Powers to stop protest ~ Public Order Act 1986

Addition 5 October 2025 and 6 October 2025

One of the headlines to catch my eye this morning was The Guardian's - Police ask for Palestine Action protest to be postponed to free up officers in wake of terror attack. The report states that - 'Police have asked organisers of a mass protest against the ban on Palestine Action to postpone it so that resources can be used to protect Jewish and Muslim communities after the terror attack at a Manchester synagogue.'

It is also reported that Defend Our Juries said that it intends to go ahead with its action on Saturday.

 

The terror attack referred to is the Thursday (2 October) attack at a synagogue

in Northern Manchester on Yom Kippur (the Jewish Day of Atonement) - BBC News. Two men were killed in the attack and three others were injured. The attacker was named as Jihad Al-Shamie, a 35-year-old British citizen of Syrian descent. He was not previously known to counter-terrorism Police.  He was shot dead by the Police at the scene.

Is there a Police power to ban such a protest?  

A previous and recent post looked at Public Processions and Assemblies and also at what the Public Order Act 1986 has to say about them. 

The legislation distinguishes between Public Processions and Assemblies. 

Sections 11 to 13 are concerned with Public Processions for which advance notice has to be given. Conditions may be imposed and, in some circumstances they may be prohibited. 

Section 14 is concerned with public assemblies for which conditions may be imposed.

In the exercise of any of their powers, the Police have to adhere to the legislation.

Section 13 is cross-headed Prohibiting public processions. For protest in London, we can start to read the section from subsection 4.

(4) If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that, because of particular circumstances existing in his police area or part of it, the powers under section 12 will not be sufficient to prevent the holding of public processions in that area or part from resulting in serious public disorder, he may with the consent of the Secretary of State make an order prohibiting for such period not exceeding 3 months as may be specified in the order the holding of all public processions (or of any class of public procession so specified) in the area or part concerned.

IF, in the face of such an order, the protest were to still go ahead then the organiser(s) may be committing a criminal offence and so may those who take part in such a public procession. The offences in section 13 are summary-only (i.e. triable in the Magistrates' Courts).

If the planned protest is classifiable as a public procession then section 13(4) will enable it to be prohibited but only if (a) the Commissioner of Police reasonably (an objective test) believes that the procession would result in serious public disorder. IF that reasonable belief exists then the Secretary of State may be requested to consent to the making of a prohibition order.

In July 2025, Palestine Action became a proscribed organisation - previous post. 

Since then, the government has recognised a State of Palestine - BBC News 21 September 2025

Any developments will be noted below. 

5 October 2025

On 4 October, protests went ahead in both London and Manchester - BBC News - Saturday 4 October 2025 

The Home Secretary (Shabana Mahmood MP) announced that the Police will get new powers to crack down on repeated protests - The Guardian 5 October. 

'Under the planned powers, Mahmood will push through rapid changes to the Public Order Act 1986, allowing police to consider the “cumulative impact” of repeated protests. Details will be set out “in due course”, the announcement said.

If a protest has caused what a Home Office statement called “repeated disorder” at the same site for repeated weeks, police would be able to order the organisers to move it elsewhere, with anyone who fails to obey risking arrest.

Mahmood, the statement added, would also review existing legislation to ensure that powers were sufficient and being consistently applied. These included police powers to ban some protests completely.'

6 October 2025

The Guardian - Civil liberties groups express concern over plan for more anti-protest powers