Posted: 2nd May 2025
The Court of Appeal has just delivered its judgment in our vital case to defend democracy.
AND WE HAVE WON!
The anti-protest laws which the former Conservative Government sneaked onto the books by the back door – and which were later disappointingly supported by the current Labour Government – are unlawful.
This is a huge victory for democracy in the UK.
In June 2023, then-Home Secretary Suella Braverman changed the law on when police can place restrictions on protests.
Braverman changed the definition of ‘serious’ disruption to mean ‘more than minor’ disruption – which gave police almost unlimited powers to shut down protests and arrest demonstrators.
Having initially failed to get these changes approved by Parliament as part of the Public Order Act 2023 just weeks earlier, Braverman used secondary legislation – a process which gets next-to-no scrutiny and debate – to make the exact same regulations.
Liberty challenged the regulations in the High Court and won. In May 2024, the Court said that the former Government had completely ignored the will of Parliament, “serious could not mean more than minor”, and the regulations were unlawful.
However, the former Conservative Government launched an appeal against the ruling right before calling the General Election. The new Labour Government then continued that appeal and dragged us back to court last December.
And now today, the Court of Appeal has agreed with Liberty’s legal team. These powers are unlawful.
The regulations have been declared unlawful by two separate courts. The Labour Government must now surely do the right thing: scrap them before anyone else is wrongly hauled into the criminal system and review every arrest that has been made using these powers.
This win is a huge victory for protest rights in the UK, but it goes much further than protecting everyone’s ability to make ourselves heard on important issues.
Across the world from the United States to parts of Europe, we are seeing democratic institutions come under attack and human rights cast aside. The UK is not immune to this growing movement.
And so today’s ruling is also a major victory for democracy, and lays down a clear marker: Government ministers must respect the law, and cannot simply step outside it to do whatever they want.
But while we celebrate, we know we cannot afford to let our guards down. As we enter this defining period of global change, there will be many more threats and challenges to come.
Liberty’s independence allows us to act quickly when needed – but we can only take necessary action with your help.
If you’re able, please consider donating to Liberty today
Thank you for all your support.
With very best wishes
Akiko Hart
Liberty Director