| Recently introduced anti-protest legislation has been ruled unlawful in the courts this week, in a major defeat for the government. What is ‘serious disruption’ and why does it matter?
In June 2023, the then Home Secretary Suella Braverman created a new legal definition of “serious disruption” that sets the legal bar for the use of certain police powers. Police are only supposed to interfere with the right to protest if it is deemed necessary and proportionate to prevent “serious disruption to the life of the community”.
Under Braverman’s new definition, serious disruption became “prevention of, or a hindrance that is more than minor to the carrying out of day-to-day activities (including in particular the making of a journey)”.
The human rights organisation Liberty described this as giving police “almost unlimited powers to impose conditions on protests” and mounted a successful legal challenge to the new definition of ‘serious disruption’ in the High Court. The government have now lost their appeal in this case, and the legislation has been ruled unlawful. Read more about the ruling.
What does this mean for protest?
Despite the ongoing legal action, the police have continued throughout these legal battles to rely on the existing definition as “hindrance that is more than minor” to make hundreds of arrests.
Netpol is calling for all charges to be dropped against everyone arrested while the police were relying on the unlawful definition of “serious disruption”, and to confirm ‘no further action’ will be taken against all those still waiting to hear if they face charges.
If you were arrested under the new definiton of ‘serious disruption’, please contact us to discuss your case. There’s no guarantee convictons will be overturned even after this victory, and we’re keen to hear from campaigners who are challenging police action. Contact us at info@netpol.org. |
The New Dark Age 
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