The UK Court of Appeal has upheld a ruling declaring 2023 protest regulations unlawful, delivering a significant blow to legislation that civil liberties groups argued undermined the right to protest and bypassed Parliament’s authority.
Legal Challenge and Court Ruling
The case, brought by Liberty, challenged the secondary legislation introduced by then Home Secretary Suella Braverman, which lowered the threshold for police intervention in protests from “serious disruption” to “more than minor”. The Court of Appeal ruled that this redefinition was unlawful, confirming that Braverman had exceeded her legal authority.
Lord Justice Underhill, Dingemans, and Edis emphasized that “serious” disruption requires a high threshold, rejecting the government’s appeal and reinforcing the constitutional principle that ministers cannot rewrite laws through secondary legislation.
Civil Liberties Groups Celebrate Victory
Liberty hailed the ruling as a “huge victory for democracy”, with Director Akiko Hart stating: “These laws should never have been made. They were a flagrant abuse of power.” The organization is now urging the government to review all arrests and prosecutions made under the unlawful regulation.
Next Steps and Government Response
The High Court previously noted that the law had already been used to arrest and prosecute demonstrators. A formal decision on whether the legislation will be fully revoked is expected in the coming weeks.
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The Royal Courts of Justice Picture from geograph.org.uk by John Allan and licensed for reuse under this Creative Commons Licence
