The five men, Ihjaz Ali, 42, Mehboob Hussain, 45, Umar Javed, 38, Razwan Javed, 28, and Kabir Ahmed, 28, are in the dock today on allegations they stirred up hate against homosexuals by handing out a leaflet called ‘The Death Penalty?’ outside and around Jamia Mosque in Rosehill Street Derby, UK.

The gay hate leaflet, said to have been distributed on July 2 and July 4, 2010, is understood to have called for homosexuals to be executed.

The prosecution, to be presided over at Derby Crown Court, is the first of its kind to be brought since legislation came into force in March 2010.

All five men are all charged with distributing threatening written material intending to stir up hatred on the grounds of sexual orientation contrary to section 29C (1) of the Public Order Act 1986.

Lawyer for the Crown Prosecution Service, Sue Hemming said: “The charges relate to the distribution of a leaflet, The Death Penalty?, outside the Jamia Mosque in Derby in July 2010 and through letterboxes during the same month.

“This is the first ever prosecution for this offence and it is the result of close working between the Crown Prosecution Service and Derbyshire Police.”

Ali, of Fairfax Road, Derby, faces four counts while Hussain, of Rosehill Street, Normanton, and Umar Javed, of Whittaker Street, Derby, are charged with two counts each.

Razwan Javed, of Wilfred Street, Derby, and Kabir Ahmed, of Madeley Street, Derby, are charged with one count each.

All five men deny the allegations.