There doesn't have to be an instruction. The instruction in the Lucy Connelly case was negated by her saying 'for all I care'. She was still deemed to be inciting racial hatred against that well known race of people, asylum seekers. That doesn't mean that what she said wasn't hateful and despicable but it comes back to the earlier discussion of how judges have wide powers to interpret the law and the sentencing guidelines. Judges are not automatons and there's been a huge amount of literature written about the liberty they use in their interpretation of the law.
Likewise, with that same liberty, they also find people guilty of intending to stir up racial hatred with no instruction attached (including multiple people after the Southport murders) so it's astonishing that nobody has been charged with this crime. Do you really think death threats accompanied by slurs of racial hatred are not inciting racial hatred?
On the second point, I don't know why they want to delay things but lots of people are seeing the delay as a cover-up in the absence of a reasonable explanation from the CPS. Likewise for the Simon Danczuk death threats/distributing material with the intention of stirring up racial hatred.