'Prosecutors press for action against BNP leaflets'

Monday, 29 June 2009 23:02

The Guardian reports today on the challenge the BNP is presenting to extant race hate legislation with the Crown Prosecution Service unable to prosecute the party for leaflets (pictured) that are overtly racist but which fall short of the requirements of the law on incitement to racial hatred.

Peter Herbert, chairman of the Society of Black Lawyers, told the Guardian that, "Under the law, it has been extremely difficult to mount a prosecution against extremism and hate speech ... But with the rise of the BNP, and the subsequent rise in racist attacks and the fear the party's leaflets can provoke, it is essential we are given the tools to deal effectively with this threat."

"All the evidence suggests that it is people from minority communities and the faith communities that are put in fear of violence when racist leaflets are delivered in town centres or on estates. If someone handed out the same thing in the workplace, most employers would consider that gross misconduct; if someone does the same thing in the street, there is very little we can do."

Incidents of hate crime in recent weeks include the arson attacks on Luton Islamic centre and the Greenwich Islamic Centre, and this disturbing news from Metro newspaper, on the death of a 15 year old Muslim girl in Tooting, the victim of a suspected arson attack.

Among leaflets that have been referred to the CPS include the leaflet ‘Changing Face of London’ (above), a leaflet that blamed Muslims for the heroin trade (below), and one in which the BNP claimed three asylum seekers had raped a woman though the rape claims were unfounded.

A senior prosecutor told the Guardian: "There are numerous problems. The test to show incitement is very high and the material has to be distributed in public rather than put through people's doors. This makes it really difficult to get convictions for material which many people consider racist."

With the election of two BNP members to the European Parliament, one in the London Assembly, and a general election a year away, pressure on the government to legislate a change to the loopholes in the current law are likely, rightfully, to increase.

Listen to the Guardian’s legal correspondent Afua Hirsch on ‘BNP leaflets: 'Blaming Muslims'.