‘It’s not merely theoretical; many ludicrous cases have been prosecuted. The police arrested a student who held up a sign stating Scientology was a cult – surely a matter of opinion? Kyle Little, a 16-year-old from Newcastle, was fined £50 with £150 costs for saying “woof” to a labrador dog in front of police officers. Eventually the magistrates’ decision was overturned by a crown court. The very arbitrary nature of deciding what is insulting gives the police a power they can misuse. After a night out with friends, Sam Brown asked a police officer: “Excuse me, do you realise your horse is gay?” Police took Brown to court after he refused to pay an £80 fine. The CPS eventually dropped the case.

Criminalising “insult” has a detrimental effect on freedom of expression. The term is so broad that it creates legal inconsistencies. There is legal authority that defacing the American flag is a non-insulting form of protest but burning a poppy is criminally insulting. It makes little sense.’