Know your rights!

Legal information to help with organising protests and political street events

The purpose of this document is to disseminate information which will help to facilitate political work by providing general information about legal rights in England, Wales and Scotland. It is prepared by activists with knowledge of the law and experience of organising events and dealing with their legal ramifications; however we are not professional lawyers and this guide should not be considered a substitute for seeking legal advice on complex situations which may arise.

1. General

Before holding any political event it is advisable to discuss security in advance. The measures you need to take will vary with the circumstances. For instance, if there is a particular risk of arrest, make sure you have a solicitor’s details for everyone and that all participants are aware of what they should do. If the risk is physical attack from opponents, make sure that everyone knows and agrees to the arrangements for collective and personal safety. Discuss the security of people arriving at and leaving an event or meeting that may be under attack. Think about what you things you need to take with you and what you should leave behind.

On all events, it is advisable to put one person in charge of the task of dealing with the police and/or private security guards from shops etc. Other participants should be aware who this person is and should try not to get involved in discussions with the police etc, but should direct them to the relevant steward.

2. Pickets and static demonstrations

Under the European Convention on Human Rights, which is incorporated into British law under the Human Rights Act (HRA) 1998, we have the rights to freedom of expression (Article 10) and to freedom of assembly (Article 11). While the state can interfere with these rights under certain circumstances, its interference must be proportionate. We should defend these rights and contest any interference.

We are lawfully allowed to assemble publicly without giving prior notice to the police; however under section 14 of the Public Order Act (POA) 1986, the senior police officer at the scene may impose conditions upon the assembly if they have ‘reasonable belief’ that the assembly will either result in serious public disorder, serious damage to property or serious disruption to the ‘life of the community’, or if they reasonably believe that the purpose of the organisers is to intimidate others with a view to compelling them not to do something they have a right to do, or to compel them to do something they do not have a right to do.

The Police, Crime, Sentencing and Courts (PCSC) Act 2022 amended the reasons for imposing conditions to include that: ‘in the case of an assembly in England and Wales, the noise generated by persons taking part in the assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly’ and that ‘the noise generated by persons taking part in the assembly may have a relevant [‘significant’] impact on persons in the vicinity of the assembly’.

Prior to the implementation of the PCSC Act, the conditions that the police officer could impose on a static protest were restricted to specifying the place at which the public assembly could continue to be held; the maximum duration of the assembly; and the maximum number of persons that are allowed to participate in it. However, this has now changed, and they can impose the same wide range of conditions as on marches.

Unlike with a march, you are not obliged to notify the police if you plan to hold a static protest; however they may contact you once you have advertised one will be taking place. If you are then communicating with the police in advance of a protest, the senior police officer is the chief officer of police, although they can delegate this power, and in this circumstance s/he must give reasons as to the imposition of conditions. S/he must provide sufficient detail of the reasons of his/her belief in any of the grounds for imposing conditions listed above so that the demonstrator(s) can understand.

3. Marches and Processions

Section 11 of the Public Order Act provides that, where it applies, written notice of a procession must be given to the police station in the area in which the march is being proposed. Such notice must specify the date and time, proposed route and name and address of the person or one of the persons organising it. This section will apply if the procession is public and is intended:

to demonstrate support for or opposition to the views or actions of any person or body of persons;
to publicise a cause or campaign; or
to mark or commemorate an event.

The notice must be given not less than 6 clear days before the date of the march. If this is not reasonably practicable, then notice must be given as soon as reasonably practicable. Processions which are commonly and customarily held (such as May Day) are excluded from these requirements.

If no notice has been given or if the notice did not contain accurate details, each organiser can be guilty of an offence

Under s.12 of the POA, the senior police officer may impose conditions on the procession in relation to the time, place or circumstances e.g. the route, if s/he reasonably believes that it will result in serious public disorder, damage to property or disruption to the life of the community or if s/he reasonably believes that the purpose of the organisers is to intimidate others with a view to compelling them not to do something they have a right to do, or to compel them to do something they do not have a right to do. As with static demonstrations, the PCSC Act widened the grounds for imposing conditions to include that the noise generated by persons taking part ‘may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly’ or ‘may have a relevant [‘significant’] impact on persons in the vicinity of the assembly’.

Under s.13 of the POA, a chief officer of police may apply to the Home Secretary for London, or otherwise to the local council for a prohibition of all processions for a period of a maximum of 3 months within that district. The officer must believe that the imposition of conditions under s.12 will not be sufficient to prevent serious public disorder.

4. Serious disruption

The Public Order Act 2023 introduced a different definition of ‘serious disruption’ with an even lower threshold than that in the PCSC Act amendments to the POA 1986. This says that disruption occurs when a person or organisation is ‘prevented, or hindered to more than a minor degree’, from carrying out day-to-day activities, such as travel and work, including construction, or from ’making or receiving of, a delivery of a time-sensitive product, or from ‘accessing… essential goods or any essential service’.

As of 15 June 2023 the POA 1986 has been amended to use the same definition, meaning that it now applies to marches and static protests.

5. Pickets/assemblies in the vicinity of Parliament – London only

Under the Police Reform and Social Responsibility Act (PRSRA) 2012 and subsequent amendments under the ASBCPA 2014, it is an offence within a designated ‘controlled area’ around the Houses of Parliament to do a range of things. The majority of these relate to tents, sleeping bags and protest camps. It is also prohibited to ‘operate any amplified noise equipment’ in the designated area without permission. The PCSC Act has given Ministers powers to designate further ‘controlled areas’ in which such regulations can be applied.

6. Public Space Protection Orders

Under section 59 of the Anti-Social Behaviour, Crime and Policing Act (ASBCPA) 2014, local councils may issue Public Spaces Protection Orders (PSPOs) for given areas. There is no set list of activities that may be specified as being prohibited under a PSPO. Law enforcement officers may threaten to issue fixed penalty notices on the grounds of these orders. In cases where a PSPO has been imposed on an area in which you are have been doing political street work in the past 6 weeks, you can appeal against it to the High Court on the basis that you are an affected ‘interested party’. If it has been in place longer, and you are summonsed to court under it, you can argue that the PSPO is incompatible with your rights to freedom of expression under the ECHR/HRA.

7. Locking on and tunnelling

The Public Order Act 2023 introduced new offences of ‘locking on’ ‘being equipped for locking on’, ‘causing serious disruption by tunnelling or being in a tunnel’, ‘obstruction of major transport works’ and ‘interference with key infrastructure. ‘Locking on’ relates both to protesters who lock themselves to things, and to the act of locking ‘an object to another object’. The protesters at the Coronation who were arrested under this clause had cable ties for affixing placards to street furniture.

8. Kettling/containing demonstrations

‘Kettling’ takes place under common law powers to prevent a breach of the peace and, as the purpose of the containment is supposedly to effect dispersal, the police do not have an automatic right to take your details before letting you out. However, they may in some circumstances be permitted to do so on the basis they are investigating criminal offences of which you or others are suspected.

Section 60 Criminal Justice and Public Order Act 1994 gives police the right to search people in a defined area at a specific time (such as in a ‘kettle’) when they believe, with good reason, that: there is the possibility of serious violence; or that a person is carrying a dangerous object or offensive weapon; or that an incident involving serious violence has taken place and a dangerous instrument or offensive weapon used in the incident is being carried in the locality. This action has to be authorised by a senior officer.

9. Dispersal orders

Under s.35 of the Anti-social Behaviour, Crime and Policing Act 2014, the police (including Police Community Support Officers) can order people to leave an area, and not return for 48 hours. This power is not exclusive to demonstrations or public events but can be used in any public place or situation.

The only specific exclusions from dispersal are peaceful trade union picketing or ‘taking part in a public procession of the kind mentioned in… the Public Order Act 1986’ (ie, the type of event for which section 14 is not applied as it is a march and you are expected to give notice in advance to the police.)

The dispersal order must be authorised by ‘a police officer of at least the rank of inspector’ who is ‘satisfied on reasonable grounds’ that it is necessary for the purpose of removing or reducing the likelihood of ‘members of the public in the locality being harassed, alarmed or distressed, or of preventing ‘the occurrence in the locality of crime or disorder’.

An authorisation for dispersal must be in writing, must be signed by the officer giving it and must specify the grounds on which it is given.

The power to order you to disperse does not include the power to demand your name and address; however, the police are ordered under the legislation to ‘make a record of (a) the individual to whom the direction is given, (b) the time at which the direction is given, and (c) the terms of the direction (including in particular the area to which it relates and the exclusion period)’. They might logically translate this as needing for their own purposes to take your details; however you are not obliged to provide them if you are not being accused of not complying.

The dispersal powers also allow officers to compel you to ‘surrender to the constable any item in the person’s possession or control that the constable reasonably believes has been used or is likely to be used in behaviour that harasses, alarms or distresses members of the public. If the item is not criminal in itself it will be returned to you at the end of the exclusion period. If it is not claimed within 28 days it can be destroyed.

You can be arrested for failing to comply. Failing to comply with a dispersal order is punishable by a fine or a prison sentence of up to three months. Failing to surrender an item is punishable by a fine.

10. Under arrest

In England and Wales, you do not need to give your details to the police, either in public or at the station. This can delay your release; however, the police can only legally hold you for 24 hours unless further time has been authorised by either an officer at least the rank of a superintendent or a Magistrate/Justice of the Peace. After that you must be either charged or released, regardless of them gaining your details. If you are charged and taken to court, you are legally obliged to state your name, address and nationality.

The police will nonetheless try to get you to state your name, address, date of birth and other details on arrest. Our advice is not to engage in any discussion about your activities or any other matter outside of a formal police interview with a solicitor present.

In Scotland you must provide your name, address, date of birth, place of birth (in such detail as a constable considers necessary or expedient for the purpose of establishing the person’s identity) and nationality.

The police can fingerprint you, photograph you and take a swab of your saliva for DNA identification. They may use reasonable force to do this. If you are charged and convicted, the police can retain your DNA and fingerprints indefinitely. If you are charged but not convicted, or arrested and neither charged nor convicted, there are different time periods for how long the records can be retained. In some circumstances, usually where you have not been charged and have no previous criminal record, you can apply for ‘early deletion’.

You are entitled to have a named person informed of your detention. You will have to give the police the number you wish to contact.

You are entitled to have a solicitor informed of your detention and to contact and speak in private to a solicitor of your choice. The police have no right to question you without a solicitor present. Insistence on access to a solicitor may prolong your detention in the short term, but will decrease the chance of charges and convictions. Accepting a caution is an admission of guilt and will be on record.

The initial time limit on detention without charge for criminal offences in England and Wales is 24 hours, which can be extended to 36 hours, or 96 hours with the consent of a magistrate. In Scotland the police can detain you for up to 12 hours and in some instances 24 hours. The position in regard to detention under anti-terror legislation is different and is outlined elsewhere.

The police have a power to search any person who has been arrested to find articles used in commission of a criminal offence. They have no overall general power to enter and search premises without a warrant; however there are wide-ranging circumstances in which they can do so, including to effect an arrest or to search the property while you are under arrest. If the police come to search your house, you should always ask them whether they have a warrant. If they do not have one, you should ask them to specify what power they are using to do so without one. If possible, you should not allow them entry without an answer to this question.