header-logo header-logo

23 June 2021
Issue: 7938 / Categories: Legal News , Human rights , Public
printer mail-detail

Support for right to noisy protests

A parliamentary committee has slammed government plans to curb non-violent protest as inconsistent with basic human rights
It warned the draft Bill could silence chanting and criminalise peaceful protest.

Part 3 of the Police, Crime, Sentencing and Courts Bill, which deals with public order, creates an offence of ‘intentionally or recklessly causing public nuisance’ (cl 59).

In its report published this week on the draft legislation, however, the Joint Committee on Human Rights said peaceful protests were, ‘by their nature liable to cause serious annoyance and inconvenience and criminalising such behaviour may dissuade individuals from participating’. It said existing laws already deal with public nuisance offences and the current drafting risks the new offence being broader than the common law offence it would replace.

Instead, the committee recommended ‘the introduction of express statutory protection for the right to protest, setting out the obligation on public authorities to refrain from interfering unlawfully with the right but also the duty to facilitate protest’.

The committee called for the complete removal of some clauses from the bill, including a trigger for imposing conditions based on noise. The committee said: ‘This  strikes at the very heart of why people gather together to protest―to have their voices heard.’

The committee said new powers to impose conditions on one-person protests in England and Wales should be dropped, and clauses that increase penalties for breaching conditions placed on protests should be removed.

Harriet Harman MP, chair of the committee, said: ‘The government proposals to allow police to restrict “noisy” protests are oppressive and wrong.

‘The government put forward new powers in areas where the police already have access to powers and offences which are perfectly adequate. Noisy protests are the exercises of the lungs of a healthy democracy.

‘We are calling for the right to protest peacefully to be given explicit statutory protection.’

Issue: 7938 / Categories: Legal News , Human rights , Public
printer mail-details

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll