Labour's plans for an official definition of Islamophobia will be used to object to police investigating Muslims for criminal offences, a lawyer claimed.
Prior to her resignation earlier this month, former Deputy Prime Minister Angela Rayner set up a group to advise the Government on "appropriate and sensitive language" to use when discussing "unacceptable treatment, prejudice and discrimination against Muslims".
Tom Cross KC has however, said the definition could be seen as having an impact on decisions around sentencing.
According to The Times, Mr Cross said it is "reasonable to suppose that, beyond informing decisions provided for by statute, such a definition would in practice be relied on in objecting to the use of powers by the police and security services to investigate persons who happen to be Muslim for criminal offences, including of the most serious violent or sexual nature."
A Government spokesman said this was "nothing but speculation".
"We would not accept any definition of anti-Muslim hatred which stops criminals being investigated and arrested, the spokesman said.
"Our priority is to tackle crime and defend freedom of speech."
The working group set up by Labour to advise on the definition of Islamophobia is chaired by the former attorney general, Dominic Grieve.
It was launched after incidents of anti-Muslim hatred reached the highest number on record in 2024, according to the Government.
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A Government spokesman said it would 'not accept' a definition of Islamophobia which stops criminals being investigated
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Sources told The Times that any definition given by the group would be "non-statutory", but Mr Cross said it may still not be "free from legal constraint" if adopted by the Government.
A number of campaigners have warned against work to create an official definition of Islamophobia, including the Free Speech Union.
Union director, Lord Toby Young, wrote to Ms Rayner this summer and warned it would treat Islamophobia as a type of racism, thereby threatening free speech and stifling legitimate criticism of Islam as a religion.
In his letter, Mr Young also said the consultation questions appeared "heavily weighted" in favour of a "predetermined outcome", endorsing a definition "closely aligned" with that put forward by the all-party parliamentary group (APPG) on British Muslims.
Union director, Lord Toby Young, wrote to Angela Rayner this summer over Labour's plans for the Islamophobia definition
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The APPG definition, adopted by the Labour Party in 2019, describes Islamophobia as "rooted in racism" and "a type of racism that targets expressions of Muslimness or perceived Muslimness".
The Muslim Council of Britain (MCB) is among those who have pressed the Government to adopt the APPG's contentious definition.
"The Muslim Council of Britain welcomes the government's interest in tackling Islamophobia, but rather than reinventing the wheel, we urge them to adopt the APPG definition," the MCB told Middle East Eye back in February.
Other faith groups fear the definition is too expansive, with the Hindu Council previously warning that it will "harm not only the Hindus, but we believe the 99 per cent of like-minded Muslims too".
Mr Grieve told GB News in July that plans to draw up a definition of Islamophobia will not result in a blasphemy law "by the back door".
He said: "Look at our terms of reference.
"They make absolutely explicit that we will not introduce some blasphemy law to protect religion, whether it's Islam or anything else, by the back door."