What are my rights at a protest or public demonstration in England and Wales?

The right to peaceful protest is protected under the Human Rights Act 1998, which incorporates Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) of the European Convention on Human Rights. These rights are qualified: the state can restrict them where necessary for reasons including public safety, the prevention of disorder or crime, or the protection of others' rights.

For most public processions (moving protests), the organisers must give the police six days' advance written notice. This does not apply to spontaneous protests. The police can impose conditions on the procession, including its route, size, and the noise it can make. In extreme cases a senior police officer can apply to the local authority to prohibit a procession entirely.

Static assemblies (protests in one place) do not require advance notice but can also have conditions imposed by a senior officer under section 14 of the Public Order Act 1986. Conditions can specify the location, duration, and maximum numbers, and can be imposed where the officer reasonably believes the assembly may result in serious public disorder, serious criminal damage, or serious disruption to the life of the community.

The Police, Crime, Sentencing and Courts Act 2022 significantly expanded police powers in relation to protests. It introduced new powers to impose conditions on static assemblies causing "serious unease, alarm or distress" and created a new offence of "serious disruption to the life of the community." These powers were controversial and have been subject to legal challenge.

The Crime and Policing Act 2026 created further protest offences, in force from 29 June 2026. It is now an offence to conceal your identity in a designated area (section 157, maximum one month's imprisonment or a level 3 fine), to possess a pyrotechnic article such as a flare while taking part in a protest (section 160, maximum a level 3 fine), to climb on a specified war memorial listed in Schedule 17 (section 161, maximum three months' imprisonment or a level 3 fine), and to protest outside or near a public office-holder's home in order to influence them in the exercise of their role (section 162, maximum six months' imprisonment or a level 4 fine).

If police tell you to move or disperse under a lawful direction, you must comply. Failing to comply is a criminal offence. However, you can note the officer's details and challenge the legality of the direction later through legal proceedings.

Key Points

• You have qualified rights to peaceful protest under Articles 10 and 11 of the ECHR
• Processions generally require six days' advance written notice to police
• Senior officers can impose conditions on processions and static assemblies
• The Police, Crime, Sentencing and Courts Act 2022 gave police broader powers to impose conditions
• You must comply with a lawful direction to move; challenge it legally afterwards if you believe it was unlawful
• Obstructing a highway without lawful excuse is a separate criminal offence
• Peaceful protesters can still be arrested if officers reasonably apprehend a breach of the peace
• Filming and observing a protest is generally lawful