Inciting hatred
Hate crime — Authorised Professional Practice
Summary
The Public Order Act 1986 outlines specific offences regarding inciting hatred based on race, religion, and sexual orientation. These offences require cases to be reported to the Central Special Crime and Counter-Terrorism Division of the Crown Prosecution Service (CPS), necessitating attorney general consent to proceed to court. The balance between human rights and protection from hatred is crucial, as personal beliefs cannot defend against these offences, although the free expression of views is protected. Ultimately, it is up to the court to determine whether actions fall under these offences, with the CPS analyzing evidence for prosecutorial prospects. The three incitement offences differ and include threatening words or behaviour aimed at stirring hatred, with abusive language considered under the race offence. Police decisions must account for the European Convention on Human Rights (ECHR) and the Human Rights Act 1998, with advice sought when necessary.
Key principles
- 1Inciting hatred relates to race, religion, and sexual orientation under the Public Order Act 1986.
- 2Cases must be reported to the CPS and require permission from the attorney general to proceed.
- 3Free expression of opinion is protected under human rights but not as a defence to inciting hatred.
- 4The court ultimately decides if actions constitute incitement to hatred.
- 5Evidence must clearly demonstrate the elements of incitement for prosecution.
Defined terms
- Public Order Act 1986
- Legislation outlining specific offences related to inciting hatred based on race, religion, and sexual orientation.
- Crown Prosecution Service (CPS)
- The authority responsible for prosecuting criminal cases in England and Wales.
- European Convention on Human Rights (ECHR)
- An international treaty to protect human rights and political freedoms in Europe.
- Human Rights Act 1998
- A UK law that incorporates the rights contained in the European Convention on Human Rights into UK law.
Full guidance
Responding to public protection and major investigation issues, for example, child abuse, knife crime and sexual offences
This page is from APP, the official source of professional practice for policing.
The Public Order Act 1986 includes specific offences of inciting hatred on the grounds of race, religion and sexual orientation.
Incitement to hatred – race; the Public Order Act 1986, Part III(opens an external website in the same tab) . * Incitement to hatred – religion or sexual orientation; the Public Order Act 1986, section 29B(opens an external website in the same tab) .
All allegations of incitement must be referred to the Central Special Crime and Counter-Terrorism Division of the Crown Prosecution Service _(_CPS), and require the consent of the attorney general to proceed to court.
The nature of these offences can lead to conflict between individuals and groups about the balance between human rights and an individual’s protection from hatred. A religious or any other personal belief is not a defence to these offences, but the free expression or debate of a personal view is a protected human right.
Whether a particular action comes within the behaviour covered by the offences is ultimately for the court to decide. The CPS has to judge in each case whether the evidence supports a reasonable prospect of a successful prosecution.
It is important that policing decisions take into account the ECHR and Human Rights Act 1998, and officers and staff should seek advice if they are unsure.
The three incitement to hatred offences are not identical, and should be considered separately.
All the offences cover threatening words, behaviour or material, and are committed where the offender intended to stir up hatred. The race offence also covers abusive or insulting words and circumstances where hatred is likely to be stirred up.
Evidence submitted to the CPS for a charging decision must demonstrate that the points to prove in each variant have been clearly demonstrated.
For further information see CPS Hate crime guidance(opens an external website in the same tab) .
Do not provide personal information such as your name or email address in the feedback form. Read our privacy policy for more information on how we use this data
What is the reason for your answer?
APP is the authoritative source for UK policing practice and is updated over time. For the current, official version — including any operational detail not reproduced here — go direct.
Read the full APP guidanceSource: College of Policing — Authorised Professional Practice · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-27.