Ex-Director of Public Prosecutions to lead independent review of existing public order and hate crime legislation

The Home Office said the review will look at the powers police have to manage protests and the current hate crime laws, including offences for aggravated behaviour and “stirring up” hatred.  

It will examine whether existing legislation is “effective and proportionate”, and whether it protects communities from hate and intimidation.  

Further, it will consider if the law protects free speech and peaceful protest.

The Home Office said the launch of the review stems from "concerns around community tensions and the impact of disruptive and intimidating protests on the safety of society".

Lord Macdonald will be supported by Owen Weatherill, a senior policing expert, who brings “operational experience” from his role as the National Police Chiefs’ Council Lead for Civil Contingencies and National Mobilisation. 

Home Secretary Shabana Mahmood said: “The terrorist attack in Manchester on 2 October shocked the nation and showed how hatred and division can fuel violence. It happened at a time of growing concern about protests and hate crime in this country.  

“Our laws must protect the public, while upholding the right to protest and free speech. That is why we have asked Lord Macdonald to lead this review. His experience will ensure it is thorough and independent.  

“Lawful protest and free speech are fundamental rights, but we cannot allow them to be abused to spread hate or cause disorder. The law must be fit for purpose and consistently applied.”

The review follows recent changes to the Crime and Policing Bill, which will require police to consider the “overall impact” of protests in one place before setting conditions on future demonstrations. 

According to the Home Office, the terms of reference for the review will be confirmed in the “coming weeks”, with the review expected to commence imminently and conclude by February 2026.

Lottie Winson