In an era of increasing public scrutiny and legislative challenges, your right to peaceful protest is more vulnerable than ever. The landscape of public demonstrations has become complex, and the expanding police powers have the potential to infringe on your fundamental civil liberties.
However, if you feel that you faced unjustified arrest or excessive force you do have rights and an expert solicitor can advise you.
The UK guarantees the right to protest through both common law and the Human Rights Act 1998, which incorporates the European Convention on Human Rights. Article 11 of the ECHR protects freedom of assembly, while Article 10 guarantees freedom of expression. However, authorities can impose restrictions, provided they are lawful, necessary, and proportionate. As the landscape of protest in the UK evolves, with increased scrutiny on public order policing and new legislative challenges, the need for strong legal protections against unlawful interference with protests is more important than ever.
What Can Go Wrong: Common Challenges Protesters Face
Protesters frequently encounter legal obstacles that can compromise their rights:
- Excessive police force during demonstrations
- Unjustified arrests without reasonable grounds
- Restrictions on movement and protest access
- Unwarranted surveillance
- Arbitrary protest dispersal
The primary legislation governing public order and protests in the UK is the Public Order Act 1986. It grants the police powers to control protests and manage public gatherings.
Section 14: Police can impose conditions on protests if they
believe it could cause serious disruption, harm to property, or
risk to public safety. Conditions may include limiting the start
time, location, duration, and number of participants.
Section 14A: Allows the police to impose conditions on processions (e.g., marches) if they think the protest could result in public disorder, damage, or serious disruption.
The recent Police, Crime, Sentencing and Courts Act 2022, significantly expanded police powers during protests, leading to considerable controversy. The act introduced stricter measures regarding protests that cause "serious disruption" to the public or services. Including:
Serious Disruption Prevention Orders: These can be used to target individuals involved in disruptive protest activity, limiting their right to participate in future protests.
"Lock-on" devices: The use of devices that attach protesters to objects (e.g., concrete blocks, cars, etc.) can lead to an arrest. Police now have enhanced powers to stop and arrest individuals using such devices.
"Static protests": Police can impose restrictions on protests where they believe they are causing "serious disruption" to public life. This can include protests outside airports, newspapers, and other public-facing institutions.
Your Legal Protections: Know Your Rights
Constitutional Safeguards
- Human Rights Act 1998 guarantees freedom of assembly (Article 11)
- European Convention on Human Rights protects freedom of expression (Article 10)
Key Legislative Protections
- Public Order Act 1986 provides frameworks for lawful protests
- Limits on police powers to impose conditions on demonstrations
Recent Legislative Challenges
The Police, Crime, Sentencing and Courts Act 2022 has significantly expanded police powers, introducing:
- Serious Disruption Prevention Orders
- Enhanced arrest powers for "lock-on" protest techniques
- Broader restrictions on "static protests"
Your Legal Remedies
When your right to protest is threatened, Duncan Lewis Solicitors offers comprehensive legal support through:
- Judicial Review Challenge unlawful decisions by public authorities, ensuring your demonstrations remain legally protected.
- Civil Actions Seek damages for rights violations, including unlawful detention or excessive force.
- Criminal Complaints File formal complaints against police misconduct, escalating to the Independent Office for Police Conduct if necessary.
- European Court of Human Rights A final recourse if domestic legal channels are exhausted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
