Stirring Up Racial Hatred (Section 18 Public Order Act 1986)

Stirring Up Racial Hatred is an offence under s.18 Public Order Act 1986. A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if he intends thereby to stir up racial hatred or, having regard to all the circumstances, racial hatred is likely to be stirred up thereby (s.18(1)). The offence may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling (s.18(2)). A person who is not shown to have intended to stir up racial hatred is not guilty if he did not intend his words, behaviour or material to be, and was not aware that it might be, threatening, abusive or insulting (s.18(5)). No proceedings for the offence may be instituted in England and Wales except by or with the consent of the Attorney General (s.27(1)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding seven years or a fine or both; on summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both (s.27(3)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Prosecution requires the consent of the Attorney General under s.27(1) Public Order Act 1986. Officers should preserve all evidence of the words, behaviour, or material: body-worn video, photographs, screenshots, seized material. Consider whether the material was distributed online or in person. A warrant to enter and search may be obtained under s.24(1) POA 1986 for material suspected of being intended for display, distribution, or broadcast in a manner stirring up racial hatred. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).