New guidance for the PSNI on the removal of illegal flags in Northern Ireland was sparked by a number of anti-immigration hate incidents.
In January 2026, a new service instruction based on the National Decision-Making Model provides practical guidance to police officers and staff on how the PSNI should respond to, report, and investigate incidents involving displays in public places.
A spokesperson for the PSNI confirmed the development follows a number of hate incidents in 2023, when anti-immigration signage was placed in a number of towns and housing areas across Northern Ireland.
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The service instruction details that complaints to police arising from the public display of words, flags, and emblems considered by complainants to be offensive are a “near daily occurrence” in Northern Ireland, but “spike seasonally and in response to contentious events”.
The PSNI have faced criticism when it has failed to act or for not acting consistently, with the service instruction clearly setting out the organisation’s position to ensure consistency in its approach.
The document explains: “When the display of any material constitutes an offence the PSNI has an obligation to act, in particular where the continued display of the material is or will cause harm.”
Chief Superintendent Gillian Kearney said: “As a police service, we are dedicated to safeguarding people and property while taking action against any offenders of hate crime incidents.
“There has always been guidance available to our officers on the steps that can legally be taken in regard to complaints on public displays. This has now been developed into a service instruction which outlines clearly when to act and how to respond.
“The primary responsibility for removing material remains with the material’s owner, or the owner of the street furniture or property where it’s displayed. However, where any offences have been committed, the circumstances will be investigated within statutory functions, and in accordance with law and Human Rights obligations.
“Our officers, who are well supported by this information, will engage and work with local community representatives and partner agencies in relation to any complaints about displays in public spaces.”
When a display is reported, police make a number of enquiries to see “whether there is reasonable suspicion an offence has occurred.” These include the content of the material, the location of the material and the owner of the property to which it is affixed, the context of the area in which it is visible, the existence of complaints about its presence, any ongoing issues in Northern Ireland (protests/unrest), or any legal advice obtained from PSNI Legal Services.
Expanding on this, the document adds: “There are a number of Public Authorities that have obligations in relation to the display of material and are conferred statutory powers that extend to the power to lawfully remove. For example the Department for Infrastructure (DfI), as the owner of much of the street furniture, plays a critical role in addressing issues related to the display of material on their furniture.
“Engagement with the DfI is important to ensure any early actions can be considered by them (with PSNI assistance as required) following appropriate assessment to ensure all public authorities are European Court of Human rights (ECHR) compliant and any action taken is lawful, proportionate and respectful of community relations.”
A Department for Infrastructure spokesperson said: “The problem of illegally erected flags is totally unacceptable. The Department welcomes this announcement from the PSNI and will continue to engage with them.”
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