Can a protest legally be stopped? Armistice Day pro-Palestine march set to go ahead

PM Rishi Sunak has been vocal about his opinion that the pro-Palestine march on Armistice Day is 'disrespectful'
Rachael Davies9 November 2023

A march in support of Palestine in central London has provoked disagreements due to it being planned on November 11.

On Armistice Day, also known as Remembrance Day, events are held all over the country to mark the armistice signed at the end of World War One and to remember the service people lost in the war.

Various officials have opposed the march, including government ministers Home Secretary Suella Braverman and Justice Secretary Alex Chalk, as well as the Prime Minister himself.

There are fears that remembrance events could be disturbed or the Cenotaph could be defaced.

On Wednesday, PM Rishi Sunk accepted that the protest would go ahead but described the march as “disrespectful”, adding that it “offends our heartfelt gratitude to the memory of those who gave so much so that we may live in freedom and peace today”.

However, the organiser of the sole Armistice Day event at the Cenotaph, Richard Hughes, has given his support for the pro-Palestine march.

“I think a lot of people are trying to whip this up,” said Hughes, as reported by the Guardian. “The police are not going to let anyone near the Cenotaph. We are a democratic organisation that commemorates those who fought for democracy, so free speech is important.”

Here's a look at whether the Government has the power to stop the march from happening.

Can a protest legally be stopped in the UK?

The right to protest is a human right protected in the UK by Article 11 of the Human Rights Act. On top of that, it is protected under international law by provisions enshrined in various international and regional treaties, according to Amnesty International UK.

However, earlier this year, the Public Order Act 2023, also referred to as the anti-protest bill, was passed in the UK.

The bill gave police officers new powers, allowing them to take a more “proactive” approach to disruptive protests.

This includes making obstructing a major transport network an offence, creating a new criminal offence of interfering with infrastructure, such as airports, railways, and oil refineries, and introducing sentences of up to six months or unlimited fines for protesters accused of "locking on" to infrastructure or people.

These specific measures appear to be a response to Just Stop Oil protesters, with many of their tactics centred around damage or disruption to public infrastructure. However, the bill can apply to any protest.

However, even with the Public Order Act 2023, the Government does not have the ability to stop a protest from going ahead unless a senior police officer "reasonably believes" it may result in serious disorder, damage, or disruption.

Mr Sunak spoke with Metropolitan Police Commissioner Sir Mark Rowley, who has clearly stated that there is no evidence to support the "reasonable belief" that serious disorder is likely from the pro-Palestine march.

As a result, he cannot legally apply for a ban, therefore allowing the march to go ahead. It will, however, be directed away from the Cenotaph, acting with the Met Police's powers to impose conditions relating to the duration and route of a march.

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