EXPLAINER: Palestine Protests

Disclaimer: this article is for general information. It’s not intended to be used as legal advice. For information on how to get legal advice, please see our page here or find contact details of law firms with protest law expertise on our bust cards.

The information below was correct as of 8 February 2024.

This page sets out the law which applies in England & Wales only.

On 10 October 2023, the Home Secretary Suella Braverman wrote a letter to Police Chiefs in England and Wales. The letter specifically targeted Palestinian solidarity protests.

What did the Home Secretary’s letter say?

In her letter, the Home Secretary:

• emphasised that Hamas is a ‘proscribed terrorist organisation’ and listed corresponding terrorism offences (addressed below).
• encouraged police to “consider whether chants such as “From the river to the sea, Palestine will be free” should be understood as an expression of a violent desire to see Israel erased from the world, and whether its use in certain contexts may amount to a racially aggravated section 5 public order offence.” (addressed below)
• suggested that:
  “Behaviours that are legitimate in some circumstances, for example the waving of a Palestinian flag, may not be legitimate such as when intended to glorify acts of terrorism. Nor is it acceptable to drive through Jewish neighbourhoods, or single out Jewish members of the public, to aggressively chant or wave pro-Palestinian symbols at.”
• encouraged Chief Officers to deploy a “strong police presence” at “any protests which could exacerbate community tensions by way of offensive placards, chants, or behaviours that could be construed as incitement or harassment”, so that “perpetrators are appropriately dealt with, and that communities feel protected.”
• urged Chief Officers “to ensure [their] forces use all available powers to prevent disorder and distress to our communities, and that your officers will act if there are any incidents that stray into criminality.”

On 11 October 2023, Greater Manchester Police arrested a young protester wearing a Palestinian flag, reportedly for ‘breach of the peace’ (explained below).

The Home Secretary’s letter created understandable uncertainty as to whether Palestine solidarity protesters could safely carry/wave flags or chant.

Your rights have not been changed by the Home Secretary.

Chanting “from the river to the sea” or waving a Palestinian flag does not, in itself, constitute a terrorism or public order offence.

On 12 October 2023, the Deputy Commissioner of the Metropolitan Police wrote an open letter to London Jewish communities which, among other things, emphasised the legal distinction between support for Palestinians and support for Hamas:

“What we cannot do is interpret support for the Palestinian cause more broadly as automatically being support for Hamas or any other proscribed group, even when it follows so soon after an attack carried out by that group and when to many the link seems indisputable.

An expression of support for the Palestinian people more broadly, including flying the Palestinian flag, does not, alone, constitute a criminal offence.”

Other statements/interventions

On 23 October 2023, the Home Secretary criticised the Met’s policing of ongoing protests, in particular their decision not to arrest protesters chanting “jihad”. She is reported to have told him that “there can be no place for incitement to hatred or violence” and that police “must crack down on anyone breaking the law.”

Met Commissioner, Sir Mark Rowley, responded by saying that the police can only enforce the law, and “cannot enforce taste or decency”. He further suggested that “the law we have designed around hate crime and terrorism in recent decades hasn’t taken full account of the ability extremist groups to steer around those laws and propagate some pretty toxic messages through social media”, adding that “those lines probably need redrawing.”

Former Chief Constable of Greater Manchester Police, Peter Fahy, indicated that, in making these interventions, the Home Secretary was “in danger of crossing that line [of respecting the operational independence of the police].”

On 29 October 2023, Sir Mark Rowley further suggested that “there is scope to be much sharper in how we deal with extremism in this country” and that the Met “will robustly enforce up to the line of the law” at ongoing Palestine protests.

“We’re going to be absolutely ruthless and we have been and you’ll see many more arrests over the next week or so.”

The Home Secretary referred to ongoing Palestine solidarity protests as “hate marches” indicated that the Government will “not hesitate” to change the law “if there is a need.”

Below we will explain the relevant laws for those protesting in solidarity with Palestine.

Your right to protest

You are legally allowed to express support for/solidarity the Palestinian people, and criticise the actions of Israel, including in the form of a protest.

Your right to protest is protected by Article 10 and Article 11 of the European Convention on Human Rights (“ECHR”) and given effect in the UK through the Human Rights Act (“HRA”) 1998, which:

• requires ‘public authorities’ (including the police) to act in a way that is compatible with your rights; and
• allows you to bring a claim in UK courts when your rights are violated by a public authority.

More information about how the HRA 1998 works is available here.

The police also have an obligation – stemming from Article 10 and 11 – to facilitate protests (i.e. take active measures to ensure that your protest, where possible, can take place).

Your Article 10 and Article 11 rights are ‘qualified’, however. This means that the police can lawfully restrict them, but only where it is:

• in accordance with law (e.g. using their powers under the Public Order Act 1986);
• for a ‘legitimate aim‘, set out in Articles 10 and 11 themselves (they include preventing crime or disorder, or protecting the rights of others); and
• proportionate (there are no other less restrictive measures available to the police to achieve their ‘legitimate aim(s)’).

More information about how you can use the HRA 1998 to challenge the actions of the police during a protest is available here.

What restrictions can the police impose on your protest?

A Chief Constable/Police Commissioner (or delegated to Assistant Chief Constable, or, if in London, Assistant/Deputy Commissioner or Commander) – or the most senior officer on the ground – can impose any ‘conditions’ (or restrictions) on a protest they think are necessary (typically location, duration and/or size, but could be more specific e.g. you must march on the pavement), but only if they reasonably believe that:

• the protest may result in “serious public disorder” / “serious damage to property” / “serious disruption to the life of the community”; or
• the noise generated by the protest may result in “serious disruption to the activities of an organisation” active nearby / may have a “relevant [and “significant”] impact on persons in the vicinity”; or
• the purpose of the protest is “intimidation of others”.

Any conditions the police impose before the protest should be communicated to the organiser(s) in writing by the relevant police force’s Commissioner or Chief Constable.

If the police decide to impose any conditions during the protest, these should be communicated to the organiser(s) by the most senior police officer on the ground.

The police imposed the following conditions on the Palestine solidarity protest that took place on 14 October 2023:

• protesters “participating in or associated with the ‘Palestine Solidarity Campaign’ protest” were restricted to a specified route, under Section 12 of the Public Order Act 1986; and
• protesters “participating in or… associated with the London Palestine Protest or Palestine Solidarity Campaign” were prohibited from gathering outside the Israeli embassy on specified roads, under Section 14 of the Public Order Act 1986.

These raise a number of important concerns:

• The police can impose conditions on people organising or taking part in a protest, but not people merely “associated with” a campaign group.
• Section 12 allows the police to place conditions on the route, but it does not allow the police to prevent people from leaving the route at all. The condition (which stated that protesters “must not deviate from the route”) had the effect of prohibiting anyone associated with the protest from leaving the route for any reason, including e.g. to access a toilet, or food & water.
• This condition amounted to a ban on expressing support for/association with Palestine Solidarity Campaign anywhere other than on the route of the protest (i.e. anywhere else in London at that time). The police do not have the power to ban protests under Section 12 and so this condition was unlawful.

The following similar conditions were imposed on the Palestine solidarity protests on 21 October 2023:

• protesters ‘participating in the Hizb ut-Tahrir Britain’ march and protesters ‘participating in the Palestine Solidarity Campaign’ march were restricted to specified routes, under Section 12 of the Public Order Act 1986; and
• protesters ‘participating in the Palestine Solidarity Campaign or the Hizb ut-Tahrir Britain protest’ were prohibited from gathering outside the Israeli embassy on specified roads, under Section 14 of the Public Order Act 1986.

Similar conditions were imposed on the Palestine solidarity protest on 28 October 2023:

• people involved in the procession were restricted to a specified route, under Section 12 of the Public Order Act 1986; and
• people involved in the procession were prohibited from gathering outside the Israeli embassy on specified roads, under Section 14 of the Public Order Act 1986.

When can the police ban protests?

Stationary protests

A Chief Constable/Police Commissioner (or delegated to Assistant Chief Constable, or, if in London, Assistant/Deputy Commissioner or Commander) can prohibit stationary protests

• within a 5 mile radius
• for up to 4 days
• with the Home Secretary’s consent

but only if they reasonably believe that a planned protest:

• is likely to be trespassing (on land with no/limited public access without permission); and
• may cause “serious disruption to the life of the community” / “significant damage” to important land, buildings or monuments.

Protest marches

A Chief Constable/Police Commissioner (or delegated to Assistant Chief Constable, or, if in London, Assistant/Deputy Commissioner or Commander) can prohibit protest marches

• in a specific area
• for up to 3 months
• with the Home Secretary’s consent

but only if they reasonably believe that:

• because of the particular circumstances in that area
• conditions would be insufficient to prevent serious public disorder.

If outside London, the Chief Constable/Assistant Chief Constable must first apply to the local council, who then can make an order with the Home Secretary’s consent.

Any decision to prohibit protests must be made with your Article 10 and Article 11 protest rights – and the police’s obligation under the Human Rights Act 1998 to act in a way that is compatible with your rights – in mind. They should only happen in exceptional circumstances.

British Transport Police, in response to a planned sit-in Palestine solidarity protest at King’s Cross Station on 3 November 2023, prohibited protests at the station.

In response to a planned Palestine solidarity protest on 11 November 2023 calling for a ceasefire in Gaza, the Metropolitan Police has said it is “not appropriate” to hold protests on Armistice Day, and are asking organisers to “urgently reconsider”.

Protest offences

Below, we explain the offences that have been applied (and may be applied) by the police at ongoing Palestine solidarity protests in the UK, including:

• the common law power in England & Wales to prevent ‘breach of the peace‘;
• ‘harassment, alarm or distress‘ under Section 5 of the Public Order Act 1986 (and aggravated versions of the offence);
• failing to remove a face covering under Section 60AA of the Criminal Justice & Public Order Act 1994;
• breaching a dispersal order under Section 35 of the Anti-social Behaviour, Crime & Policing Act 2014;
• ‘public nuisance‘ under Section 78 of the Police, Crime, Sentencing & Courts Act 2022;
• interfering with use/operation of key national infrastructure, under Section 7 of the Public Order Act 2023;
• breaching conditions imposed on a protest under Section 12 or 14 of the Public Order Act 1986;
• organising/participating in a prohibited protest, under Section 14 of the Public Order Act 1986;
• terrorism offences (including ‘supporting proscribed organisations’, ‘glorifying terrorism’ and offences relating to wearing clothing or carrying flags) under the Terrorism Act 2000 and Terrorism Act 2006.

‘Breach of the peace’

What is ‘breach of the peace’?

In England & Wales, ‘breach of the peace’ is defined as an act which:

• harms a person, or their property (in their presence); or
• is likely to harm a person or their property (in their presence); or
• puts a person ‘in fear‘ of being harmed or their property being harmed.

i.e. ‘breach of the peace’ = violence or threatened violence towards people or property.

‘Breach of the peace’ is not a criminal offence in England & Wales, and you cannot be charged with or convicted of it. Instead, the police have the power to arrest you where you have breached, or are about to breach, the peace, and you may then be subject to a court order requiring you to refrain from breaching the peace.

The arrest must only be for the purposes of preventing a breach of the peace or bringing it to an end. Therefore, the police must release you once it is clear that you no are longer breaching, or about to breach, the peace.

If your behaviour is lawful, but harm is still likely (e.g. because others might be provoked to commit violence), exercising the power of arrest must be exceptional – ‘only in the clearest of circumstances, and when they are satisfied on reasonable grounds that a breach of the peace is imminent.’

In some circumstances, a breach of the peace may also involve other offences (e.g. assault or criminal damage). You might therefore be charged with such offences, depending on the circumstances.

What happens if you are arrested for ‘breach of the peace’?

If you are arrested for breach of the peace, you may be:

• de-arrested or, if taken to a police station, released from police custody if, at any point, there is no longer a real danger that you will breach the peace in the near future; or
• brought to the magistrates’ court and given a court order to keep the peace – known as ‘binding over to keep the peace’. The court must specify the conduct or behaviour you must refrain from doing. If you refuse to consent to the court order, the court has the power to imprison you for up to six months or (if sooner) until you consent to the order. If you breach the court order to keep the peace, you can be charged with contempt of court. However, you can appeal the magistrates’ court order in the crown court.

‘Breach of the peace’ is a very broadly-framed legal concept, giving the police considerable power, and has been misused by police officers.

If you are arrested for breach of the peace, it may be advisable to talk to a solicitor who specialises in ‘actions against the police’ to establish whether the power was used lawfully or not. More information on how you can find a lawyer is available here. Specialist actions against the police solicitors’ firms can be found here.

‘Harassment, alarm or distress’

In England & Wales, Section 5 of the Public Order Act 1986 provides for the offence of ‘harassment, alarm or distress’. To commit this offence, you must be:

Note that you don’t have to actually cause another person to be harassed, alarmed or distressed to commit this offence.

However, you can only be guilty of this offence if:

• you intended (or were at least aware) that your words / behaviour /written representations would be ‘threatening or abusive’; or
• you intended (or were at least aware) that your behaviour would be ‘disorderly’.

It is a defence for you to prove that (more likely than not):

• you had ‘no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress’; or
• your conduct can be said to have been ‘reasonable‘.

If you are convicted of this offence, you may be liable for a fine of up to £1000.

‘Racially or religiously aggravated’

A person who commits an offence under Section 5 which is ‘racially or religiously aggravated‘ may be imprisoned for up to two years. Under Section 28 of the Crime and Disorder Act 1998, an offence is ‘racially or religiously aggravated’ if:

• at the time of committing the offence, or immediately before or after doing so, you demonstrate hostility towards the victim, based on their membership (or presumed membership) of a racial or religious group; or
• the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

Section 4A of the Public Order Act 1986

Note that there is an additional, more serious offence under Section 4A of the Public Order Act 1986, for circumstances in which you:

• use ‘threatening, abusive or insulting’  words or behaviour with the intention of causing harassment, alarm or distress to another person; and
• you actually cause harassment, alarm or distress to another person.

If convicted of this more serious offence, you are punishable with:

• imprisonment for a term not exceeding 6 months; or
• an unlimited fine; or
• both.

‘Public Nuisance’

Under Section 78 of the Police, Crime, Sentencing & Courts Act 2022, it is an offence to intentionally or recklessly do something / fail to do something you are legally required to do, which…

• risks or causes ‘serious harm’ to the public; or
• obstructs the public in the exercise/enjoyment of their rights.

It is a defence for you to prove that you had a ‘reasonable excuse’.

If you are convicted of this offence, you are punishable with:

• imprisonment for up to 6 months, a fine or both, if a summary conviction; or
• imprisonment for up to 10 years, a fine or both, if on indictment.

Failing to remove a face covering

Protesters often choose to wear face coverings, to protect themselves from facial recognition and other forms of state surveillance deployed at protests.

Under Section 60AA of the Criminal Justice and Public Order Act 1994, a police officer of the rank of inspector or above can authorise (in a specific area for up to 24 hours, extendable for a further 24 hours if ‘expedient’) any uniformed police officer to:

• require you to remove any item they reasonably believe you are wearing wholly or mainly to conceal your identity; and
• seize that item.

To give an authorisation, the senior police officer must reasonably believe that:

• activities may take place in their police area that are likely to involve offences being committed; and
• an authorisation is ‘expedient‘, to prevent or control these activities.

The authorisation must:

• be in writing;
• be signed by the senior officer; and
• specify the grounds, area and time period.

There was a Section 60AA authorisation in relation to the Palestine solidarity protest on 14 October 2023, and Black Protest Legal Support reported (via their legal observers) that a number of protesters were arrested (the police reported four arrests) for failing to remove their face coverings, including keffiyahs.

The police indicated, shortly before the planned protest on 21 October 2023, that they will “keep the question of further conditions, such as those on face coverings, under review.” There was then a Section 60AA authorisation in the evening.

Failing to remove a face covering when required to by a uniformed police officer – authorised by Section 60AA – is a criminal offence. If convicted, you are punishable with:

• up to 1 months’ imprisonment;
• a fine of up to £1000; or
• both.

Breaching a dispersal order

Under Section 34 of the Anti-social Behaviour, Crime & Policing Act 2014, a police officer of the rank of inspector or above can authorise (in a specific area for up to 48 hours) any uniformed police officer to exercise Section 35 ‘dispersal powers’ to direct a person in the area to leave and not return for the specified ‘exclusion period’.

The uniformed officer must:

• have reasonable grounds to suspect that your behaviour has contributed to / is likely to contribute to:
  • members of the public in the area being harassed, alarmed, or distressed; or
  • crime/disorder.

and

• consider that the direction is necessary to remove/reduce the likelihood that:
  • members of the public in the area will be harassed, alarmed, or distressed; or
  • there will be crime/disorder.

To give an authorisation, the senior police officer must be satisfied on reasonable grounds that dispersal powers may be necessary to remove/reduce the likelihood of:

• members of the public in the area being harassed, alarmed, or distressed; or
• crime/disorder.

The senior officer must have ‘particular regard’ to Articles 10 and 11 of the ECHR.

The authorisation must:

• be in writing;
• be signed by the senior officer; and
• specify the grounds.

The police authorised Section 35 dispersal orders in relation to the protests on 14 October 2023 and 21 October 2023, from the evening into the early hours of the morning.

Failing to comply with a direction from a uniformed police officer under Section 35 – without reasonable excuse – is a criminal offence. If convicted, you are punishable with:

• up to 3 months’ imprisonment;
• a fine of up to £2500.

Interfering with key national infrastructure

This offence criminalises behaviour which prevents ‘to any extent’ or ‘significantly’ delays the operation of key infrastructure (including roads, railways, airports, harbours, oil & gas or electricity generation infrastructure or newspaper printing) in England and Wales. There is a list of key national infrastructure specified in the Act, which can be added to by the Secretary of State.

You will be committing this offence if you:

• take action that interferes with the use or operation of key national infrastructure; and
• intend or are reckless as to whether your actions will interfere with the use or operation of key national infrastructure.

If convicted in a magistrates’ court, you are punishable with imprisonment for up to the general limit in a magistrates’ court (six months), a fine, or both. If convicted in a crown court, you are punishable with up to 12 months’ imprisonment, a fine, or both.

There is a defence of ‘reasonable excuse’ for this offence.

This offence was first used to arrest Just Stop Oil protesters on 1 November 2023 and charge them on 2 November 2023.

Those participating in a sit-in in solidarity with Palestine at Charing Cross Station were threatened with arrest for this offence on 4 November 2023.

Breaching ‘conditions’ imposed on a protest

Failing to comply – whether as an organiser or individual protester – with any conditions lawfully imposed by the police (which you knew or ‘ought to have known’ about) is a criminal offence. Avoid sharing information about conditions with others (e.g. via messaging apps or social media) as this may make it easier for the police to establish criminal liability for breaching them.

The police should give you an opportunity to comply with the conditions(s) before arresting you.

It is a defence to prove that your failure to comply “arose from circumstances beyond your control.” (e.g. a part of your protest broke away and was outside of your control)

If convicted, you are punishable with:

• a fine of up to £2,500 (if a protester); or
• a fine of up to £2,500 and/or up to 6 months’ imprisonment (if an organiser).

You can also be punishable with a fine of up to £2,500 and/or up to 6 months’ imprisonment if you incite others to breach police conditions.

Organising/participating in a prohibited protest

It is a criminal offence to organise/participate in a prohibited protest march. If convicted, you are punishable with:

• a fine of up to £1,000 (if a protester)
• a fine of up to £2,500 and/or up 3 months’ imprisonment (if an organiser).

You are also punishable with a fine of up to £2,500 and/or up to 3 months’ imprisonment if you incite others to participate in a prohibited protest march.

It is a criminal offence to organise/participate in a prohibited trespassory stationary protest. If convicted, you are punishable with:

• a fine of up to £1,000 (if a protester)
• a fine of up to £2,500 and/or up 3 months’ imprisonment (if an organiser).

You are also punishable with a fine of up to £2,500 and/or up to 3 months’ imprisonment if you incite others to participate in a prohibited trespassory stationary protest.

Terrorism Offences

There are various offences related to terrorism – noted in the Home Secretary’s letter – which the police may seek to apply to Palestine solidarity protesters.

Supporting proscribed organisations

Section 12 of Terrorism Act 2000 criminalises people who ‘invite support’, other than fund-raising (covered by Section 15), for ‘proscribed organisations’. Hamas has been designated as a proscribed organisation (in Schedule 2 of the Terrorism Act 2000).

You will be committing an offence under Section 12 if you:

• express an opinion or belief that is supportive of a proscribed organisation; and
• you are reckless (taking unjustiable risks) as to whether people you are expressing your opinion or belief to will be encouraged to support a proscribed organisation.

You will be committing an offence under Section 12 if you arrange (or help to arrange) a meeting, where you that you know:

• the purpose of the meeting is supporting/furthering the activities of a proscribed organisation;
• the meeting will be addressed by someone who belongs, or professes to belong, to a proscribed organisation (unless you can prove that you had ‘no reasonable cause to believe’ the address would support a proscribed organisation).

You will be committing an offence under Section 12 if you address a meeting and the purpose of your address is to encourage support for a proscribed organisation or to further its activities.

If convicted, you are punishable with:

• up to 14 years’ imprisonment / a fine / both, if convicted on indictment; or
• up to six months’ imprisonment / a fine / both, if on summary conviction.

Glorifying terrorism

Section 1 of the Terrorism Act 2006 makes it an offence to intentionally or recklessly – as understood by a “reasonable person” – ‘encourage‘ or ‘induce‘ (including ‘glorifying’) the commission, preparation or instigation of acts of terrorism.

If convicted, you are punishable with:

• up to 15 years’ imprisonment / a fine / both, if convicted on indictment; or
• imprisonment for up to general limit in a magistrates’ court / a fine / both, if on summary conviction.

Wearing supportive clothing/carrying flags

Section 13 of the Terrorism Act 2000 criminalises a person, in a public place:

• wearing clothing or wearing/carrying/displaying something
• in such a way / in such circumstances as to arouses reasonable suspicion that you are a member or supporter of a proscribed organisation.

Section 13 also criminalises:

• publishing an image of clothing or another item;
• in such a way / in such circumstances as to arouse reasonable suspicion that you are a member or supporter of a proscribed organisation.

If convicted, you are punishable with:

• up to six months’ imprisonment;
• an unlimited fine; or
• both.

A police may also seize clothing or other items if:

• they reasonably suspect that it is evidence relating to the above offence; and
• is satisfied that it is necessary to prevent the evidence being concealed/lost/altered/destroyed.

ANSWERING POLICE QUESTIONS

You have no legal obligation to respond to the police.

If they approach you in the street or at a protest and speak to you, you do not have to answer them. Refusing to answer police questions is not, in itself, a lawful basis for the police to then carry out a stop & search.

However, if the police have reason to believe you have been engaging in / are engaging in “anti-social behaviour” (you are causing/likely to cause “harassment, alarm or distress” to others), they can legally require you – under Section 50 of the Police Reform Act 2002 – to provide your name & address and it is a criminal offence for you to withhold this or provide false information.

The police have frequently used Palestine solidarity protests as an opportunity for immigration enforcement. You have no legal obligation to disclose your nationality or immigration status to the police, even if you are arrested.

FILMING THE POLICE

You are allowed to film and take pictures of the police (e.g. when observing or intervening in a stop & search or arrest or interactions with the police generally).

The police have no power to stop you (except in very specific circumstances), but they may try to prevent you through misinformation, abuse of power or intimidation.

The police can only lawfully stop you filming them if:

your footage/photos are “likely to be useful to a person committing or preparing an act of terrorism.”  [Section 58A of the Terrorism Act 2000]

They have no other lawful basis for stopping you filming them, so any other reasons they give should be dismissed.

The police may try to deter you from filming by citing the privacy/data protection rights of the person that is being stopped & searched or arrested. This is not a lawful basis for preventing you from filming. However, you should always ask the person being stopped & searched or arrested if they want you to film them, and then only film/take photographs with their consent. You should also focus your camera on the police officers.

WHEN CAN THE POLICE ARREST YOU?

Your right to liberty

Article 5 of the ECHR protects your right to liberty. This right is ‘limited’, however, and so it can be interfered with/restricted by the police where it is “in accordance with a procedure prescribed by law”, in certain specified circumstances that include “the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so.” Therefore, provided that your arrest is lawful (see below), it would not amount to a violation of your rights under Article 5 of the ECHR.

Police powers of arrest

Under Section 24 of the Police and Criminal Evidence Act (“PACE”) 1984, the police can lawfully arrest you where:

• you are about to commit/are committing/have committed a criminal offence (or the police reasonably suspect you of the same); and
• the police have reasonable grounds for believing that your arrest is ‘necessary’ to:
  • to find out your name/address
  • to prevent you causing physical injury to yourself or others;
  • to prevent you suffering physical injury;
  • to prevent you causing loss of/damage to property;
  • to prevent you committing an offence against public decency (and members of the public cannot be reasonably expected to avoid you);
  • to prevent you causing unlawful obstruction of the highway;
  • to protect a child or other vulnerable person from you;
  • to allow the prompt and effective investigation of the offence or of your conduct; or
  • to prevent any prosecution for the offence from being hindered by your disappearance.

You can find more information about powers of arrest on our website.

WHAT ARE YOUR RIGHTS IF YOU ARE ARRESTED?

You can find more information about the police’s power to arrest you here. You can also find information about your rights if arrested at a protest here.

If you are arrested, the police must tell you:

• that you are being arrested; and
• why they are arresting you.

If they do not give you this information as soon as is practicable, the arrest is unlawful.

After being arrested, you must be taken to a police station as soon as possible. When you arrive, the custody officer must also be informed of the reasons for your arrest. This custody officer must review the facts and decide whether it’s necessary to detain you, and then keep the necessity of your detention under ongoing review.

If you’re under 18, the police must contact your parents, guardian or carer as soon as possible after your arrival at the police station after being arrested.

You have the right to:

• tell someone that you’ve been arrested;
• an interpreter if your first language isn’t English; and
• an appropriate adult, if you are under 18 or otherwise vulnerable.

If you are arrested:

• do NOT accept a caution (as this is an admission of guilt) until you have received free legal advice from a specialist solicitor;
• say “NO COMMENT” to all questions – including chats with the police – until you have received free legal advice from a specialist solicitor; and
• seek legal advice and representation from a solicitor with expertise in protest law – see contact details for specialist solicitors on our bust cards.

LEGAL OBSERVERS & ARRESTEE SUPPORT

Legal observers are independent, legally-trained volunteers who monitor and record police conduct and provide legal information and support to organisers and protesters. You can approach them for information or support. They are easily recognisable at protests, wearing hi vis jackets with “LEGAL OBSERVER” written across the back.

More information about the laws relevant to legal observers (and journalists) at protests is available here.

You can reach out to the following organisations to arrange legal observers for your upcoming protest:

BLACK PROTEST LEGAL SUPPORT

Black Protest Legal Support (‘BPLS’) facilitates legal observers for protests that are organised by and/or involve the participation of Black and other racialised protesters. They also have a large network of lawyers who are committed to providing legal representation to Black and other racialised organisers/protesters who are arrested during protests.

Email: blackprotestlegal@protonmail.com / coordinatorBPLS@protonmail.com

Twitter & Instagram: @blkprotestlegal

Website: www.blackprotestlaw.org

GREEN & BLACK CROSS

Green & Black Cross (‘GBC’) is an independent grassroots project that provides legal observers for protests, as well as delivering protest rights training.

GBC also facilitates arrestee support, where volunteers attend police stations to support arrested protesters or organisers. They have produced guides on protest rights, available via their website.

Telephone (Protest Support Line): 07946 541 511

Email: courtsupport@protonmail.com

Twitter & Instagram: @GBCLegal

Website: www.greenandblackcross.org

BRISTOL DEFENDANT SOLIDARITY

Bristol Defendant Solidarity provides support (at police stations and court) for arrested protesters.

Telephone (via ‘Signal’ app): 07510 283 424

Email: bristoldefendantsolidarity@riseup.net

Twitter: @BristolDefenda1

Website: www.bristolabc.wordpress.com/defendant-solidarity/

LEGAL ADVICE & REPRESENTATION

Should you need legal advice/representation after being arrested at a protest, you can contact the law firms on our protest bust cards.

If you are an organiser and feel that the decisions/actions taken by the police before your protest (e.g. conditions being imposed) are unlawful, you may wish to explore using ‘judicial review’ to challenge them. More information about using judicial review (and the HRA 1998) to challenge the decisions/actions/inaction of the police (and other public authorities) is available here.

If, after a protest, you feel that the police have acted unlawfully in policing the protest, you may wish to make a police complaint. You may also wish to explore bringing a legal claim against the police. If so, you should contact a lawyer with expertise in ‘actions against the police’.

OTHER SUPPORT

European Legal Support Center

ELSC is monitoring and providing support on incidents of repression against Palestine advocacy in EU & the UK, and you can report an incident and/or request legal support here.

Email: via their website

Twitter & Instagram: @elsclegal

Website: https://elsc.support/

Network for Police Monitoring (‘Netpol’)

Netpol monitors public order, protest and street policing, and challenges policing which is excessive, discriminatory or threatens civil rights. They also have legal information resources on their website.

Email: info@netpol.org

Twitter & Facebook: @netpol

Instagram: @netpolCampaigns

Website: www.netpol.org

Address: Durning Hall Centre, Earlham Grove, London, E7 9AB

Further information

More information on your protest rights is available on our Advice and Information Hub, including the following pages:

• HOW TO ORGANISE A PROTEST & HOW TO MAKE YOUR PROTEST MORE ACCESSIBLE

• YOUR RIGHT TO PROTEST

• HOW DOES THE NEW POLICING ACT AFFECT MY PROTEST RIGHTS?

• WHAT IF I’M ARRESTED AT A PROTEST?

• PROTEST BUST CARDS (WITH TRANSLATIONS)

• PRACTICAL PROTEST TIPS

• PRACTICAL TIPS FOR DISABLED PROTESTERS

• A GUIDE TO KETTLING

• YOUR RIGHTS AS AN LGBTQ+ PROTESTER OF COLOUR

• YOUR RIGHTS AS A DISABLED PROTESTER

• PUBLIC ORDER ACT 2023

• MONITORING & REPORTING ON PROTESTS (JOURNALISTS & LEGAL OBSERVERS)

CONTACT US FOR ADVICE AND INFORMATION

If you would like advice and information on your protest rights, and the above pages do not answer your questions, you can contacts us:

CALL OUR HUMAN RIGHTS INFORMATION LINE

You can reach the Human Rights Information Line by calling 0800 988 8177 and selecting option 3 from the main menu (Monday evenings from 6pm to 8pm,
Tuesday lunchtimes from 12pm to 2pm and Thursday evenings from 6pm to 8pm)

More information about our Human Rights Information Line is available here.

WRITE TO US

You can send us a written query via our webform.

You can also write to us via post at:

26-30 Strutton Ground

London

SW1P 2HR

More information about how to contact us is available here.