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PROTEST 
 

1. YOUR RIGHT TO PROTEST

The right to protest is a fundamental democratic right protected by law in the UK. Two articles of the European Convention on Human Rights, incorporated into UK law by the Human Rights Act 1998, form the legal foundation:

Article 10 protects your right to freedom of expression — including the right to hold and communicate opinions publicly.

Article 11 protects your right to freedom of assembly and association — including the right to gather with others in peaceful protest.

These rights are not absolute. The law allows them to be restricted where necessary for public safety, prevention of disorder or crime, or protection of the rights of others. But any restriction must be lawful, necessary, and proportionate. The right to protest is not a gift from the state — it is a right that belongs to you.

2. BEFORE YOU GO

If you are organising a march or procession You should notify your local police at least six days in advance, in writing, giving the date, start time, proposed route, and name and address of an organiser. This is a legal requirement under the Public Order Act 1986. Failure to notify is a criminal offence for organisers.

If you are organising a static protest — where people gather and stay in one place rather than marching There is no legal requirement to notify the police in advance. However, letting them know voluntarily can help avoid unnecessary confrontation and gives you a record that you acted in good faith.

If you are attending as an individual You do not need to notify anyone. You have the right to attend any lawful protest.

Practical steps before you go Write down the number of a legal observer or protest legal support line on your arm in pen — not just in your phone, which can be seized. Know the address of the nearest police station. Tell someone where you are going and when you expect to be back. Consider what you are carrying — see section 4 on specific offences.

3. ON THE DAY

What you can do You can march, stand, chant, hold signs, and make noise as part of a peaceful protest. You can film police and protest activity in a public place — this is lawful. You can refuse to answer police questions beyond giving your name and address if required.

What police can do — conditions Under the Public Order Act 1986, as significantly strengthened by the Police, Crime, Sentencing and Courts Act 2022, a senior police officer can impose conditions on both marches and static protests. These can include start and finish times, location restrictions, maximum noise levels, and route changes.

Since 2022, police can impose conditions not just to prevent disorder or damage, but also where they believe a protest may cause serious disruption to the life of the community, serious disruption to the activities of a nearby organisation, or where noise may cause significant alarm, harassment, or distress to people in the vicinity.

Conditions can now be imposed on one-person protests as well.

If conditions are imposed Police must communicate conditions clearly. If you know or ought to know a condition has been imposed and you breach it, you may be committing a criminal offence. If you are unsure what conditions have been set, ask a police officer directly and clearly before proceeding.

Serious Disruption Prevention Orders The Public Order Act 2023 introduced Serious Disruption Prevention Orders (SDPOs). These are civil court orders that can restrict an individual's protest activity, movements, and even online behaviour if they have previously been convicted of a protest-related offence. Breaching an SDPO is a criminal offence.

4. SPECIFIC OFFENCES TO KNOW

The law around protest changed significantly with the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023. These are the key offences protesters need to understand.

Locking on It is now a criminal offence to attach yourself to another person, an object, or land in a public place where this causes or is capable of causing serious disruption to two or more people or to an organisation. This offence carries an unlimited fine on conviction. Carrying equipment that you intend to use to lock on is also a separate offence — even if you never use it.

This means that everyday objects — bike locks, cable ties, straps — could potentially be treated as locking-on equipment if police believe you intend to use them that way. Be aware of what you are carrying.

Tunnelling It is a criminal offence to create, participate in creating, or be present in a tunnel where this causes or is capable of causing serious disruption. The maximum penalty is up to three years imprisonment on indictment. Being equipped for tunnelling is also an offence, carrying up to six months imprisonment.

Obstructing major transport works Interfering with the construction or maintenance of major transport infrastructure is a criminal offence under the 2023 Act.

Interfering with key national infrastructure It is an offence to interfere with the operation of key national infrastructure including roads, railways, airports, and energy infrastructure.

Obstruction of the highway Wilfully obstructing the public highway remains a criminal offence. Since 2022 the maximum penalty increased from a fine to up to six months imprisonment.

Public nuisance The PCSC Act 2022 replaced the old common law offence of public nuisance with a new statutory offence covering conduct that causes serious harm, serious distress, or serious obstruction to the public. The maximum penalty on indictment is ten years imprisonment.

What "serious disruption" means The legal definition of serious disruption has been broadened significantly since 2022. It now includes a hindrance that is more than minor to people carrying out day-to-day activities, including simply making a journey. This is a deliberately wide definition and has been criticised by human rights organisations including Liberty and the Joint Committee on Human Rights as having a chilling effect on the right to protest.

5. IF POLICE APPROACH YOU OR YOU ARE ARRESTED

Whether police approach you at a protest or you are arrested, knowing your rights in that moment is critical.

 

From stop and search to no comment interviews, duty solicitors, and bail conditions — our dedicated page covers everything you need to know.

Know Your Rights — Arrest & Police Powers

6. AFTER

If you were arrested and released without charge, you may be released under investigation (RUI) or on bail with a return date. Keep records of everything and seek legal advice even if no charge has been brought.

If you are charged, get legal advice immediately. You may qualify for legal aid.

If you believe your rights were breached, you can make a formal complaint to the Independent Office for Police Conduct (IOPC).

Jump to — Justice Learning Hub

NEW LAW COMING
Face Covering at Protests

The Crime and Policing Bill, currently making its way through Parliament, will introduce a new offence of deliberately wearing a face covering to conceal your identity during a protest.

This means that while wearing a face covering for genuine reasons — such as health, religious belief or cold weather — remains lawful, deliberately using one to hide who you are during a protest will become a criminal offence once the Bill receives Royal Assent.

The Bill also bans the possession of fireworks, flares and other pyrotechnics at protests.

These measures apply to protests in England and Wales. The government says the changes are designed to help police identify those who commit offences during demonstrations, whilst lawful and peaceful protest remains fully protected under Articles 10 and 11 of the Human Rights Act 1998.

​Read the full government factsheet on GOV.UK

This page is for general information and education only. It is not legal advice. Laws can change. If you are facing charges or legal proceedings, always seek independent legal advice.

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