Going to a protest
If you wish to attend a protest and want to understand what specifically has changed since new protest laws were passed, we recommend Liberty's ‘How does the new Policing Act affect my protest rights?’ It breaks down and highlights the areas where the law has changed.
This short guide from Extinction Rebellion (XR) Legal Support also sets out what exactly has changed in the law.
Public Order Act 1986
During the mourning period for the late Queen Elizabeth II, we saw a rise in police making arrests using section 5 of the Public Order Act 1986 (‘for actions likely to cause harassment or distress’). However to break section 5 of the Public Order Act, you must use threatening or abusive language, or disorderly behaviour, that is likely to cause someone else harassment, alarm or distress – merely offending people is not enough. A senior officer later confirmed that police making these arrests did not properly understand the law.
Aggravated Activists
‘Aggravated Activists’ is a new term by the Police to describe campaigners and protestors. It replaces the term ‘domestic extremists’. Article 11 Trust breaks down the effect and impact of being labelled as an Aggravated Activist. This term can be used even if you have not broken the law and people who have certain political ideologies, for example anarchists, may automatically be classified as ‘High-Level Aggravated Activists’. Many organisations are concerned that this is a dangerous term that will infringe on the Article 11 right to freedom of assembly and association, and potentially the public sector equality duty and other human rights protections we have.
Get advice on protest and human rights related questions
Liberty has a telephone Advice Line where they can advise and answer your protest-related questions such as:
- What happens when I am arrested at a protest but not taken into custody?
- If I give the police my name, am I in a criminal database?
- Does a caution show up on my DBS?
- Can I be fired from my job if I am arrested at a protest?
- Can I travel abroad if I have a protest arrest on my record?
The Advice Line is not suitable for those who are currently under arrest, on bail, or are in custody. If you have already been arrested and fined or sentenced or a historical protest arrest, they may be able to offer you some advice.
They are also able to answer more general human rights related questions around a range
Their telephone line is open on:
- Monday evenings from 6pm to 8pm
- Tuesdays lunchtimes from 12pm to 2pm
- Thursday evenings from 6pm to 8pm.
You can reach the Advice Line by calling 0800 988 8177 and selecting option 3 from the main menu. They receive many calls and have limited capacity, so you may experience a wait before you get through to one of their advisers. Their Advice Line is usually very busy when it first opens. If you cannot get through immediately, they suggest that you try calling back during the second hour of opening, which is usually quieter.
Free online ‘Know Your Rights’ training
Green and Black Cross offers regular online and occasional in-person ‘Know Your Rights’ training for people attending protests. Visit their website to find out when the next available training date is taking place.
Extinction Rebellion (XR) offers resources on involvement in their various campaigns and working groups. They offer training opportunities and briefings on the new protest laws.
Your rights if you are ‘kettled’
Netpol provides a guide to your rights if you are ‘kettled’ by police. A kettle is when police surround protestors to keep them in a particular place. Police don’t call it kettling, they call it ‘containment’. Liberty also outlines what your rights are if you find yourself in a police kettle.