Incitement to Racial Hatred: Why DPP Consent Is Required for Prosecution
Published 9 July 2026
For most criminal offences, the police investigate and the CPS decides whether to charge. For incitement to racial hatred, the Director of Public Prosecutions must personally consent. Not a junior prosecutor. Not a regional chief crown prosecutor. The DPP. That requirement — s.27 of the Public Order Act 1986 — is a deliberate constitutional safeguard, not a bureaucratic formality.
Disclaimer: General information, not legal advice.
Why DPP Consent Matters
The consent requirement serves three purposes. First, it prevents private prosecutions — a private individual cannot bypass this filter. Second, it centralises the public interest assessment — weighing the seriousness of the conduct against the chilling effect on legitimate debate. Third, it ensures consistency — the same office, applying the same principles.
Religious hatred goes further: the Attorney General must consent (s.29L). An even higher bar. The police cannot charge on their own — the case must go to the CPS and the DPP.
Sources
- Public Order Act 1986, s.27 — legislation.gov.uk
- Racial and Religious Hatred Act 2006, s.29L — legislation.gov.uk
- CPS Hate Crime Guidance — cps.gov.uk