Following years of campaigning for artistic freedoms to be enshrined in UK law, a new amendment proposed by Art Not Evidence to the Victims and Courts Bill is set to be debated in the House of Commons tomorrow (February 11). The amendment would ensure that creative works cannot be used against defendants in criminal proceedings, and follows an intervention coordinated by Art Not Evidence, which included a letter written to the UK Justice Secretary by rapper Giggs, Labour peer Baroness Shami Chakrabarti, folk musician Billy Bragg, and over 60 other senior legal and cultural voices. 

The proposed amendment arrives in response to the frequent misuse of lyrics as evidence in court, particularly in trials relating to Black British youth. For example, in the notorious Manchester 10 case in 2022, a prosecution KC argued that the defendants’ “interest in drill rap with its themes of violence, drugs and criminality” suggested that they were involved in gang culture. 19-year-old Ademole Adedeji was jailed for three years on the back of this argument, but his conviction was overturned on appeal last year. 

Elsewhere, pioneering UK drill artist Digga D lived for five years under a criminal behaviour order (CBO) that required him to vet all lyrics with the Metropolitan Police or risk being sent back to prison, and lyrics were also used as key evidence in the life sentencing of Hackney rapper Kay-O. “Does my love of the Godfather trilogy make me a gangster?” Baroness Chakrabarti asked about the new amendment. “If not, why should young black men in particular be stereotyped and criminalised for their taste in music. This amendment will protect freedom of expression and strengthen the integrity of fair trials.”

While not restricting the use of creative content in cases where the material clearly indicates a serious offence, the new amendment would ensure it is included only when genuinely relevant. Often, Art Not Evidence argues, rap lyrics in particular are used to fill evidential gaps and reinforce negative stereotypes to paint individuals as gang members.

The letter is supported by human rights organisation JUSTICE, and is signed by supporters from both legal and musical backgrounds, including: Jason Lartey, President of London Criminal Courts Solicitors’ Association; broadcaster DJ Semtex; journalist Ciaran Thapar; and Mark Davyd, CEO of the Music Venue Trust.