Rap on Trial: Lyrics as Evidence in UK Courts

Rap and drill lyrics are increasingly being used as evidence in criminal courts in England and Wales, and if you or a family member are facing a trial where lyrics, music videos or social media posts form part of the prosecution case, it is natural to ask how that is allowed and whether it can be challenged.

In Brief

Yes, rap and drill lyrics can be used as evidence in criminal trials in England and Wales. They are most often admitted as "bad character" evidence under the Criminal Justice Act 2003, or as evidence said to show knowledge, association or intent. Lyrics are rarely decisive on their own, and the defence can challenge whether they are relevant, reliable, or more prejudicial than probative. If lyrics or social media posts are part of the case against you, specialist advice matters.

• Legal Framework: The admissibility of lyrics is governed by Section 98 of the Criminal Justice Act 2003, which allows evidence of "misconduct" or "reprehensible behaviour" to be shown to the jury if it has specific relevance to the case.
• Prosecution vs. Defence: Prosecutors often argue that explicit references to rivalries or violent acts incite real-world harm. Defence solicitors, such as those at JD Spicer Zeb, argue that lyrics are a form of fictional artistic expression or a "musical persona" and should not be treated as literal admissions of guilt.
• High-Profile Examples: Courts have used lyrics in cases involving Digga D (leading to a Criminal Behaviour Order) and Loski (firearm possession), while in other cases, like Unknown T, defendants have been acquitted after successfully arguing lyrics were purely artistic.
• Social & Legal Concerns: Research suggests that the use of rap evidence disproportionately affects minority ethnic communities. Campaigns like "Art Not Evidence" seek to limit the use of creative expression in criminal proceedings to ensure a fair trial.
• The Role of CBOs: Convictions involving musical evidence can result in Criminal Behaviour Orders (CBOs), which may legally require artists to have their lyrics and music videos vetted by the police before release.

Over the past few years, there have been multiple instances of rap and drill lyrics being used to support criminal charges. When approached by the Guardian in 2023, the Crown Prosecution Service (CPS) stated that it “has never prosecuted anybody solely on the basis of their involvement with drill/rap music” but “drill/rap music may be of specific relevance to the case against a suspect, in which case it may be used as evidence.”

Research conducted with The University of Manchester’s Prosecuting Rap project identified more than 70 criminal trials from 2020-2023 in which rap evidence, including lyrics, music videos and audio recordings were used by police and prosecutors to build their cases.

This tells us that rap and drill lyrics often play a pivotal role in criminal trials. But what level of influence can these lyrics have? And can they decide the final outcome in a particular case?

The following article is for informational purposes and should not be taken as legal advice. If you need legal support with any criminal allegations and the prospect of lyrics being used as evidence against you, then please get in touch and our team can advise you.

How are rap and drill lyrics used as evidence in court?

The way rap and drill lyrics could be used as evidence in court can vary depending on a variety of factors and the particulars of a case:

Examples of legal precedents where rap and drill lyrics have been used as evidence in court include:

Digga D (Rhys Herbert)

In 2018, Rhys Herbert, known by his stage name Digga D, was convicted of conspiracy to commit violent disorder. His lyrics and social media posts were used as evidence to demonstrate his involvement in gang activities. The court placed a Criminal Behaviour Order (CBO) on him, restricting his ability to release music without police approval.

Det Ch Supt Kevin Southworth said at the time of the CBO being ordered: “When in this instance you see a particular genre of music being used specifically to goad, to incite, to provoke, to inflame, that can only lead to acts of very serious violence being committed, that’s when it becomes a matter for the police.”

Skengdo & AM (Terrell Doyley and Joshua Malinga)

In 2019, drill rappers Skengdo and AM were given suspended prison sentences for performing their song “Attempted 1.0” at a concert, which the authorities argued incited violence and promoted gang activity. The song and lyrics contained within had been banned previously by the police, and performing it was considered a breach of a gang injunction.

Loski (Jyrelle O’Connor)

In 2021, Jyrelle O’Connor, known as Loski, was convicted of possessing a firearm with intent to endanger life. During his trial, drill lyrics were used by the prosecution to argue that he was involved in gang violence via his association with the Kensington-based criminal gang, the Harlem Spartans. The defence argued that the lyrics were artistic expression and not an admission of criminal conduct.

Unknown T (Daniel Lena)

In 2021, Daniel Lena, known as Unknown T, was acquitted of murder charges. During the trial, prosecutors attempted to use his drill lyrics to suggest a propensity for violence. The defence successfully argued that the lyrics were fictional and part of his musical persona.

Are there any specific laws or guidelines in the UK regarding this practice?

Lyrics are not normally used by prosecutors as direct evidence of a confession or intention to commit a crime.

Rather, drill and rap lyrics can be used by the prosecution as an example of ‘bad character’ evidence. The admissibility of bad character evidence in court proceedings is defined in Section 98 of the Criminal Justice Act (CJA) 2003:

“References in this Chapter to evidence of a person’s ‘bad character’ are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which –

1. Has to do with the alleged facts of the offence with which the defendant is charged, or
2. Is evidence of misconduct in connection with the investigation or prosecution of that offence”

‘Misconduct’ is defined in Section 112 of the CJA as: “the commission of an offence or of other reprehensible behaviour”

Can rap and drill lyrics be used as evidence? Bad character evidence explained

Yes. In most cases, lyrics are admitted as "bad character" evidence, which is governed by Sections 98 to 113 of the Criminal Justice Act 2003. Bad character evidence is evidence of misconduct or a disposition towards misconduct that is not directly about the offence charged. Lyrics, music videos and social media posts can fall within this when the prosecution says they show, for example, gang association, knowledge of weapons, a motive, or a propensity to violence.

For the evidence to go before a jury, the prosecution must get it through one of the statutory "gateways", and the court has the power to exclude it where its admission would have an unfair effect on the fairness of the trial. This is where a defence team can make a real difference. Common lines of challenge include:

• Relevance. Lyrics are a creative form that uses persona, exaggeration and genre convention. The defence can argue that they are artistic expression, not a statement of fact about real events.
• Authorship and meaning. It may be disputed that the defendant wrote or performed the lyrics, or that slang terms mean what the prosecution claims.
• Prejudice outweighing value. Even where lyrics have some relevance, the court can exclude them if they are more prejudicial than probative, particularly given the risk of unfair assumptions.

We explain how this fits into the wider rules in our guide to the types of evidence used in criminal cases and how the police obtain this material in police powers to search your phone and social media accounts.

Why is drill music particularly targeted in these legal cases?

There are several potential explanations for drill music being specifically targeted in legal cases, particularly with regard to the admissibility of bad character evidence.

Violent and provocative lyrics

Drill music often contains explicit references to violence and crime. Prosecutors could argue that such references could be used to incite real-world violence or directly contribute to gang conflicts. In some cases, lyrics may reference violent acts that have already taken place or mention rival gangs.

Social Media and Online Platforms:

Drill music is frequently shared on social media and video platforms like YouTube. These platforms can amplify the reach of the music and its messages, potentially influencing a broader audience. Law enforcement agencies monitor these platforms to track gang activity and gather intelligence, which can then be used as evidence during a trial.

Real-World Impact

There have been instances where drill music videos and lyrics have been directly linked to violent crimes, including stabbings and shootings. Authorities believe that some drill artists use their music to boast about or threaten violence, which can have real-world consequences.

Community Concerns

Local communities and advocacy groups often express concerns about the impact of drill music on young people. They argue that the music can glamorise a dangerous lifestyle and negatively influence impressionable youth, leading to more crime and anti-social behaviour.

Is there a distinction between artistic expression and criminal intent in these cases?

There is understandable concern that the use of drill as evidence in criminal trials diminishes its place as a form of artistic expression.

Drill frequently uses violent language and imagery, but this is true of many different genres of music. An argument suggests that the ‘shock’ value of drill lyrics should not be taken at face value.

Digga D, whose lyrics were used as evidence in a case which resulted in him being subjected to a CBO, put forward the argument that lyrics alone do not necessarily dictate behaviour and other forms of media, such as violent video games, would not typically be cited in legal proceedings to demonstrate bad character.

A campaign was launched by Art not Evidence in 2023, backed by MPs and lawyers, which seeks to stop the use of creative and artistic expression as evidence in criminal trials.

Does the use of rap and drill lyrics in court disproportionately affect minority communities?

There is evidence to suggest that the use of rap and drill lyrics in court disproportionately affects ethnic minorities. Based on a report compiled by the Centre on the Dynamics of Ethnicity, in cases involving rap music in England and Wales, 84% of defendants were minority ethnic people, with 66% of those Black, compared with 4% of the overall English and Welsh population, with a further 12% Black or mixed.

Frequently asked questions

Can rap lyrics be used as evidence in court?

Yes. In England and Wales, rap and drill lyrics can be admitted as evidence, most commonly as bad character evidence under the Criminal Justice Act 2003. Whether they are admitted depends on relevance and fairness, which the defence can contest.

Are rap lyrics admissible in court?

They can be, but admissibility is not automatic. The prosecution must bring the lyrics through a recognised legal gateway, and the court can refuse to admit them if doing so would make the trial unfair.

Can song lyrics be used against you in court?

Yes, song lyrics and music videos can be used against a defendant where the prosecution argues they show association, knowledge or intent. They are usually one strand of a wider case rather than standalone proof.

Can lyrics alone lead to a conviction?

Rarely. Lyrics are generally treated as supporting evidence rather than proof of guilt by themselves, and a conviction normally requires other evidence. Their weight is for the jury, once a judge has allowed them in.

What is bad character evidence?

Bad character evidence is evidence of misconduct, or a tendency towards it, that is not about the offence charged. It is governed by the Criminal Justice Act 2003 and can include lyrics, previous convictions and reputation evidence.

Why is drill music in particular targeted in these cases?

Drill is associated in some prosecutions with gang activity and violence, which is why it features heavily. Critics, including the Art Not Evidence campaign, argue this risks unfairly criminalising a music genre and disproportionately affects young Black defendants.

If lyrics, videos or social media posts are part of a case against you, our criminal defence team can advise on challenging that evidence.

Are you facing a criminal trial?

We understand that facing a criminal trial can be extremely distressing, especially if it could lead to a prison sentence. It is vital that you have the strongest possible legal defence on your side if you are to achieve a positive outcome for your case.

Our criminal defence solicitors have over 45 years of experience in representing individuals facing a wide range of charges. This experience, coupled with our depth of expertise, ensures that we are in the best possible position to help you have charges dropped, or a sentence lowered if conviction is unavoidable.

We are highly skilled at handling and presenting the various types of evidence that are typically relied on by the prosecution, including the use of rap and drill lyrics as an admission of bad character. We can identify the flaws in the use of such evidence, as well as highlight any contrasting evidence that supports your position.

We have also been accredited by the Law Society for Criminal Litigation. Our experience has meant that we can demonstrate a strong track record of previous success and has helped us to build strong relationships with many of the country’s leading criminal defence barristers.

If you are facing a criminal charge, we are here to provide you with the support you need.

Related matters:

• Serious and violent crime
• Firearm and knife offences
• Murder/manslaughter
• Types of evidence used in law
• Police powers to search phone and social media accounts

Our related cases

• Man acquitted of all charges of assault at Highbury Corner Magistrates' Court - 2024
• No Further Action Common Assault Wood Green Police Station - 2024

Fees and funding

When you work with our team, we will always be open and transparent about the likely fees that will be related to your case.

If you need to attend court in relation to criminal charges, Legal Aid may become available. Whether you can access Legal Aid will depend on whether the grant of public funding is justified.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.          

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Contact us today:

• London: 020 7624 7771
• Birmingham: 0121 614 3333
• Manchester: 0161 835 1638
• 24/7 Emergency Line: 07836 577 556

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556