Drepturile la protest (extins)
The right to peaceful protest is protected by Articles 10 and 11 of the ECHR (freedom of expression and assembly). However, recent legislation — particularly the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023 — has significantly expanded police powers to impose conditions on and restrict protests. Counter-terrorism powers (Schedule 7 stops, s.43 Terrorism Act searches) may also be used in the context of protests.
Last updated: 2026-03-01
Your Rights
Right to Peaceful Assembly
You have the right to organise and participate in peaceful protests. The police cannot ban a protest outright (except marches, under s.13 Public Order Act 1986). They can impose conditions on route, timing, and numbers under s.12 (processions) and s.14 (assemblies).
Right Not to be Kettled Indefinitely
Police kettling (containment) must be necessary, proportionate, and for the shortest time possible. You must be allowed to leave as soon as reasonably practicable. Prolonged kettling without justification may breach Article 5 ECHR.
Right to Film and Record
You have the right to film the police and take photographs at protests. The police cannot delete your recordings or confiscate your phone without lawful authority. Section 58 Terrorism Act does not criminalise photography of the police.
Protection from Counter-Terrorism Powers
Police may use s.43 Terrorism Act 2000 (stop and search if reasonable suspicion of being a terrorist) at protests. However, they cannot use general stop and search powers (s.1 PACE) to search for protest materials, and s.44 blanket stop powers were found unlawful in Gillan v UK.
Right to Legal Support
If arrested at a protest, you have the right to free legal advice at the police station. Organisations like Green & Black Cross, the Legal Defence and Monitoring Group, and the Network for Police Monitoring (Netpol) provide legal observer services.
Common Myths
The police can ban any protest
The police cannot ban static protests. They can ban marches only with the consent of the Home Secretary. They can impose conditions (time, route, numbers) on both marches and assemblies, but must show necessity.
You can be arrested just for protesting
Peaceful protest is lawful. You can be arrested for specific offences (e.g., obstruction of the highway, criminal damage, breach of conditions), but not simply for protesting.
Counter-terrorism powers are routinely used against protesters
While s.43 Terrorism Act powers can theoretically be used, they require reasonable suspicion. Blanket use of stop and search powers at protests has been found unlawful.
What To Do
Know Your Rights Before You Go
Read a legal briefing from protest support organisations. Save the number of a legal support line on your arm (not just your phone). Carry ID if you wish but you are not legally required to.
If Stopped or Searched
Ask the officer to identify themselves and state the legal basis for the stop/search. You are entitled to a written record. If stopped under s.43 Terrorism Act, the officer must have reasonable suspicion — ask them to explain.
If Arrested
Stay calm. Give your name and address but say 'no comment' to other questions until you have spoken to a solicitor. You are entitled to free legal advice at the police station. Contact a protest legal support organisation.
Key Legislation
- Human Rights Act 1998
- Public Order Act 1986
- Public Order Act 2023
- Police, Crime, Sentencing and Courts Act 2022
- Terrorism Act 2000