
Brief overview of the facts of the case
Various excerpts of speeches that caused real controversy and complaint.
Outcomes
NFA
Rationale for No Further Action
Full recordings, in part, significantly different from the reported edits and did not amount to material likely to incite racial hatred. There was material that amounted to religious incitement however, legislation not in force at the relevant time.
Challenges; negatives; learning points; positive points
Importance of seeing all material and the full context before reaching a conclusion.
Case 15
Brief overview of the facts of the case
This is the case of an office worker who forwarded an email to others, not knowing its full content and that it contained offensive material concerning the Israeli bombings of Palestine.
Outcomes
NFA
Suspect cautioned.
Rationale for No Further Action
The suspect was not the originator of the email. Police did not wish to pursue the originator of the email and that decision, coupled with the fact that the suspect had lost their job as a result of this, led the CPS to advise that a prosecution was not in the public interest.
Case 16
Brief overview of the facts of the case
This case involved suggestion from a photograph that suspect may have been involved in racist chanting at a demonstration, two years previously. There was no evidence on file to support the allegation.
Outcomes
Case referred to CTD in error as area had concluded no evidence to show incitement.
Rationale for No Further Action
There was no evidence at all that the suspect was involved in racist chanting or incitement to racial hatred.
Case 17
Brief overview of the facts of the case
Suspect sent numerous abusive letters to various organisations/individuals including letters containing racial abuse.
Outcomes
Case referred back to area no evidence of incitement/referred in error.
Rationale for No Further Action
There was no evidence of incitement to racial hatred.
Case 18
Brief overview of the facts of the case
CPS received a letter of complaint to the DPP about a website. The website is hosted in the USA and posts the personal details of socialists on it and there is circumstantial evidence to show that consequently they or their property have been attacked– does not target people of specific races.
Outcomes
File created merely because a letter of complaint went to the DPP, but not an incitement case.
Rationale for No Further Action
Content of website not specifically racist and not inciting racial hatred.
Challenges; negatives; learning points; positive points
Was catalyst for multi agency work to deal with this and related issues.
