Responding to the Court of Appeal’s judgment on the appeal made by 16 Just Stop Oil protesters against their prison sentences for a range of peaceful protests, Kerry Moscogiuri, Amnesty International UK’s Director of Campaigns, said:

“Today’s ruling highlights the urgent need for the UK’s protest laws to be revised.

“It’s good the Court confirmed that the fundamental rights to freedom of expression and assembly will always be relevant to the sentencing of peaceful protesters, and it is welcome that some of the sentences in this case have been reduced. But we are in danger of having laws that only allow for protests that don't bother anybody, and that treat peaceful protest worse than many violent offences. It’s incredibly unjust that peaceful protesters face being locked up for years.

“We call on the UK government to drop the new anti-protest laws that they have just tabled themselves and institute a fully independent and public review of the protest laws that have been passed in recent years.”

Policing protest in the UK

Today’s ruling involved 16 JSO activists from four separate cases. The decision by the court to conduct the hearing as a single, mass two-day event highlighted the significance of this case - it is rare for so many different appeals to be combined.  

The right to protest in England and Wales has been eroded in recent years, despite being protected under international law. In 2022, the Police, Crime, Sentencing and Courts Act handed police in England and Wales broad powers to shut down protests and expanded criminal offences and punishments for peaceful protest activities, including a maximum 10-year prison sentence for causing ‘public nuisance’ - the offence at the heart of many of the cases decided today.

This was followed by the even more draconian Public Order Act 2023 and the particularly controversial Serious Disruption Regulations 2023, regulations that were recently found by the High Court to be unlawful, but which remain in place while the Government pursues an appeal.

Thanks to this authoritarian legislation, police can define almost any demonstration as “seriously disruptive” and impose restrictions on it. Peaceful tactics like locking on, tunnelling and even causing “serious annoyance” were criminalised. New powers were created to issue orders banning people from even attending protests.  

There has also been a steep rise in the use of facial recognition technology in the policing of protest. This is despite the UK Court of Appeal concluding in 2020 that the legal framework in place at the time for this technology violated human rights.

Hundreds of protesters have been arrested. Some have received long custodial sentences and many prosecutions remain pending. Following his visit to the UK in January 2024, the UN Special Rapporteur on Environmental Defenders warned that environmental activists face a “severe crackdown” due to the repressive legislative framework and introduction of new criminal charges.

New stop and search powers, including suspicionless stop and search, can be used against people at or on the way to protests. Existing evidence highlights that stop-and-search powers are disproportionately used against Black and other minoritised people, itself a feature of an institutionally racist policing and criminal justice system. The expansion of these powers serves as a gateway for further racialised police encounters.

Anti-protest rhetoric and stigmatisation

Climate change and pro-Palestine protesters in the UK have been heavily stigmatised and their actions used in part as justification for further anti-protest legislation. High-ranking officials labelled disruption created by environmental protests as “a threat to our way of life” and described activists as “using guerilla tactics”.

Now the new government seems intent on following its predecessor, by introducing yet more anti protest measures in its new Crime and Policing bill. These include a power to criminalise the wearing of facial coverings at a protest, risking discrimination against Muslim women and people with health conditions, and the power for police to require foreign nationals such as student protesters to leave the country as a condition of issuing a caution, without any of the due process protections that apply to enforced removals.

Existing international human rights standards require Governments not to introduce any measures that place disproportionate restrictions on people’s freedom of expression and assembly - it is accepted that protest by its very nature can be disruptive. 

As well as calling for the scrapping of recently passed laws, Amnesty hopes the Government will move away from previously used stigmatising discourse and rhetoric, fuelling harmful stereotypes and portraying peaceful protesters in a way that fuels hostility. This includes characterising protesters as criminals, terrorists, threats to public order and security, or a nuisance to be crushed. Amnesty also recommends that regular and systematised data collection and reporting on restrictions imposed by authorities, including the police, is undertaken.