Civil Liberties & Protest Rights

Freedom of Expression — Article 10 ECHR (HRA 1998, Sch. 1): everyone has the right to freedom of expression, including the freedom to hold opinions and to receive and impart information and ideas without interference by public authority. Its exercise carries duties and responsibilities and may be restricted only as prescribed by law and necessary in a democratic society.

Freedom of Assembly — Article 11 ECHR: everyone has the right to freedom of peaceful assembly and to freedom of association, including forming and joining trade unions. Restrictions must be prescribed by law and necessary in a democratic society in the interests of national security or public safety, the prevention of disorder or crime, the protection of health or morals, or the protection of the rights and freedoms of others.

Proportionality — A public authority restricting assembly or association must show its action is lawful, necessary and proportionate; action is proportionate when it is appropriate and no more than necessary to address the issue concerned (EHRC guidance). Proportionality must also be assessed when public-order offences are applied to protest (DPP v Ziegler).

Conditions on Processions — Under s.12 Public Order Act 1986, a senior police officer who reasonably believes a procession may result in serious public disorder, serious damage to property or serious disruption to the life of the community — or (in England and Wales) that its noise may cause serious disruption to an organisation's activities or have a significant relevant impact on persons in the vicinity — may impose conditions. The noise triggers were added by the Police, Crime, Sentencing and Courts Act 2022 (in force 28 June 2022).

Conditions on Assemblies — s.14 POA 1986 mirrors s.12 for static assemblies, with the same disorder, damage, disruption, noise and intimidation triggers.

Places of Worship — From 29 June 2026 the Crime and Policing Act 2026 amended ss.12 and 14 POA 1986, adding a trigger where a procession or assembly in the vicinity of a place of worship may intimidate persons of reasonable firmness and deter them from accessing it or carrying out religious activities there.

Protest-Specific Offences — The Public Order Act 2023 created offences of locking on (s.1), being equipped for locking on (s.2), causing serious disruption by tunnelling (s.3), and interference with the use or operation of key national infrastructure (s.7).

Serious Disruption Prevention Orders — Part 2 of the Public Order Act 2023 allows SDPOs to be made on conviction (s.20) or on application (s.21), imposing ongoing restrictions on individuals in connection with protest-related conduct.

Surveillance Safeguards — The Investigatory Powers Act 2016 'sets out the extent to which certain investigatory powers may be used to interfere with privacy', imposes privacy duties, and creates offences for unlawful interception of communications and unlawful obtaining of communications data (s.1).

Enforcement of Rights — Because ss.12 and 14 decisions are made by public authorities, they must comply with Convention rights and can be challenged by judicial review or under the Human Rights Act 1998.