The UK government acted unlawfully by amending legislation to grant police increased powers to suppress street protests, judges ruled on Tuesday, May 21, 2024.
The legal challenge was brought by the civil liberties group Liberty, which argued that the amendments provided police with “almost unlimited” authority to restrict protests. These changes were introduced under the tenure of then-Home Secretary Suella Braverman, who had vowed to crack down on protesters employing “guerilla tactics,” particularly those from environmental groups like Just Stop Oil and Extinction Rebellion.
The High Court’s decision focused on the powers granted to the Home Secretary to amend existing laws, allowing police to intervene during protests to prevent “serious” disruption. Judges ruled that lawmakers had not intended to lower the threshold for police action, which the Home Office had reduced to targeting disturbances considered “more than minor.”
The ruling criticized the government for only consulting law enforcement agencies before enacting the changes. “For the procedure to be fair and balanced, government needed at least to obtain the views of those who might be adversely affected by the proposed measures,” the judges stated.
Liberty hailed the judgment as “a victory for democracy,” asserting that it “sets down an important marker that the government cannot just do what it wants.” Braverman, known for her right-wing stance and controversial comments on immigration, initially attempted to enhance police powers through a parliamentary vote on a new public order act, which lawmakers rejected. She later used secondary legislation, which allows ministers to amend existing laws, to implement the changes “through the back door,” according to Liberty.
The government has indicated its intention to appeal the ruling.
