Despite the new protest laws, our right to protest is still protected by the Human Rights Act and other human rights laws. Everyone in the UK has human rights. These are basic rights which cannot be taken away from us. And this includes the right to come together and express our views. We still have the right to protest!

The government can make new laws which restrict protest because some of the rights protected by the Human Rights Act are ‘qualified’ rights. This means that they can be limited in specific situations. For example, in order to protect other people’s rights, the police may be able to say when and how you protest.

But many people think that the new protest laws have got the balance wrong. People feel that the new protest laws go beyond simply protecting other people’s rights, and are deliberately trying to make effective protest more difficult. Here at Advicenow we are concerned that the new protest laws will put people off from going on marches and demos, when it is their right to do so. We are also concerned about how some of the new rules will affect particular types of protesters who are already treated unfairly, for example, disabled protesters, and protesters who are Black or from another ethnic minority background.

So, you still have the right to protest peacefully. But some of the things that make protest really effective, and get your views heard, like making a lot of noise or blocking a road, can now get you into more trouble.

The new laws have given the police more power to control protests. Here we set out some of these new powers.

Conditions on protests

It is important to know that the police can put conditions on a protest, because if there are conditions and you do not follow them, you may be ‘breaching’ the conditions. This may be a criminal offence, meaning that the police can arrest you.

New rules about conditions

Before the new laws, the rules for static protests (like sit-ins) were more relaxed than the rules for moving protests (like marches). With the new laws, the police now have the power to put a broader range of conditions on static protests too.

They can also put conditions on protests they consider to be too noisy, and protests carried out by just one individual.

The police have always had the power to put conditions on protests in order to prevent ‘serious disruption to the community’. But the new rules set out what counts as ‘serious disruption’ in a much broader way, meaning that many more protests may fall into this category.

Knowing the conditions

If the police put conditions on a protest, either before or during the protest, they should communicate the conditions to protesters. The new protest rules say that if you knew the conditions or ‘ought to have known’ them, and did not follow them, then you have breached them. The government say that this part of the law is designed to stop people ‘pretending’ that they have not heard or seen the conditions.

New criminal offences

Before the new laws there were already many potential crimes that police could charge protesters with. But the new laws have amended existing offences and introduced new ones. For example:

• Breaching conditions - it is no longer an excuse to not follow the conditions that police have put on a protest if you ‘ought to have known’ them.
• Causing public nuisance - causing or creating a risk of ‘serious harm’ to the public or a section of the public, on purpose or carelessly.
• Locking on (and going equipped to lock on) - attaching yourself to another person, a building or an object. Or being equipped to lock on - for example, carrying glue, a bicycle lock or tie-wraps if you have them in order to lock on.
• Tunnelling - causing disruption by tunnelling, being in a tunnel or being equipped for tunnelling – for example, carrying a shovel in order to dig a tunnel shaft.
• Obstructing access to parliament - this now covers a wider physical area than before the new laws.
• Obstructing major transport works - for example, interfering with workers, equipment, or access on projects such as HS2.
• Interference with key national infrastructure – for example, stopping or causing big delays to important transport routes, fuel and power production and newspaper printing.

This is just a summary of new offences. You can find more information from Liberty:

• New offences created in the Police, Crime, Sentencing and Courts Act.
• New offences created in the Public Order Act. 

You can find information on the range of laws commonly used at protests from Green and Black Cross, which also include offences which already existed before the new protest laws.

More stop and search

The police already have powers to stop and search people in certain situations. But the new laws will give them new powers to stop and search people in protest situations. These powers are not in force yet (as of December 2023), and no date has been set, but it is likely to be in the next few months.

More information on stop and search from Liberty:

• More detail on the new stop and search protest rules.
• Your rights not to be discriminated against during a stop and search, for example because you are Black or from another ethnic minority background.
• Information in partnership with Disability Rights UK on disabled people’s rights and stop and search.

If you are arrested, charged and found guilty of a criminal offence there is usually a punishment (penalty), for example, a fine or time in prison. The new protest laws introduced new and increased penalties for the kinds of offences protesters may be charged with.

For example, the maximum fine for wilful obstruction of the highway used to be £1,000. Now you can face an unlimited fine, six months in prison, or both.

Breaching a condition imposed by the police at a protest can result in a fine of up to £2,500, up from £1,000. For protest organisers who breach conditions themselves, or organisers or anyone else who encourage others to do so, there are potential fines of up to £2,500, a prison sentence of up to six months, or both.

Serious Disruption Prevention Orders (SDPOs)

Nicknamed ‘protest banning orders’, SDPOs are a type of court order aimed at individuals aged 18 or over. An SDPO sets conditions on what that person can or cannot do, for example, where they can go and when. Courts should only give SDPOs to people who:

• have been convicted of a protest-related offence twice, or
• been found in contempt of court for breaking a protest-related injunction, or
• have been convicted of a protest-related offence and been found in contempt for breaking a protest-related injunction 

on separate occasions in the last five years. An offence or contempt can only be taken into account if it took place after these rules came into force.

There are two types of SDPO:

• An SDPO issued at the same time as you are convicted for the second (or following) protest-related offence:
• An SDPO issued at another time, when the police apply to the courts for it.

In either situation the court must think it is necessary to issue you with an SDPO in order prevent you or someone else from causing serious disruption.

After two years the police must apply to renew the SDPO.

If you break the conditions set by an SDPO you are committing a criminal offence. The maximum penalty is six months in prison, an unlimited fine, or both.

You can read more about protest banning orders on Liberty’s website.

More information on new protest laws

This is just a summary of some of the key changes which will affect protesters. See more information on the new laws from Liberty:

• Police, Crime, Sentencing and Courts Act
• Public Order Act

We know that you might be worried about being treated unfairly at a protest. In particular we have heard concerns from disabled protesters, and others at greater risk of discrimination, for example, being LGBTQ+, being a woman, or from an ethnic minority background, or having an insecure immigration status.

In the next section we outline the two main laws which protect people from being discriminated against whilst protesting.

Anti-discrimination laws

The Human Rights Act

We all have the right to come together and express our views. These rights are protected by the Human Rights Act, which also protects us from being discriminated against when doing so.

This means that the police cannot treat you differently than they would treat other protesters because of something about you, such as your language, where you come from, or your political opinion.

There are a wide range of other reasons for which you must not be discriminated against, which include sex, race, colour, religion, age, opinion, and more.

Read more about Article 14 – the part of the Human Rights Act which protects you from discrimination when using your other human rights – such as the right to come together with other people, and the right to express your views, in the form of protest.

The Equality Act

The Equality Act protects people with protected characteristics from discrimination. Protected characteristics include race, nationality, sexuality and being disabled, for example. The Equality Act says that the police (and lots of other organisations) must not treat you worse than others because of your protected characteristic.

The Equality Act gives specific rights to disabled people. It says that:

• As well as not being discriminated against because you are disabled, you should also not be treated unfairly because of something to do with being disabled, for example, needing to stop and rest regularly on a march.
• If the rules or the police’s ways of doing things puts you as disabled person at a disadvantage, compared to non-disabled protesters, the police have a duty to take reasonable steps to reduce these disadvantages – this is called reasonable adjustments. For example, if the police put conditions on a protest which limits it to a specific place (‘kettling’), they should consider the needs of disabled protesters in advance, and during the protest. The police should take reasonable steps to reduce any unfairness you as a disabled person, and other disabled people, might experience. This might include making sure the protest location is accessible and has toilet facilities.

For more detail see information from Liberty and Disability Rights UK on the rights of disabled people to protest without discrimination.

Is your situation covered by the anti-discrimination laws?

If you are worried about being discriminated against by the police on a protest, have a look at the tables below. If you can circle an item in each table to describe what you are concerned about happening, your situation might be covered by either the Equality Act or the Human Rights Act.

I am concerned that the police might:

They will do this because:

Did you circle an item in each table? If so, the law might protect you from discrimination.

Unfortunately, being covered by anti-discrimination laws does not mean that it will never happen. But it does mean that if it does, you can complain and take action. See More help and information for organisations that can help you.

In this section we have talked about anti-discrimination laws in the context of the police and protest, but of course they also apply in many other situations.

The chance of being arrested at a protest tends to depend on what you do, and on what type of protest it is. For example, if you glue yourself to a road, or spray-paint a building, there is a higher chance of getting arrested. If, however you go on a pre-arranged march or rally about the closure of your local Accident and Emergency department, or leisure centre, then the risk of arrest is lower, especially if you move on when the police ask you to.

But, if you are arrested there are three key things you need to know:

1. You do not have to say anything after you are arrested

The police are trained to take note of any comments you make that might be related to the crime they think you committed. Even if they are nice to you, they are still trying to investigate a crime that they think you committed. If you say something that is not true, even by accident, it will be used against you.

2. Do not go into an interview without a legal representative

Don’t think, ‘I don’t need legal help because I’ve done nothing wrong’. You are entitled to legal assistance with your police interview for free, so take advantage of it.

3. Get a solicitor with experience of protests

It is important to have a solicitor who has experience of representing protestors. General criminal defence firms and ‘duty solicitors’ who are available at the police station, may not be able to defend you as effectively as an expert protest solicitor.

You are allowed to ask for your own solicitor. So, it is worth taking details of a suitable firm of solicitors with you on a protest, in case you are arrested. The police will not provide details of firms. Organisations which can recommend experienced protest law solicitors firms include the Network for Police Monitoring (Netpol).

‘Bust cards’

You can also take a ‘bust card’ on a protest with you. This is reminder of the key things you need to know if you are arrested, together with contact details for solicitors with experience of protest:

• Green and Black Cross provide bust cards for different areas of the UK, which also include a reminder of your rights during a stop and search.
• Liberty has produced protest bust cards in collaboration with Migrants Organise and Black Protest Legal Support for racialised and migrant protesters and organisers. The bust cards are translated into a range of languages.
   

Legal observers

Protest organisers will often arrange for volunteers to act as legal observers (‘LOs’) on protests. They are not acting as lawyers but aim to record inappropriate or unlawful action by police. In light of the new protest powers, the role of LOs is even more important. Groups which may be able to provide legal observers for a protest are listed below.

Protest rights

• Liberty provides information on protest in general, the rights of disabled protesters and the rights of LGBTQ+ protesters of colour.
• Black Protest Legal Support provides free legal advice and support to people protesting about racial inequality.
• The Joint Council for the Welfare of Immigrants (JCWI) has immigration information for protesters.
• Green and Black Cross offer information on being trans and protesting.
• Netpol provides guides on protest rights and a list of protest solicitors.
• You can find information on protest from a range of organisations on Advicenow.

Discrimination and human rights advice

The Equality Advisory Support Service (EASS) helpline advises and assists individuals on issues relating to equality and human rights. Telephone: 0808 800 0082. Open Monday to Friday 9am-7pm, Saturday 10am-2pm. You can also email them using their online contact form.

Liberty also runs a Human Rights Information Line which provides free legal information about human rights law issues within England and Wales, such as a disagreement between an individual and the police or the government. They can’t provide information on topics that do not involve public bodies. They can explain the legal background to your situation and offer some practical next steps. They can’t provide specific legal advice on an ongoing legal case, and they can’t offer legal representation over the phone.

Assemblies
Static protests that stay in one place, like a meeting, rally or sit-in.

Breach of conditions
Not following the conditions the police have put on the protest, such as where a protest can take place and for how long. Breaching protest conditions can be an offence and means you may be arrested.

Breach of injunction
An injunction is a court order which requires someone to do, or not do something. If you do not follow the rules set out in the court order, you may be breaching it.

Bust card
A physical card, often the size of a credit card, or a digital document which you can take with you on a protest. It contains basic information on your rights and where to get more information and advice.

Charged (with a criminal offence)
A charge is an accusation by the state that you have committed a crime. If you are charged, it means that the police or the Crown Prosecution Service have decided that they have enough evidence to formally accuse you of the crime and take you to court for it.

Conditions
When the police put conditions on a protest, they set out certain things that must be done or not done, or done in a certain way or at a certain time, in order for the protest to take place.

Contempt of court
Contempt of court is the name given to actions which are considered to interfere with the process of justice being done. This includes ignoring or disobeying a court order, such as an injunction.

Conviction
Conviction is a term for a person being found guilty of a crime.

Court order
A court order is a decision by a judge. Orders often tell people to do something or not do something. If you do not follow the order, you can often find your situation gets worse. You might be found guilty of a different offence with a fine or time in prison.

Crime / criminal offence
An act which breaks a law and has a punishment attached to it, for example, a fine or time in prison.

Crown Prosecution Service
The public body which handles cases investigated by the police. They decide which cases should go to court, and then are in charge of taking a case to a court.

Human Rights Act
The Human Rights Act 1998 is a UK law which sets out the basic rights and freedoms that everyone in the UK is entitled to, such as the right to come together and say what we think.

In force
A new law does not actually start being used until it ‘comes into force’. You may also hear ‘commenced’ or ‘brought into legal effect’. Sometimes different parts of the law may come into force at different times.

Injunction
A court order which requires someone to do, or not do, something.

Kettling
When the police contain protesters in a particular place by surrounding them and not let them leave.

Legal observers
Also known as ‘LOs’, legal observers are trained volunteers who watch what how protests are being policed and take notes. They are not part of the protest.

Police, Crime, Sentencing and Courts Act 2022
Also known as the Policing Act, this new law gives the police more powers to control protests, amongst other changes. It became law in April 2022.

Processions
Protests that move from place to place like a march.

Prosecutions
Legal action against you to try to prove you are guilty of the offence you have been charged with.

Protest-related offence
An act, related to protest, which breaks a law. You can find a list of potential offences during protests, demonstrations or campaigns on the Crown Prosecution Service website.

Public authority
An official organisation like a government department or the police, delivering services or administration for the public.

Public Order Act 2023
The Public Order Act became law in May 2023. Some of the changes that the government wanted to make in the Police, Crime, Sentencing and Courts Act were rejected by parliament because of concerns about how they would limit people’s basic right to protest. Many of these changes were introduced again in the Public Order Act.

Qualified right
A qualified right is a human right which public authorities, such as governments and the police, are allowed to limit, in order to take account of other people’s rights. The right to come together and express our views in protest are qualified rights.

Reasonable adjustments
The police (and other public authorities, service providers and employers) may have rules or ways of doing things that put disabled people at a disadvantage. For example, in the context of protest this might mean that disabled protesters might find it harder to comply with conditions without specialist equipment or support. The police have a duty to make reasonable adjustments, which means that they must take reasonable steps to reduce these disadvantages.

Reasonable excuse
Some offences have ‘reasonable’ or ‘legal’ excuses built into them. This means that if you were prosecuted for an offence you might be able to argue that you had a good reason for your action. For example, a court might agree with you that protest is a reasonable excuse for obstructing the highway. But it would depend on the situation.

Reasonable grounds to suspect
An officer must genuinely believe that you are carrying an item such as a weapon, illegal drugs, or something which could be used to break a specific protest law, and that they will find it. Their suspicion cannot be based on a hunch, instinct or prejudice.

Subject to immigration control
You are subject to immigration control if:

• you need permission to enter and leave the UK, but don’t have it, or
• you have permission to enter the UK on the grounds you don’t claim benefits or use other public funds, or
• on the grounds that someone else signed an agreement to support you.

Suspicion-less stop and search
This is when the police can carry out stop and searches in specific situations without reasonable grounds to suspect.

The information in this guide applies to people over 18 in England and Wales.

The law is complicated. We have simplified things in this guide. So please don’t rely on this guide as a complete statement of the law. We recommend you try and get more information and advice from the sources we have suggested.

This guide was written by Law for Life’s Advicenow project. Law for Life would like to thank all those who provided advice and feedback on this guide, including Jeremy Gass, Maria Harris, Nicky Lappin, Elizabeth O’Hara and David Mead, UEA Law School, University of East Anglia. Many thanks to Tom Wainwright, Barrister, Garden Court Chambers for reviewing this guide for accuracy.

Funder

Funded by the Joseph Rowntree Reform Trust.

The Joseph Rowntree Reform Trust has supported this work in recognition of the importance of the issue. The facts presented and the views expressed in this report are, however, those of the authors and not necessarily those of the Trust.