§ 41. Simon HughesTo ask the Solicitor-General, what is the policy of the Crown Prosecution Service in relation to the prosecution of incitement to racial hatred. [82010]
§ The Solicitor-GeneralThe Crown Prosecution Service reviews all allegations of inciting racial hatred in accordance with the Code for Crown Prosecutors.
Before any prosecution can be brought there are two tests that must be satisfied, firstly, there must be sufficient evidence for a realistic prospect of a conviction, and secondly the prosecution must be in the public interest.
The Code for Crown Prosecutors specifically states that "a prosecution is likely to be needed if the offence was motivated by any form of discrimination against the victim's ethnic or national origin.