Independent Review of Public Order and Hate Crime Legislation: terms of reference
Published 8 December 2025
Applies to England and Wales
© Crown copyright 2025
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Context
Recent protest activity has become faster, more decentralised and more disruptive. Combined with public comments, both online and in person, there has been a significant rise in community tensions, and, in some cases, targeted intimidation and hate. This is sharpening debate about the balance between freedom of expression and language that incites hatred.
Both of these challenges fall within the remit of Public Order and Hate Crime legislation, which is complex and perceived to be applied inconsistently, creating uncertainty for the police and the public. An independent review is therefore needed to test whether the law remains fit for purpose, assess whether thresholds and safeguards are right and effective, and recommend reforms that improve consistency, protect rights and reassure affected communities.
The review will be guided by three principles:
1. whether the legislation is fit for purpose
2. whether it adequately protects communities from intimidation and hate
3. and whether it strikes a fair balance between freedom of expression and the right to protest with the need to prevent disorder and keep communities safe
The review will focus on England and Wales. It will examine the statutory framework governing protest and hate crime, including primary and secondary legislation. It will examine existing offences and legal thresholds, to ensure they are clear and enforceable by both the police and the courts. It will examine the thresholds for harassment, alarm or distress, identify options to improve consistency in responding to incitement to hatred, and safeguards for free speech.
It will assess the police use of available powers, including whether they have the right guidance, training, resourcing and oversight to ensure they are consistently applying the law as intended, to keep communities safe. The review will assess the balance between the right to free speech, the right to protest and the ability of the police to ensure everyone can live their lives safely.
The approach will combine legal and policy analysis and include a targeted call for evidence so it can hear from all sides of the debate. It will examine National Police Chiefs’ Council and College of Policing guidance and training, Crown Prosecution Service guidance, His Majesty’s Inspectorate of Constabulary, Fire and Rescue Service and Independent Office of Police Conduct material, judicial decisions, academic literature and civil society evidence.
Outputs
A final report with findings and recommendations, including legislative and non‑legislative options, implementation considerations, dependencies, and risks is to be submitted to the Home Secretary.
Timings
The final report is expected in February 2026.
Governance
Lord Macdonald of River Glaven KC has been appointed as Chair and is accountable to the Secretary of State for delivery of the review.
Details of the governance which achieves this accountability and the methodology for the review will be agreed between the Chair and the Secretary of State.