PROSECUTORS have been issued new legal guidance on the use of offensive banners, slogans, chants or symbols to recognise the changing national and international context and increase in hate crime ahead of significant planned protests in London this weekend.

The guidance puts a particular focus on prosecutors to assess the ability for protest materials to stir up hatred – this also includes whether the actions are reaching a wider audience beyond the people physically present – for example chants and banners being captured on social media.

Lawyers will be working alongside the Met Police to offer real time charging advice to officers and CPS Direct – the Crown Prosecution Service’s out of hours service – will also be on hand to make sure that protestors who cross the line into criminality face swift arrest .

Stephen Parkinson, Director of Public Prosecutions, said:

“Everyone has the right to protest and to express their views freely. That right is a cornerstone of our democracy.

“However, it 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 in particular on offences of stirring up hatred under Part III of the Public Order Act 1986, which can result in sentences of up to seven years imprisonment.  This guidance clarifies how we review these cases, giving greater transparency about our decisions."

Prosecutors are told to consider the context in which chants are used, including the wider context of heightened tensions, whether local, national or global, which may clearly be relevant to issues in the case, such as the suspect’s intention and the consequential impact of the suspect’s actions.

“This is not about restricting free speech. It is about preventing hate crime and protecting the public, particularly at a time of heightened tensions. Where the line into criminality is crossed, we will not hesitate to prosecute.”

The new legal guidance on chants, banners, signs, slogans, and symbols during protests has been added to existing CPS Protests guidance on ‘Offences during Protests, Demonstrations or Campaigns’ to recognise the changing international context, given heightened public concerns about hate crime and public order, particularly cases involving antisemitic chants.

Prosecutors will consider a range of factors when determining whether criminal offences have been committed, including:

• the meaning and intent of chants, slogans or symbols used
• the context  in which words, images or symbols are used
• the timing, particularly where tensions are heightened by national or international events
• the likely impact on those present and any wider audience, including online dissemination

Relevant offences may include stirring up hatred, public order offences, racially or religiously aggravated hate crime, and in the most serious cases, terrorism-related offences. Cases involving terrorism or inciting hatred will be reviewed by the CPS Counter Terrorism Division.

This month the CPS also published  Updated legal guidance to speed up charging decisions in hate crime cases to tackle the rise in antisemitic incidents.

This guidance focuses on the gathering of core evidence so action can be taken to make sure cases progress swiftly.

Anyone who believes an offence has been committed is encouraged to report it to police.