Recent days have seen a considerable number of protests about matters such Palestine Action (a body now proscribed under Terrorism legislation), Recognition of Palestine as a State, and the housing of immigrants in hotels such as The Bell Hotel, Epping (previous post). On 13 September, a march took place in London organised by activist Stephen Yaxley-Lennon (aka Tommy Robinson) and that was met by counter-protesters.
Part II of the Public Order Act 1986 imposes a requirement for advance notice to be given to the Police of 'public processions.' A public procession is defined by the legislation, in a circular way, as ' a procession in a public place' (section 16). The general requirement is that the organisers of public processions have to give notice to the Police 'not less than 6 clear days before the date when the procession is intended to be held' - section 11(5).
The legislation allows the Police
to impose conditions on public processions (section 12) and to prohibit public processions (section 13). In the exercise of their powers, the Police have to adhere to the legislation.'Public Assemblies' are defined as assemblies of 20 or more persons in a public place which is wholly or partly open to the air. Conditions may be imposed by the Police (section 14).
'One person protests' are subject to section 14ZA which empowers the Police to impose conditions. 14ZA was added by the Police, Crime, Sentencing and Courts Act 2022.
A further complication to the legislation is Trespassory Assemblies (section 14A). The Police have power to prohibit such assemblies and also to stop persons proceeding to them (section 14C).
This legislation is complex and the Police powers are defined in broad terms. Overall, the law places significant restrictions on protest.
The European Convention on Human Rights is now firmly in the firing line for various politicians who wish to take the UK out of the Convention. As things stand now, Article 11 offers a Right to Peaceful Assembly but note that the right can be restricted for reasons set out in paragraph 2.
The European Court of Human Rights has published material explaining Article 11 and how the court interprets it. The material states - 'The right to freedom of peaceful assembly is a fundamental right in a democratic society and, like the right to freedom of expression, is one of the foundations of such a society. Thus, it should not be interpreted restrictively.'
Article 11 is closely linked to Article 10 - another right that can be restricted as specified in paragraph 2.
Article 10 and 11 are just two examples of what will be missed if the UK ever leaves the European Convention. English law does NOT positively provide for such rights.
UK Government - Protests and Marches - letting the Police know
24 September 2025
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