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The right to protest is a fundamental part of a democratic society. In the UK, the right to peaceful protest is protected by the European Convention on Human Rights (Articles 10 and 11, incorporated via the Human Rights Act 1998) — freedom of expression and freedom of peaceful assembly. However, these rights are qualified and can be restricted by law for legitimate purposes such as preventing disorder or protecting the rights of others. The Public Order Act 1986 and the Police, Crime, Sentencing and Courts Act 2022 give the police powers to impose conditions on protests.
Last updated: 2026-03-01
Your Rights
Freedom of Assembly
You have the right to gather with others for a peaceful protest. This is protected by Article 11 of the ECHR. The police cannot ban a protest outright — they can only impose conditions. A complete ban on marches requires the consent of the Home Secretary (or local authority in London).
Freedom of Expression
You have the right to express your views, hold placards, chant slogans, and distribute leaflets during a protest. This includes the right to express unpopular or offensive views. However, speech that incites violence, racial hatred, or constitutes a criminal offence is not protected.
Right to Protest on Public Highway
Peaceful use of the public highway for protest purposes (including standing with placards, handing out leaflets) is lawful and protected. You do not need permission to protest on a public highway, though the police may impose conditions. The Supreme Court confirmed in DPP v Ziegler [2021] that peaceful protest on the highway is a lawful use of the highway.
Right Not to Be Kettled Arbitrarily
The police tactic of 'kettling' (containing protesters in a confined area) must be proportionate and necessary. The police must have reasonable grounds to believe it is necessary to prevent a breach of the peace. You should be allowed to leave as soon as it is safe to do so.
Common Myths
You need permission from the police to hold a protest.
You do not need police permission for a static protest. For marches/processions, you must give advance notice (6 clear days) under s.11 of the Public Order Act 1986, but this is notification, not permission.
The police can arrest you just for protesting.
Peaceful protest is lawful. The police can only arrest you if they reasonably suspect you are committing a criminal offence (e.g., obstruction, violent disorder, aggravated trespass).
You can be prosecuted for being annoying or inconvenient.
Some disruption is an inherent part of protest and is protected. However, the Police, Crime, Sentencing and Courts Act 2022 introduced powers allowing police to impose conditions on protests that cause 'serious disruption' to the life of the community.
What To Do
Know Before You Go
Understand your rights and the law before attending a protest. Carry ID, a phone (charged), and the number of a legal support line. Tell someone where you are going and when you expect to be back.
If Police Impose Conditions
The police can impose conditions under ss.12 and 14 of the Public Order Act 1986 (e.g., limiting numbers, location, or duration). Listen carefully to any conditions imposed. Failing to comply with conditions is an offence.
If You Are Arrested
You have the right to know why you are being arrested. You have the right to free legal advice at the police station. Do not resist arrest — this is a separate offence. Give your name and address but you are not obliged to answer further questions until you have spoken to a solicitor.
Key Legislation
- Human Rights Act 1998
- Public Order Act 1986
- Police, Crime, Sentencing and Courts Act 2022
- Criminal Justice and Public Order Act 1994
- Highways Act 1980