Date published: 16th October 2019

Recent policing decisions have seen public protest as part of the Extinction Rebellion (XR) ‘Autumn Uprising’ banned in London.

Previously, the Metropolitan police had designated Trafalgar Square as the only protest site for the XR protestors, meaning that protestors were to return to this site if they were to continue protesting.

This certainty, or even promise, was broken on Monday night when the Met began clearing the site.

Further to the ban, XR have stated that they will continue their programme of civil disobedience to raise awareness for the climate crisis.

One of the ideas of protest is to disrupt accepted order, usually by drawing attention to things that are pointedly pushed aside or forgotten. For instance, who can deny that the XR’s actions of the last few months have shone a light on the issue of our burning planet?

Whatever people’s personal opinions might be, the actions of the group have shown the power of assembling in unity.

This power is seen globally, with young activists such as Tokata Iron Eyes and Greta Thunberg taking positions of responsibilities that have been shirked by the adults who should be holding them, or the people of Hong Kong protesting for their freedom, all the way to protests surrounding the question of Catalan independence from Spain.

Protestors have admitted to their willingness and resolve in being arrested as a tool of protest, with over 1300 arrests being made since the protests began last week.

These protests, these demonstrations, these expressions of opinions and beliefs are key to our autonomy as humans. Our right to peacefully protest is safeguarded by the Human Rights Act (HRA) and it is essential that we fight to maintain this.

Whether the Met is actively seeking to dismantle the freedom of peaceful assembly and association through their blanket ban on XR protests poses a difficult question around public order and human rights.

Alongside having the right to protest peacefully, you have particular rights within a protest. It is important that all your rights are protected, regardless of your current situation.

In detention, during arrest, and during a protest, you have your rights.

Unfortunately, as in the decision to ban the protests above, these rights are not always respected, and some groups face greater backlash when arrested or faced with police intervention.

Chris Topping, Head of our Actions Against Public Authority team who has been recognised by Chambers as one of the leading lawyers in the UK in Police Law, said:

The right to protest lawfully and free from intimidation is at the heart of democracy. It is essential that this freedom is preserved and that where the state unlawfully interferes with that right, they are held to account

Being in a protest is an important part of exercising your rights, but it does not mean that you should be in danger or at risk of poor treatment from the authorities.

If you have been in a situation where you have felt intimidated or mistreated by a public authority, contact us immediately.

Our nationally-leading team is passionate about fighting for your rights, your justice, your autonomy. Enquire through our website, call us on 0151 227 1429, or email us on enquiry@broudiejacksoncanter.co.uk

 We will fight tirelessly for you and your rights.