‘This Government has finally seen sense and this backdown is a step forward for the right to protest after years of attacks by those in power.’
Human rights organisation Liberty has achieved “a victory for protest rights” by defeating a crucial aspect of an anti-protest law introduced by Suella Braverman.
The Labour government appealed the legal challenge but has now dropped its case, meaning the law has been overturned.
Liberty said this is “a step forward for the right to protest”. However, they said “justice now needs to be served for anybody wrongfully arrested or convicted under these laws that should never have existed in the first place”.
Two years ago, Liberty launched a legal challenge after the former Home Secretary changed the legal definition of when police could restrict protests under the Public Order Act 1986.
Braverman introduced a statutory instrument to lower the threshold when police could intervene in protests from ‘serious disruption’ to ‘more than minor’. Statutory instruments can pass with minimal parliamentary scrutiny.
Last month, the Court of Appeal agreed with an earlier High Court ruling (in May 2024) which found Braverman had made the change unlawfully.
Labour has now decided not to appeal for a second time. This means the legislation reverts to its previous higher threshold and that police will not be able to intervene in as many protests.
Director of Liberty, Akiko Hart, said: “Our ability to make ourselves heard is fundamental in a democracy and must be protected. This Government has finally seen sense and this backdown is a step forward for the right to protest after years of attacks by those in power.”
However, she added: “While this case dragged on, the police used these regulations to funnel protesters into the criminal system.
“Justice now needs to be served for anybody wrongfully arrested or convicted under these laws that should never have existed in the first place, and the Government must urgently review every case.”
Olivia Barber is a reporter at Left Foot Forward
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