WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
September 09 2024
WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
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Changes to protest legislation unlawful – High Court

Changes to protest legislation unlawful – High Court

Liberty outside the High Court

The High Court has ruled that new regulations, introduced by Suella Braverman, which criminalised peaceful protests, were unlawful.

The former Home Secretary was behind legislation introduced last year which allowed police to arrest protestors for causing ‘serious disruption’. After amendments to the legislation were rejected by Parliament, Braverman issued regulations which redefined ‘serious disruption’ as ‘more than minor’.

It is estimated that the new definition would increase police intervention at protests by up to 50%.

Liberty, the human rights charity, brought a legal challenge to this redefinition, arguing that the new regulations represented ‘a constitutionally unprecedented attempt’ to reintroduce the legislation ‘by the back door’.

The court found that changing the definition so substantially was beyond the Home Secretary’s power; as a result, the regulations were unlawful.

The court also ruled that the Home Secretary’s consultation was unlawful and unfair. Braverman had only consulted police forces, and failed to take into account the interests of other parties.

Following the ruling, Liberty has hailed the judgement as ‘a victory for democracy’, stating that it ‘sets down an important marker that the Government cannot just do what it wants.’

The Home Office has stated that it would appeal against the ruling. Liberty has called on the police to refrain from using these powers until the appeal has been heard.

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