Policing Protests: Legal Framework and Rights

The right to peaceful protest is protected by Articles 10 (freedom of expression) and 11 (freedom of assembly and association) of the European Convention on Human Rights, given domestic effect by the Human Rights Act 1998. These are qualified rights, meaning that they can be restricted by the state for legitimate purposes such as protecting public order or the rights of others, but any restriction must be prescribed by law and must be necessary and proportionate in a democratic society. Police may not prohibit a peaceful protest simply because they disagree with its content.

The Public Order Act 1986 gives police powers to impose conditions on public processions (marches) and public assemblies (static protests). Under section 12, a senior police officer (the most senior in rank of the police officers present at the scene, a police officer authorised by a chief officer of police, or, for a procession intended to be held, the chief officer of police) may impose conditions on a procession if they reasonably believe that it may result in serious public disorder, serious criminal damage, serious disruption to the life of the community, or intimidation of others. Conditions may relate to route, duration, and participation numbers. Under section 14, conditions may be imposed on a static assembly on similar grounds. Under section 13, the chief constable may apply to a council for an order prohibiting processions for up to three months where they consider that conditions would not be sufficient to prevent serious public disorder.

The Police, Crime, Sentencing and Courts Act 2022 significantly expanded police powers to impose conditions on protests. New grounds for conditions include noise causing "serious disruption"; "serious disruption to the life of the community" is defined in s.12(2A) and s.14(2A), and the 2023 regulations that sought to widen it were ruled unlawful and quashed ([2024] EWHC 1181 (Admin), upheld [2025] EWCA Civ 571). The Act also created new offences of causing public nuisance and obstructing a highway (replacing common law offences), and extended the conditions that can be imposed on static protests to include noise levels. The Public Order Act 2023 further expanded powers by introducing "serious disruption prevention orders" which can be imposed on individual protesters.

Protesters who are arrested at a demonstration should receive legal advice before any interview. Common charges include obstruction of the highway (section 137 of the Highways Act 1980), wilful obstruction of a constable in the execution of their duty (section 89 of the Police Act 1996), public nuisance, and various offences under the Public Order Act 1986 and the Public Order Act 2023. The police must distinguish between lawful protest, however inconvenient, and criminal conduct that justifies arrest.

Updated 16 October 2026: s.12(1) and (2) of the Public Order Act 1986 as amended by Crime and Policing Act 2026 s.166 from 29 June 2026; the 2023 serious disruption regulations were quashed ([2024] EWHC 1181 (Admin), upheld [2025] EWCA Civ 571).