Know Your Rights: A Guide for Protesters and Organisers
Understanding Your Rights:
You have the right to protest, protected by the Human Rights Act and the European Convention on Human Rights. This means you can express your opinions and gather peacefully.
The police can set certain rules for protests under the Public Order Act 1986. These rules may include restrictions on the protest route, noise levels, or equipment used.
It's important to follow any rules the police have communicated to you. Ignoring these rules can lead to legal consequences, but you are not responsible for rules you weren't aware of.
Generally, you don’t have to provide your personal information to the police unless they believe you're acting in an "anti-social" manner, as outlined in the Police Reform Act 2002.
If stopped by police, it's wise to stay silent and ask to speak with a lawyer before answering any questions. This helps protect your rights.
Your Rights and Responsibilities as an Organiser
As an organiser, you typically don’t need special permission to hold a protest, but you may need to notify the police in writing if you’re organising a march in England or Wales.
The police can still impose conditions on your protest. As the organiser, it's your responsibility to inform participants about these conditions.
It’s illegal to ignore these conditions or encourage others to break them. However, you won’t be held accountable for things you cannot control.
What to Do If You’re Arrested
The police must have a valid reason for your arrest and explain it to you.
You have the right to contact a lawyer and request an interpreter if needed. Utilise these rights and avoid answering questions without legal guidance.
If you have medical needs or are vulnerable, inform the police and ask for the necessary support.
Do not accept a "caution" (which admits guilt) without consulting a lawyer first, as this can affect your criminal record.
Examples of Unfair Treatment
The new Policing Act 2022 has raised concerns about giving police excessive power to restrict protests, even peaceful ones.
Activist groups, particularly those focused on environmental and racial justice, report being unfairly targeted and monitored by authorities.
Some protesters have faced harsh conditions, mass arrests, and aggressive policing even when they acted peacefully.
If you encounter unfair treatment, seek legal advice and consider reporting the incident. Keeping records can help you challenge any unlawful actions.
Specialist Protest Lawyers
You can reach out to the following law firms specialising in protest law for legal advice and representation:
Commons: 020 3865 5403
ITN Solicitors: 020 3909 8100
Hodge Jones Allen (HJA): 0844 848 0222
Bindmans: 020 7305 5638
Kelly's Solicitors: 01273 674 898
Other Legal Support Organisations
Liberty: Offers a list of protest law solicitors. Visit www.libertyhumanrights.org.uk.
Netpol (Network for Police Monitoring): Connects you with legal support. Visit www.netpol.org.
Green & Black Cross: Provides a Protest Support Line (07966541511) and can send volunteers to assist arrested protesters.
Joint Council for the Welfare of Immigrants (JCWI): Advises non-British citizens on their rights when arrested.
Islamophobia Response Unit (IRU): Offers legal support for those facing Islamophobia, including during protests. Contact them at 0800 456 1226 or visit www.irunit.org.
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