Sir Keir Starmer’s predecessor as Director of Public Prosecutions will lead a major review of protest powers and hate crime laws.
Home secretary Shabana Mahmood announced in October that police forces would be granted new powers to put conditions on repeat protests and pledged an independent review of existing protest and hate crime laws.
The move came after an attack on a synagogue in Manchester that left two dead.
Now a former head of the Crown Prosecution Service, the body responsible for charging decisions in England and Wales, Lord Ken Macdonald KC, has been tasked with considering whether legislation should go further to keep people safe.
Ms Mahmood has commissioned the review after being concerned about the impact of both public protest and hate crime on cohesion and safety.
Lord Macdonald, who was previously a defence lawyer, is being asked to examine the current offences for aggravated behaviour and “stirring up” hatred.
He has been asked to look at whether the law is sufficiently protecting communities from hate and intimidation.
Ms Mahmood said: “The terrorist attack in Manchester on 2 October shocked the nation and showed how hatred and division can fuel violence.
“It happened at a time of growing concern about protests and hate crime in this country.
“Our laws must protect the public, while upholding the right to protest and free speech.”
She added: “Lawful protest and free speech are fundamental rights, but we cannot allow them to be abused to spread hate or cause disorder. The law must be fit for purpose and consistently applied”.
Human rights group Liberty has previously warned that plans to restrict repeat protests risk seeing “the right to protest in the UK stripped to the bone”.
Earlier in November, Ruth Ehrlich, head of policy at Liberty, said: “Police already have extensive powers to restrict protests, yet these measures add to an ever-expanding web of anti-protest laws.”
They recommended ministers focus on examine “why existing laws are supposedly failing and ensure people’s rights to demonstrate are protected”.
