Peers Table Amendment to restrict use of lyrics as trial evidence

Baroness Chakrabarti proposal would create presumption against artistic works

A cross-party group of peers and legal campaigners has launched a legislative initiative aimed at restricting the use of rap and drill lyrics as evidence in criminal trials, arguing that clearer statutory safeguards are required to prevent artistic expression from being treated as evidence of criminal intent.

Baroness Chakrabarti, the former shadow attorney general, has tabled an amendment to the Victims and Courts Bill, which is expected to be debated in the House of Lords this week. The proposed amendment would introduce a statutory presumption against the admissibility of creative works, including song lyrics and music videos, unless the prosecution can demonstrate that the material is literal in nature and directly relevant to the facts in issue.

The proposal has received support from the campaign group Art Not Evidence, which includes criminal barristers and academics concerned about the increasing use of drill music videos and lyrics in prosecutions, particularly in cases involving allegations of gang affiliation and bad character evidence under the Criminal Justice Act 2003.

Drafted with input from Keir Monteith KC, the amendment seeks to clarify that artistic expression should not ordinarily be treated as probative of a defendant’s character or intent. Speaking publicly about the proposal, Baroness Chakrabarti argued that artistic works are often figurative or fictional and risk being misunderstood when presented as literal evidence before a jury.

Campaigners contend that certain musical genres, particularly rap and drill, are more frequently relied upon in criminal proceedings, raising concerns about the potential for creative expression to be interpreted as autobiographical rather than performative. They argue that clearer legal guidance would assist courts in distinguishing between artistic content and evidential material.

One issue highlighted by supporters of reform concerns the use of expert evidence to interpret lyrics and slang. In some cases, police officers with specialist knowledge have been called to provide contextual interpretation for juries. Campaigners have suggested that clearer standards governing expert evidence in this area may be required to ensure independence and consistency.

Research cited by campaigners indicates that the use of such material has increased in recent years. A 2023 study identified more than 70 criminal trials between 2020 and 2023 in which rap lyrics or music videos were relied upon by the prosecution. The Crown Prosecution Service (CPS) has stated that individuals are not prosecuted solely on the basis of musical material, but that lyrics may be used where they are considered specifically relevant to an alleged offence, for example where they contain details linked to the conduct in question.

The amendment has attracted support from a number of peers, including Baroness Doreen Lawrence. If adopted, the proposal could alter prosecutorial approaches in cases involving allegations of organised or gang-related offending, requiring courts to apply a more structured assessment of whether artistic material demonstrates genuine evidential relevance rather than artistic performance.

The debate forms part of a wider discussion within criminal justice policy concerning how evolving forms of cultural and digital expression should be treated within evidential rules originally developed before the growth of online publishing and social media. The amendment’s prospects remain uncertain, but the issue is expected to generate further debate among legislators, legal practitioners and prosecutors in the coming months.