TO THOSE ELECTING TO PROTEST IN THE UK
I’ve listed the laws which are typically used to repress protesters in the UK. Having an understanding might help you to identify police techniques deployed to justify your arrest and how you can best avoid them.
Under the ECHR and implemented through the Human Rights Act 1988, you have the right to freedom of protest. Police powers are the same at a protest as they would be anywhere else. Do not be led to believe that they are entitled to any action without reasonable cause.
YOUR PRESENCE AT A PEACEFUL PROTEST IS NOT REASONABLE CAUSE ENOUGH.
Here’s a list of the common reasonable causes that Police will rely on for your arrest and the law associated with them:
1. Obstructing a Police Officer - section 89(2) Police Act 1996
‘A person obstructs a constable if he prevents him from carrying out his duties or makes it more difficult for him to do so.’
2. Obstruction of the Highway - Section 137 of the Highways Act 1980
‘if a person, without lawful authority or excuse, in any way willfully obstructs the free passage along a highway he is guilty of an offence’
3. Conditions of approaching a protest - Section 12/14 of the Public Order Act
By way of Sections 12/14, conditions regarding the protest can be set ‘‘as they appear necessary to prevent serious disorder, disruption of the life of the community, or intimidation’.
HOWEVER. This only comes into effect if it can be proven that you had reasonable awareness of the conditions. Thus, you should do what you can to minimise the spread of notice regarding the relevant conditions.
DO NOT MAKE ANNOUNCEMENTS, PASS ON LEAFLETS OR LEAVE EVIDENCE TO SUGGEST THAT YOU OR YOUR PEERS HAVE BEEN EXPOSED TO THE SPECIFIED CONDITIONS.
4. Breach of Peace
A Breach of the peace is “an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done.”
HOWEVER. It is NOT A CRIMINAL OFFENCE - you can be arrested but you must be released once the breach has passed.
The police will urge you to share personal information. YOU ARE NOT LEGALLY OBLIGATED TO PROVIDE ANY PERSONAL DETAILS.
5. Trespass/ Aggravated Trespass
Trespass is an issue of Civil Law so entering on private property alone DOES NOT give reason for your arrest. Police may take action to remove you but this is NOT LEGITIMATE until the OWNER of the property has asked you to leave.
You CAN BE ARRESTED for Aggravated Trespass but this requires that you intentionally obstruct the officer.
6. Criminal Damage - Criminal Damage Act 1971
Criminal Damage is “deliberate or reckless damage” of someone else’s property without lawful excuse.
The damage does not necessarily have to be Permanent and includes something as simple as interference (Eg. Setting off a fire alarm).
ON OCCASION THIS EXTENDS TO INTENT TO CAUSE CRIMINAL DAMAGE AND CARRYING ITEMS THAT MAY IMPLY THIS.
7. Theft - Theft Act 1968
Theft is defined as “dishonestly appropriating another’s property with intent to permanently deprive them of it”. The sentence is dependent on what is stolen but it can carry a charge of up to 7 years in prison.
Note: There is a separate offence of possessing items of police uniform s.90 Police Act 1996 with a maximum penalty of A FINE.
8. Violent disorder - Public Order Act 1994
This is whereby a group of three or more (related or unrelated) individuals “cause a person of reasonable firmness to fear for their safety”. This carries up to 5 years in prison or potentially an unlimited fine.
9. Affray - Public Order Act 1994
This is whereby a single individual provides the same threat as identified under violent disorder. Notably, the threat should exceed words and therefore extends beyond assault.
10. Anti-Social behavior → this should not be deployed during protest
Following the Police’s own guidance, arrest for anti-social behavior should not be deployed at a protest.
However, it remains that under s.50 of the Police Act 1996, if you are suspected of anti-social behavior - an officer may demand your details. Refusing to provide them is a criminal offence and for that you may be arrested.