Fred, I think this may have been the Guardian story

Prosecutors press for action against BNP leaflets

"Senior prosecutors are calling for the laws on race hate crimes to be strengthened to counter the threat posed by the British National party.

The threshold for securing a conviction is so high that far-right activists are able to evade prosecution for material that many people would consider to be threatening and racist, according to sources at the Crown Prosecution Service (CPS).

The offence, which was created under the Public Order Act, only applies to acts that take place or are witnessed in public so it does not cover leaflets that are pushed through people's letter boxes.
It also offers no protection against the publication of inaccurate or false information.

Several BNP leaflets have been referred to the CPS over the last five years – some by senior police officers and one by a judge – but no further action has been taken

In another incident, Derbyshire police alerted the CPS about a BNP election leaflet claiming three asylum seekers had raped a woman. The police said the rape claims were "unfounded", but the CPS said there were no grounds to prosecute under existing law. "Whilst those details in the leaflet regarding the alleged rape are factually incorrect, this in itself does not constitute a criminal offence," said a CPS spokesman at the time."