Allegations of two-tier policing have gained currency as far-right riots continue to rock towns and cities across the UK.

The phrase is used to describe the impression that some protests and demonstrations are dealt with more harshly than others.

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Elon Musk, the world’s richest man and the owner of the social media platform X, is among those who have propagated the idea in recent days.

But the concept has been rubbished by senior politicians and police officers.

What are the origins of ‘two-tier’ policing?

The term “two-tier policing” has been used to suggest that police have been more heavy handed with people on the right of the political spectrum than the left.

Even before the outbreak of the current rioting in the UK, the idea was propagated by the likes of English Defence League founder Tommy Robinson, actor-turned political activist Laurence Fox and former immigration minister Robert Jenrick, in relation to pro-Palestinian protests.

More recently, Reform UK leader Nigel Farage summed up the sentiment when he claimed on Monday that “ever since the soft policing of the Black Lives Matter (BLM) protests, the impression of two-tier policing has become widespread”.

The Clacton MP has since doubled down on this, claiming on social media that “most of us think that ethnic minority groups are policed entirely differently to that of white British people”.

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‘Difference between riot and protest’

However, critics of Mr Farage and others who have used the term say there is a clear difference between legal and peaceful protests and the violent disorder of the past week, which has seen mosques and hotels housing asylum seekers attacked, police officers hospitalised and shops smashed and looted.

One of the strongest rebukes came from Dame Priti Patel, who was home secretary during the BLM demonstrations in 2020.

She told Times Radio: “There’s a clear difference between effectively blocking streets or roads being closed to burning down libraries, hotels, food banks and attacking places of worship. What we have seen is thuggery, violence, racism.

“Those kinds of comments are simply not relevant right now. That is not correct.

“What we saw during the pandemic, we saw protest. We believe in free speech. We saw protests that were being policed.

‘What we’re seeing right now is thuggery and disorder and criminality. There is a complete distinction between the two.”

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What is the law on protests in the UK?

As referenced by Ms Patel, protest is legal in the UK and the right to freedom of expression is also protected under the European Convention of Human Rights.

However, this only applies to peaceful protest and does not extend to any violence inflicted or damage caused during a protest.

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As pointed out by Chris Hobbs, a former Special Branch officer writing for the Police Oracle website, arrests have been made at Pro-Palestinian protests when there has been suspected criminal offences, as has been the case during climate protests and BLM demonstrations.

Neil Basu, the former head of counter-terrorism, told Sky News it was “not the case at all” that there was two-tier policing in the UK, branding it “very dangerous rhetoric”.

He said: “The reality is we serve the law. So if you break the law, it doesn’t matter what you look like or what your ideology is, if you commit a terrorist offence, you should be dealt with under the Terrorism Act. If you commit a public order offence, it should be dealt with under the Public Order Act.

“If you commit a hate crime, you should be dealt with under that legislation.

“I don’t think there’s anything two tier about it. I think it’s about whether you’ve reached that bar.”

What did Elon Musk say?

The billionaire owner of X called the prime minister “two-tier Keir” as he criticised his response to the riots.

He made the remark under a video showing large crowds of masked people gathered outside a pub in Birmingham, some waving Palestinian flags.

West Midlands Police have since said they have launched an investigation into violent disorder after a man was assaulted and the pub window was smashed.

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They added the the group were apologetic about a small number among them who caused the damage and have offered to pay for the repair, and they “will be making further enquiries to find the suspects”.

Responding to Musk’s comments, West Midlands Police Superintendent Emlyn Richards said two-tier policing “doesn’t exist” within the force, adding: “We are here to police without fear or favour.”

The concept has also been rejected by the prime minister, who said it was a “non-issue” and insisted policing was carried out “without fear or favour”.

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