Lord Macdonald of River Glaven KC has been appointed to lead an independent review of public order and hate crime law, the Home Office confirmed on 15 November 2025. The announcement follows the 2 October Manchester attack and heightened concern about disruptive protests and hate incidents. The review is due to begin imminently and report by February 2026.
According to the Home Office, the review will test whether current legislation is effective and proportionate. It will examine police powers to manage protests and the operation of hate crime offences, including “stirring up” offences and racially or religiously aggravated offences, while assessing whether protections for lawful protest and free expression are functioning as intended.
The statutory position on ‘stirring up’ offences differs by ground. For racial hatred, the Public Order Act 1986 makes it an offence to use threatening, abusive or insulting words or behaviour with intent to stir up racial hatred, or where, in all the circumstances, racial hatred is likely to be stirred up (section 18). For religious hatred and hatred on grounds of sexual orientation, Part 3A requires threatening words or behaviour and proof of intent (including section 29B).
Aggravated offences under the Crime and Disorder Act 1998 attach higher penalties where an offence is racially or religiously aggravated. Section 28 defines aggravation as demonstrating hostility based on membership (or presumed membership) of a racial or religious group, or motivation partly or wholly by such hostility; the aggravated offences are set out at sections 29 to 32.
Police powers to impose conditions on protests are set out in sections 12 and 14 of the Public Order Act 1986. Amendments made by the Police, Crime, Sentencing and Courts Act 2022 widened these powers, including allowing conditions to address protest noise that risks serious disruption to an organisation or has a significant impact on people nearby. Home Office guidance stresses proportionality and the need to balance rights to expression and assembly.
Further measures in the Public Order Act 2023 introduced offences such as locking‑on and interfering with key national infrastructure, extended stop and search powers for protest‑related articles, and created Serious Disruption Prevention Orders to restrict repeat offending. Statutory guidance on SDPOs was issued in April 2024.
In parallel, ministers have proposed additional changes through the Crime and Policing Bill 2025, including new offences linked to pyrotechnics at protests, restrictions on climbing specified war memorials and powers relating to face coverings. The Home Office has said the bill will also require police to consider the cumulative impact of protests in a single location when setting conditions on future demonstrations.
Home Secretary Shabana Mahmood said the law must protect the public while safeguarding lawful protest and free speech. Mahmood has served as Home Secretary since 5 September 2025. Lord Macdonald, a former Director of Public Prosecutions, will be supported by policing specialist Owen Weatherill, described by the department as the NPCC lead for Civil Contingencies and National Mobilisation.
Forces and local authorities should expect an evidence‑based stocktake of protest powers and hate‑crime offences. Following prior legislative change, operational guidance and training were updated; the College of Policing’s public order Authorised Professional Practice and National Protest Operational Advice were refreshed, and the Home Office issued a circular to forces on the PCSC Act provisions. Similar updates would be expected if Parliament enacts changes arising from this review.
Next steps are procedural. The Home Office states terms of reference will be published in the coming weeks, setting scope and timetable. The review is expected to commence imminently and conclude by February 2026.