Some of the anti-fascist activists who were arrested in Bolton face potential charges of conspiracy to incite violent disorder. Use of conspiracy laws is a highly unusual and very worrying step, which threatens both anti-racist activity and wider civil liberties. Here is a three-point guide that illustrates the danger of such charges.

Breadth of scope for the prosecution…

A conspiracy charge on the one hand is very narrow in that the prosecution only have to prove that there was an agreement, a plot to commit a crime. The plot is the criminal act itself. However in another way it is a very broad charge in that the agreement can be proved by inferences – that is circumstances from which it can presumed.

No need for actual disorder…

A conspiracy to commit violent disorder would be an agreement to commit violent disorder. The actual violent disorder need not have taken place, if the plot or agreement can be proved. That means the prosecution only have to prove a plot and can draw on what evidence they like that could infer there was a plot.

No need for alleged ‘conspirators’ to correspond…

A conspiracy can exist between persons who have neither seen nor corresponded with each other.