How could the country’s biggest police force have scored such a spectacular own goal?
In a lengthy statement , Sir Mark Rowley, the Metropolitan Police Commissioner, defended his force’s actions, insisting there had been “reasonable grounds” to believe an offence had been committed.
He also acknowledged that the arrest had caused concern and said the police needed greater clarity around the law.
Rowley said: “While the decision to investigate and ultimately arrest the man was made within existing legislation – which dictates that a threat to punch someone from a protected group could be an offence – I understand the concern caused by such incidents, given differing perspectives on the balance between free speech and the risks of inciting violence in the real world.”
As if to illustrate the level of confusion that exists around these laws, critics seized on the statement, suggesting even the Commissioner does not understand the legislation.
Harry Miller, a former police officer who set up the organisation Fair Cop, to remove politics from policing said: “It appears from Sir Mark Rowley’s statement that even he – the most senior officer in the country – does not understand the law.
“Trans-identifying men do not possess a protected characteristic and have no right to be protected from offence by an armed wing of the state.”
He went on: “Officers need to learn the law, understand the law, and apply the law, rather than going off on these reckless flights of fancy.”
It is believed the saga began when a trans activist contacted the Metropolitan Police after Linehan published a post on the X platform on April 20 that read: “If a trans-identified male is in a female-only space, he is committing a violent abusive act. Make a scene, call the cops and if all else fails, punch him in the balls.”
The previous day he had posted a picture of what appeared to be a trans rally with the caption: “A photo you can smell.”
He followed it up with the comment: “I hate them. Misogynists and homophobes. F*** ’em.”
The complaint was in all likelihood passed to a junior officer, either a police constable or detective constable who would have had to decide if the matter should be investigated further.
They would have used their understanding of the law and any guidance around it, while also assessing what evidence was available.
They would have assessed whether the suspect could be identified and decided how to approach the matter.
It would be clear to anyone reading the tweets who the author was, as Linehan had openly claimed responsibility.
Had Linehan lived in the United Kingdom, it is possible the officer in the case might have contacted him at home either by telephone or email, or via a home visit, to ask him to discuss the matter further.
However, because Linehan moved to Arizona in the United States last year, this may have proved more difficult.
It is not clear whether any attempts were made to contact him remotely or whether the officer was unable to locate a contact address.
At some stage, therefore, it is thought his name was added to the Police National Database (PND) and marked as “wanted/missing”.
Had Linehan not returned to the UK, the matter might not have gone any further, but on Tuesday NZT he flew back before an appearance at Westminster magistrates’ court.
The flight manifest, listing all passengers, would have been cross-checked with the PND as a standard procedure to make sure there were no wanted criminals about to arrive in the country.
When Linehan’s details were uploaded, it would have been flagged to Scotland Yard’s Heathrow unit that he was wanted for questioning on suspicion of a public order offence.
While the presence of armed officers might seem like overkill, in fact police working at the airport are armed as standard.
Linehan, who was bailed by police on condition he does not post on X, has announced his intention to sue the Met Police for wrongful arrest and a breach of his freedom of speech.
Officers ‘need law clarified’
Rowley has called on Parliament to provide more clarity to police forces around these increasingly contentious issues.
He has also announced plans to introduce an improved triage system for similar situations in the future.
He said: “I don’t believe we should be policing toxic culture wars debates, and officers are currently in an impossible position. I have offered to provide suggestions to the Home Office on where the law and policy should be clarified.
“Greater clarity and common sense would enable us to limit the resources we dedicate to tackling online statements to those cases creating real threats in the real world.
“If agreed, we could be ready to test new approaches quickly – within a matter of weeks.
“As an immediate way of protecting our officers from the situation we find ourselves in today, we will be putting in place a more stringent triaging process to make sure only the most serious cases are taken forward in future – where there is a clear risk of harm or disorder.”
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