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How your right to protest peacefully is being eroded

“I’m on bail for terrorism.”  Deborah Hinton, 81, is one of more than 2,000 people who have been arrested for showing support for Palestine Action following its proscription.

Is recent legislation is chipping away at our right to protest and our freedom of political expression? 

Published:

In this blog I will explore the laws that govern our right to protest, what impact they have and how they have been used against protestors.

Police, Crime, Sentencing and Courts Act 2022

Following the controversy of the protest group Just Stop Oil, two pieces of legislation were passed that restrict forms of peaceful protest, the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023. The former increased the police’s power to restrict protests by:

1. Imposing restrictions on noisy protests

Police may now impose restrictions on protest if they think the noise will cause “serious disruption”. They must consider if a person of “reasonable firmness” would be alarmed or distressed, how long and intense the distress would be and the likely number of people impacted. The nature of protests is to be noisy; it is part of their effectiveness. This provides a wider scope for police to restrict protests.

2. Imposing conditions on static demonstrations

Static demonstrations remain in one place unlike marches which move from one place to another. Previously the rules surrounding these protests were more relaxed than marches. This act means that static protests can have the same restrictions imposed on them, making them less effective and spontaneous than before. These restrictions can include banning a protest from a certain area, limiting the amount of protestors and imposing time limits.

Public Order Act 2023

The Public Order Act 2023 criminalises certain protest tactics, including non-violent methods of protest, and increases police powers. It limits the effectiveness of protests and makes it easier to arrest protestors. The UN High Commissioner for Human Rights condemned this act as imposing “undue restrictions on civic freedoms” and criticised it for its "vague scope” and severe restrictions on the right to protest.

Some of the key offences and powers introduced by this Act are

1. Locking on

Defined by the Act as someone attaching themselves, another person or an object to another person, object or land, which causes or could cause disruption to two or more people or an organisation, and done with the intent to cause “serious disruption”, or recklessness as to this, in a place other than a dwelling.  Locking on is punishable by 6 months’ imprisonment or a fine.

Historically, this method of activism was used by the suffragettes, who chained themselves to the railings of government buildings so they could make speeches without being removed instantly. 

2. Equipped to ‘lock on’

Defined as carrying an object in a place other than a dwelling with the intent of using it (or for someone else to use it) to lock on or in connection with this offence. This offence is punishable by an unlimited fine.

The UN Commissioner pointed out that various everyday materials could be considered as ‘locking-on’ equipment, such as duct tape, bicycle locks or glue. After the Act came in to force, six people were arrested as they were carrying plastic ties and there were protests ongoing that day. Plastic ties are used to secure protest banners. It was found that they were not planning to lock on but were nevertheless held for 16 hours before being released.

3. Tunnelling

Defined as creating or participating in the creation of a tunnel that is capable of ‘serious disruption’ to two or more people or an organisation, created with the intent to cause serious disruption, or reckless as to this. It is also an offence to be present in a tunnel with the intent to cause serious disruption. There is the defence of a “reasonable excuse”. These offences are punishable by up to 3 years’ imprisonment or a fine or both. Being equipped for tunnelling is punishable by up to 6 months imprisonment or a fine or both.

‘Swampy’, famous for protesting against road-building projects in the 1990s, and other environmental protestors, used tunnelling to oppose the HS2 project. They explained that it was a useful tactic as, unlike encampments, they were much harder to dismantle, allowing more attention to be drawn to the cause.

4. Stop and Search expansion

One of the most concerning parts of the Act was the expansion of stop and search powers. A police officer of or above the rank of inspector can designate an area for a 24-hour period (which can be extended) where police officers can stop and search anyone without suspicion in that area. The police officer must reasonably believe that protest-related offences will be committed in this area, and the use of this power is necessary to prevent them.

Without suspicion means police officers do not need a reasonable ground to stop and search you. Intentional obstruction of this stop and search can lead to up to 1 month imprisonment, a fine of up to £1,000, or both. 

5. Obstruction of Major Transport works

A person commits this offence if they obstruct the construction or maintenance of any major transport works without a reasonable excuse. This is punishable by up to 6 months imprisonment, a fine or both.

6. Interference with use or operation of key national infrastructure

This is defined as an act that interferes with the use or operation of key national infrastructure and intends to interfere or be reckless as to whether it will interfere. There is the defence of a reasonable excuse. This applies to road transport, air transport, oil and gas exploration and production etc. It is punishable by up to 6 months imprisonment in the Magistrates’ Court or 12 months imprisonment in the Crown Court or a fine or both a fine and imprisonment.

Disrupting roads is an effective protest strategy. Some Just Stop Oil protestors arrested under these offences for gluing themselves to a road explained how it enables positive interactions with people who otherwise would not have taken notice.

The maximum sentence for the first four offences will increase to 51 weeks once section 281(5) of the Criminal Justice Act 2003 comes into force.

Proscription of Palestine Action

One of the more recent, controversial government decisions regarding protest was the proscription of the direct action group Palestine Action as a terrorist organisation. Palestine Action opposes the ongoing genocide in Gaza. They were proscribed, alongside the far right extremist groups Maniacs Murder Cult and the Russian Imperial Movement, on 5 July 2025.

The Home Office claimed that the actions of the groups had got “more aggressive, with its members demonstrating a willingness to use violence.” Some examples are the protests held against Instro Precision, Elbit Systems, Thales and Brize Norton. They claimed that these “attacks” affect UK national security.

Instro Precision, Elbit and Thales are companies that provide weapons to Israel. Members of Palestine Action smashed windows and used spray paint. At Brize Norton, protestors broke into an RAF airbase and sprayed red paint on two planes, resulting in millions of pounds in damages. No one was injured during any of these attacks.

The UK definition of terrorism is the use of threat or action to influence the government or intimidate the public with the purpose of advancing a political, religious, racial or ideological cause. Actions that fall under the definition include serious violence against a person, serious damage to property and endangering another person’s life. This definition is criticised as being too broad. By international standards, terrorism is limited to criminal acts intended to cause serious injury or death, to intimidate the government or population.

In February 2026, the High Court ruled that the ban of Palestine Action was disproportionate and unlawful, as it interferes with the freedom of speech and assembly and not all the required factors were considered when proscribing the group. However, the ban remains in place. The Secretary of State has been granted permission to appeal the decision to the Court of Appeal, with hearing dates on 28 and 30 April 2026. Judgment in this case is still pending at the time of publishing.

Impact of the new legislation and proscription

The recent crackdown on the right to protest has had serious consequences for protestors fighting for what they believe in. Hundreds of arrests and what many view as harsh sentences have been handed out for engaging in protest.

Since the proscription of Palestine Action, around 2,000 people have been arrested, and some charged, for supporting a terrorist organisation. They held placards at demonstrations that read “I oppose genocide, I support Palestine Action”. In a large demonstration held by Defend Our Juries in support of Palestine Action, 532 people were arrested. Around half were over 60 years old, and most were arrested under the Terrorism Act. After the High Court ruling, their situations are unclear until the appeal is heard. Since Palestine Action remains a proscribed group, the Police will continue to make arrests.

Irish author Sally Rooney intended to use royalties from her book sales to support Palestine Action. As a result of the proscription, she might no longer receive royalties from her publishers as the publisher could be accused of funding terrorism. She cannot publish new books in the UK, and her existing books may be removed from sale, which she condemned as an “extreme incursion by the state…of artistic expression”.

Using the Public Order Act, the Metropolitan Police moved the location of a UKIP march that was set to take place in Tower Hamlets in October 2025. Similar restrictions were placed on the Stand Up To Racism counter protest. The march was cancelled due to the restrictions and four counter protestors arrested for marching on the wrong route. All groups are subject to these broad, new police powers.

What can we do?

Even though you may not engage in protest or political activism, these restrictions can impact you. Many of our rights were won through protests which are crucial to ensuring our voices are heard by our politicians. There are many ways you could fight for your right to protest. Write to your MP, join a campaigning organisation, or attend a protest. We have to fight for our right to be heard.

By Sophie Fennell, Student Blog Writer at QMLAC and LLB Law Student. 

This blog is for information only and does not constitute legal advice on any matter. While we always aim to ensure that information is correct at the date of posting, the legal position can change, and the blogs will not ordinarily be updated to reflect any subsequent relevant changes. Anyone seeking legal advice on the subject matter should contact a specialist legal representative

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