Revealed: List of flags that could be criminal offence to fly
AN official Police Scotland list of flags which could be a criminal offence to display includes the Irish tricolour, the Israeli and Palestinian flags and the Catalan and Basque flags – but not the Union Jack or Saltire.
A “restricted” document issued to officers was obtained by the Evening Times’ sister title, the Herald on Sunday using Freedom of information legislation.
It includes pictures of potentially criminal symbols and a brief description of the laws which may be broken if they are flown “in a provocative manner”.
Officers can charge perpetrators with Breach of the Peace or an offence under Section 38 of the Criminal Justice and Licencing (Scotland) Act 2010 and, if convicted in court, offenders who fly the flags could face up to five years in prison.
The Terrorism Act 2000 could also be used to prosecute offenders but only if flags are altered to contain a reference to proscribed organisations such as the Irish Republican Army or Ulster Volunteer Force.
Many of the flags included in Police Scotland’s list contain sectarian symbols and are often displayed by republican and loyalist groups during parades, while others are regularly seen on the terraces of Scottish football stadiums.
However, several flags are official symbols of countries and territories across the world, including the Catalan flag which is displayed by supporters of Scottish independence.
Human rights lawyer Aamer Anwar, who represents Catalan politician Clara Ponsati, said: “I think the idea the flying the flag of any country could be construed as a criminal offence is a step too far. The danger of such guidelines is that they leave too many grey areas.”
Experts on flags were reluctant to comment on the police list, which was provided to officers tasked with overseeing DUP leader Arlene Foster’s visit to Fife in June for an Orange Order event.
One academic, who asked not to be named, revealed vexillologists (flag historians) who have previously commented on sectarian flags and symbols had received death threats.
Chief Superintendent John McKenzie from Police Scotland’s Safer Communities said: “Often flags themselves are not the issue but the criminal conduct that accompanies them is. This could include, but is not limited to, threatening gestures or words, or flags being amended to show support for a proscribed terrorist group or amendments which constitute a hate crime.”