Protesting is an essential part of democratic expression in the UK. It allows people to voice concerns, challenge injustices and raise awareness about important issues.
However, recent laws such as the Police, Crime, Sentencing and Courts Act 2022, have changed how protests are regulated, narrowing the scope of lawful protests.
To understand your rights and avoid legal issues, it’s important to know when a protest may be considered unlawful in the UK. Here’s what you need to know.
Your legal right to protest in the UK
Article 11 of the European Convention on Human Rights (ECHR) guarantees the right to peaceful assembly, brought into UK law by the Human Rights Act 1998.
This right is conditional and can be restricted to protect public safety, health, or the rights of others. Knowing your legal rights to protest helps ensure compliance with protest restrictions in the UK.
What makes a protest illegal?
Certain actions during a protest can make it illegal. These actions are defined by UK law, particularly under the Public Order Act 1986 and the Police, Crime, Sentencing and Courts Act 2022. These acts define the threshold for illegal protests in the UK:
- Violence or threats of violence: Any physical altercation or threat of harm during a protest makes it illegal. This includes aggression towards police officers, protesters or bystanders.
- Damage to property: Vandalism or destruction of property, such as damaging vehicles, buildings or public monuments is prohibited during protests.
- Blocking roads without permission: Protesters who block major roads or disrupt traffic without consent can face legal consequences, including arrest or fines. (Highways Act 1980).
- Intimidation or preventing others from exercising their rights: Protests that prevent others from going about their daily business, such as attending work or using public services, are also deemed unlawful.
Under the Public Order Act 1986, illegal behaviour includes:
- Causing harassment, alarm or distress
- Using threatening or abusive language
Recent changes to UK protest laws
Recent changes to protest laws have granted the police more power to manage protests. The Police, Crime, Sentencing and Courts Act 2022 and the Public Order Bill introduced significant measures:
- Noise restrictions: Protests causing excessive noise, especially when it disrupts communities, are subject to regulation.
- Harsher penalties for road-blocking: Blocking major transport routes can now result in heavier fines or imprisonment.
- Expanded police powers to impose conditions on protests: Police can impose conditions on protests, such as restrictions on time, location and the number of participants, to reduce the risk of public disorder.
- Serious Disruption Prevention Orders (SDPOs) for repeat offenders: Individuals who repeatedly cause significant disruption during protests can be subjected to SDPOs, which limit their ability to protest in the future.
- Expanded stop-and-search powers: Police now have broader powers to stop and search individuals participating in protests, especially if they suspect people may be carrying items that could lead to disorder.
How police can restrict protests
Police can impose conditions to:
- Prevent public disorder
- Protect national security or health
- Ensure public safety or safeguard others’ rights
Restrictions may include limits on time, location or attendance. Non-compliance with these protest restrictions in the UK can lead to prosecution.
Examples of legal vs. illegal protests
Familiarising yourself with the difference between a legal and illegal protest can help you avoid legal trouble while exercising your right to free expression.
Examples of legal protests
- A peaceful march: Protesters organise a march, inform the authorities in advance, follow an agreed route, and ensure there is no violence or damage to property.
- A demonstration in a public space: A group gathers in a park or town square, holding signs and chanting slogans, without obstructing traffic or intimidating others.
- Picketing outside a workplace: Protesters stand outside a company’s headquarters to raise awareness about an issue, without using threatening behaviour or preventing employees from entering.
- Silent vigils or sit-ins: Protesters stage a silent demonstration in a designated area, ensuring they do not disrupt essential services or public order.
- Digital protests and petitions: Online activism, such as mass emails to politicians or social media campaigns, falls within legal protest actions as long as it does not involve harassment or illegal hacking.
Examples of illegal protests
- Blocking roads and transport networks: Sitting or standing on a motorway, railway, or airport runway without permission can lead to prosecution under the Highways Act 1980 and the Police, Crime, Sentencing and Courts Act 2022.
- Damaging property: Spray-painting buildings, smashing windows, or vandalising public monuments are criminal offences and can lead to arrest.
- Encouraging violence or public disorder: Calling for violent actions, engaging in riots, or attacking police officers turns a protest into an illegal gathering under the Public Order Act 1986.
- Intimidating or obstructing workers: Preventing employees from entering their workplace or physically blocking the entrance goes beyond peaceful picketing and may result in legal consequences.
- Failing to comply with police conditions: If police impose restrictions on time, location, or noise levels, ignoring these conditions could lead to arrest.
Penalties for illegal protesting
Penalties for illegal protests can vary:
- Fines: For offences under the Public Order Act 1986, such as causing harassment or distress.
- Imprisonment: Serious offences, like violent disorder or road-blocking, can lead to imprisonment.
- Breaching SDPOs: Individuals who breach an SDPO face additional penalties, including further restrictions or jail time.
Your rights if detained for protesting
If detained during a protest, you have rights under the Police and Criminal Evidence Act 1984 (PACE). These rights include:
- The right to legal counsel: You can request to speak to a lawyer.
- The right to remain silent: You do not have to answer police questions unless legally required.
- The right to humane treatment: You must be treated fairly while in custody.
If you believe your detention was unlawful or your rights were violated, it’s important to gather evidence and seek legal advice.
Protecting your right to protest safely
Protesting is a vital democratic right, but knowing what the limits are is essential. If you believe your rights have been violated, whether through unlawful detention, excessive force, or police misconduct, our expert team at Injury Lawyers 4U can help. We offer expert legal advice to ensure you receive the support and compensation you may be entitled to. Contact us today to discuss your case, or use our compensation calculator to see how much your claim could be worth.