Balancing Order and Rights: Reforming UK Protest Law Enforcement in the Wake of Pro-Palestine Demonstrations

The enforcement of protest laws in the UK has entered a new phase of scrutiny following mass pro-Palestine demonstrations and invocation of the Public Order Act 2023 (POA23). While public safety remains a legitimate concern, increasing legal and civil society pushback suggests enforcement measures may now pose a serious risk to the democratic right of peaceful assembly and free expression. The May 2024 High Court ruling is a notable example of this pushback.

This post examines the use and implications of POA23 as applied to protests around foreign policy issues. It offers targeted policy recommendations to the Home Office and relevant parliamentary committees, calling for revisions that uphold public order without infringing on fundamental freedoms.

Current Legal Landscape

As demonstrated in a recent Amnesty International report, POA23 introduced expanded police powers to impose conditions on protests deemed ‘disruptive’ . This including noise-based restrictions and stop-and-search powers without suspicion. These were justified on the grounds of maintaining public order and minimising public nuisance, however, the provisions have been controversially applied. Protests critical of government foreign policy, such as those supporting Palestinian rights, have faced particularly significant scrutiny .

In May 2024 High Court ruled that certain applications of the Act – including the vague definition of 'serious disruption' – were unlawful. This affirmed concerns raised by groups like Liberty and Amnesty International that the law risks criminalising legitimate protest.

Despite this ruling, enforcement practices have not meaningfully changed. Amnesty’s Human Rights April 2025 report indicated unreasonable restrictions on protests in the UK. For example, Netpol documented dozens of instances where protestors were detained for minor infractions or under ambiguous pretexts in its report on the policing of the UK protests against Israeli genocide. The report presents significant data from a single event in November 2023, highlighting that over 44% of the 305 arrests were released immediately without further action.

Core Issue: Impact on Civil Liberties

The ongoing enforcement of the POA23 creates a chilling effect on civic engagement, especially among marginalised groups. Diasporic communities, often leading pro-Palestine demonstrations, report feelings of intimidation and fear when participating in political protest .

These protests have been notable not just in size, but in their symbolic and political power. Major UK cities such as London, Manchester, and Glasgow have hosted protests of thousands calling for ceasefires, end to arms sales, and accountability under international law. Beyond the immediate political goals, the demonstrations have provided a platform for solidarity, educations, and transnational community-building.

Protest functions as more than a form of dissent; it is a platform for visibility that enables marginalised voices to enter public discourse. Ganz highlights the way pProtest can raise awareness and challenge dominant narratives, playing a pivotal role in shaping national conversations and informing public opinion. This is particularly significant for complex international issues where parliamentary consensus is lacking and existing international relations can blur ethical lines . When the state supresses this form of expression, it weakens the democratic fabric of society by silencing public voices.

The case of pro-Palestine activism is demonstrative here as the protests have aimed to push the UK government to take a stronger diplomatic stance in relation to the Israeli treatment of Palestinians. As argued by Colás, sSuppressing these protests silences critical foreign policy voices within civil society which play a role historically in shaping ethical public discourse. Furthermore, it stifles the emotional and cultural expression of diaspora groups who are directly impacted by foreign policy decisions.

Policy Recommendations

To address the urgent concerns surrounding the enforcement of protest laws, the following reforms should be considered:

1. Amend the Definition of ‘Serious Disruption’ in the Public Order Act 2023

The current definition is overly broad and subjective, enabling disproportionate policing. Parliament should legislate to narrow the criteria for what constitutes ‘serious disruption’. This can draw from comparative EU case law and the UK High Court’s 2024 judgment. This would create clearer legal thresholds, limiting arbitrary interpretation by law enforcement

2. Introduce Independent Oversight of Protest Policing

As argued by HMICFRS, tThere is a growing credibility gap between police narratives and protestor experiences . Establishing a Protest Oversight Commission, under the remit of the Independent Office for Police Conduct, would allow the monitoring and review of enforcement strategies and complaints.

3. Protect the Rights of Diasporic and Minority Communities

Communities leading political protests on foreign policy are disproportionately targeted. Protecting the rights of these individuals should entail enacting specific safeguards against ethnic or religious profiling, including mandatory bias training and community liaisons during major demonstrations. This would ensure equal protection of rights across all communities and would strengthen civic participation.

4. Suspend Stop-and-Search Powers without Suspicion at Protests

These powers have been widely criticised by both the High Court and civil liberties organisations as excessive . Amending the Public Order Act to prohibit stop-and-search without reasonable suspicion in protest contexts is important for reducing unlawful, arbitrary policing practices. Furthermore, it aligns enforcement with human rights norms.

Conclusion

Protest is not merely a right, but a democratic necessity, particularly in times of crisis domestically and globally where it becomes a tool for accountability, solidarity, and social progress. The current enforcement approach under the Public Order Act 2023 undermines this principle, risking the erosion of public trust and civic engagement. While debates on the UK’s role in international conflicts continue, particularly in the Middle East, it is essential that the government upholds civil liberties, supporting the diaspora communities in the UK and listening to public opinions.

By adopting these targeted reforms, the UK can balance legitimate concerns for public order with democratic freedoms. The proposed recommendations aim not just to defend the right to protest, but to ensure it can be exercised safely, equally, and meaningfully by all.

Related Blogs

• 

  Weathering the Storm: What Extreme Weather Means for the UK’s Future

• 

  Are the costs for postgraduate study ethical?

• 

  "I’m just a girl” Has much changed since No Doubt’s feminist hit “Just a Girl” was released in 1995, and has the original message of the song been lost?

Disclaimer

The opinions expressed by our bloggers and those providing comments are personal, and may not necessarily reflect the opinions of Lancaster University. Responsibility for the accuracy of any of the information contained within blog posts belongs to the blogger.