UK names Lord Macdonald to review protest, hate laws

Here’s the update for your classroom and for anyone teaching protest rights. On 15 November 2025 the Home Office appointed Lord Macdonald of River Glaven KC to lead an independent review of public order and hate crime laws, following the 2 October Manchester terrorist attack. Home Secretary Shabana Mahmood says the aim is to protect free speech and the right to protest while tackling intimidation and hate.

What will the review look at? It will examine police powers for managing demonstrations and the offences that deal with ‘stirring up’ hatred as well as racially or religiously aggravated behaviour. The test is whether current law is effective and proportionate, protecting both communities and free speech. The terms of reference will be published in the coming weeks; the work will start soon and is expected to conclude by February 2026. Lord Macdonald, a former Director of Public Prosecutions, will be supported by senior policing lead Owen Weatherill.

Let’s clarify the phrase ‘stirring up hatred’. For racial hatred, the Public Order Act 1986 covers threatening, abusive or insulting words or behaviour intended to stir up hatred, or likely to do so when context and audience are considered. For religious hatred and for hatred based on sexual orientation, the law requires threatening words or behaviour and proof of intent. Part 3A also contains explicit free‑speech protections stating that discussion or criticism of beliefs or conduct, even if offensive, is not by itself a crime.

Aggravated offences are different. If someone commits a ‘basic’ offence such as assault, criminal damage or harassment and shows hostility based on race or religion-or is motivated by such hostility-the charge can be racially or religiously aggravated, with higher maximum sentences. Even where the specific aggravated charge is not used, courts can increase sentences when hostility is proven. The Crown Prosecution Service also stresses that the legal test refers to hostility, not hatred.

What might change for protests in England and Wales? Ministers want police to consider the cumulative impact of repeat demonstrations in one place when deciding whether to impose conditions. Senior commanders would be able to set conditions from control rooms, and there would be clearer powers to manage intimidating protests near places of worship. The bill also proposes new offences for possessing flares at protests, climbing on significant war memorials and using face coverings in designated zones.

Rights still apply. The government’s own legal memorandum says any new protest powers must remain compatible with Articles 10 and 11 of the European Convention on Human Rights, which protect expression and peaceful assembly. The threshold for imposing protest conditions stays high, and any restrictions must be necessary and proportionate rather than a disguised ban.

Media literacy tip for students and staff: always look for the specific offence named by police or prosecutors, not just headlines about ‘free speech’ or ‘hate speech’. A Reuters fact‑check showed how one case framed online as punishment for ‘anti‑establishment rhetoric’ was in fact a conviction for inciting racial hatred under existing law.

What happens next? The terms of reference will set the precise questions and evidence routes; if a formal call for evidence opens, we’ll flag it so schools and colleges can contribute. The review is due to start imminently and report by February 2026, and we’ll keep explaining what the law does-and doesn’t-cover.