London Daily

Focus on the big picture.
Monday, Sep 07, 2026

What is the law on the right to protest in the UK?

What is the law on the right to protest in the UK?

Amid concerns over the arrest of anti-monarchy protesters, we look at what is, and is not, allowed

Amid concerns over the arrests of anti-monarchy protesters at events related to the ascension to the throne of Prince Charles III after the death of the Queen, we explain the law on the right to protest.

What is the current law on the right to protest?


Everyone has the right to peaceful protest. While there is no specific right in law, it is enshrined in the rights to freedom of expression and freedom of assembly, protected respectively under articles 10 and 11 of the European convention on human rights, which was directly incorporated into domestic British law by the Human Rights Act.

Limitations to the right to protest in England and Wales were set out in the Public Order Act 1986 and this year in the Police, Crime, Sentencing and Courts Act (PCSC). There is also a common law offence of breach of the peace, and an offence of the same name exists separately in Scotland, where it is also a statutory offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010. Northern Ireland has its own legislation governing protests – the Public Order (Northern Ireland) Order 1987, which includes conditions that can be imposed on public processions.

On what grounds have protesters been arrested and what punishment could they face?


Symon Hill, 45, was arrested in Oxford on Sunday on suspicion of behaviour likely to cause harassment, alarm or distress under section 5 of the Public Order Act 1986. The offence carries a maximum penalty of a £1,000 fine, but Hill – who said he was detained after shouting: “Who elected him?” about Charles – was de-arrested before leaving the police station.

A 22-year-old woman who was arrested in Edinburgh, holding a sign saying: “Fuck imperialism, abolish monarchy”, has been charged with breach of the peace. A man was arrested for the same offence on Monday after he was seen shouting at the procession accompanying the Queen’s coffin up the Royal Mile in Edinburgh. The woman who was charged is to appear in the sheriff court, where there is a maximum sentence of 12 months in jail and/or a £5,000 fine or, in vary rare cases prosecuted by indictment, five years imprisonment and/or a £5,000 fine.

Has the law on restrictions to protest become stricter?


In England and Wales the law was made stricter by the PCSC Act. The bill that preceded the act was criticised by civil liberties campaigners, parliament’s human rights committee, charities, academics, and two former home secretaries for being oppressive. While some concessions were made in the House of Lords following criticism, it was eventually passed. The most controversial elements with respect to protest were the widening of the police’s ability to place conditions on protests, including if they think they are too noisy.

The new act has been criticised for weakening the right to protest, and while it was not cited by the police in the above instances, Hill said that Thames Valley police initially said he had been arrested under the PCSC Act, before releasing a statement saying he was detained under the Public Order Act.

The government is now seeking to give police in England and Wales more powers to curb peaceful but disruptive protests though the public order bill, which has also been criticised.

Is there any other relevant legislation?


The Treason Felony Act 1848 appears to still be in effect, which means, technically, anyone calling for the abolition of the monarchy could be convicted of a criminal offence punishable by life imprisonment. In reality, it has not been deployed in a prosecution since 1879, and given that a YouGov poll earlier this year found that 22% of people in the UK support abolishing the monarchy, that is probably good news for the beleaguered prison system.

Newsletter

Related Articles

0:00
0:00
Close
University of Bristol Opens £500 Million Temple Quarter Enterprise Campus
Online Bookmakers Accused of Privacy Breaches Through Cookie Consent Practices
Health Campaigners Urge UK Government to Abandon U.S. Pharmaceutical Agreement
Three-Quarters of UK A&E Staff Report Regular Violence or Aggression
Far-Right Demonstrations Target Portsmouth as Small-Boat Crossings Fuel Tensions
UK Records Hottest Summer on Record After Severe Heatwaves
UK Travellers Face Renewed EU Border Delays as Temporary Flexibility Ends
UK Rejects Calls to Pause AI Data Centre Expansion Despite Energy Concerns
UK Defence Figures Push for 3% Spending Target Amid Falklands Concerns
England Faces Rising Financial Pressure as Special Educational Needs Plans Surge
Metropolitan Police Consider Reform UK Probe Over Overseas Donations
Keir Starmer to Leave Parliament, Triggering By-Election
UK Treasury Weighs Windfall Taxes on Banks and Oil Companies Amid Bond Market Turmoil
Jaguar Land Rover to Cut Thousands of Jobs as UK Government Rules Out Bailout
OpenAI Unveils GPT-6 and Says: "We May Already Have Reached AGI"
Congressman Accused Andrew of Sex Crimes in the United States
Donald Trump: "I'm Glad Harry and Meghan Left the United States"
Spicy Food Is Linked to Lower Death Risk — but It Is Not a Miracle Cure
AfD Enters Saxony-Anhalt Election at 41% in Historic Test for German Politics
Gen Z Turns to Investing as America's First-Home Dream Moves Further Out of Reach
Thousands Join London March Calling for Tighter Abortion Restrictions
Institute of Directors Says Tax and Regulatory Uncertainty Still Weighs on UK Investment
Bank of England Faces Rate Dilemma as Weak Growth and Persistent Inflation Raise Stagflation Risks
Masked Anti-Immigration Protesters Block Roads to Port of Dover
Prime Minister Andy Burnham Sets Out Devolution and Re-Industrialisation Agenda
British Chambers of Commerce Forecasts UK Growth of Just 1% Through 2027
UK Government Advances Bill to Tighten Rules on Overseas Political Donations
Nigel Farage Faces Scrutiny Over Alleged Reform UK Donation-Law Evasion
Thousands Join Anti-Abortion March Through Central London
UK Beekeepers Call for Nationwide Tracking as Asian Hornet Sightings Increase
England Sees Sharp Rise in Property Subsidence Claims After Record Summer Heat
House of Lords Advances Financial Services Reform Bill
House of Lords Begins Detailed Scrutiny of Railways Bill and Great British Railways Plan
UK Treasury Cuts Green Book Discount Rate to Support More Regional Infrastructure Projects
Reform UK Suspends Two Senior Aides After Undercover Report on Foreign Donation Rules
UK Chancellor Warns Autumn Budget Will Require Tough Choices as Energy Shock Squeezes Public Finances
UK Parliament Raises Concerns Over Funding Structure of £400 Million Tropical Forest Initiative
Andy Burnham Launches Number 10 North as Part of UK Devolution Push
UK Reaffirms Falkland Islands Sovereignty Amid Renewed Regional Pressure
Andy Burnham to Abstain From Assisted Dying Vote as Ministers Are Told to Remain Neutral
Kemi Badenoch Sacks Shadow Chancellor Mel Stride in Conservative Economic Strategy Shake-Up
UK Government Drops Early Prisoner Release Plan in Favor of Deportations and Wider Prison Reform
UK Farmers Warn Drought-Hit Harvests Could Push Grocery Prices Higher
UK Economy Faces Persistent Stagflation Risks Ahead of October Budget
Masked Protesters Block Port of Dover Roads, Disrupting Cross-Channel Traffic
Reform UK Suspends Senior Officials After Undercover Investigation Into Foreign Donation Plans
UK Urges Households to Keep Emergency Supplies Amid Severe El Niño Warning
Prime Minister Andy Burnham Sets Out Regional Industry and Prison Reform Agenda
Siemens Energy Wins Rolls-Royce Small Modular Reactor Manufacturing Contract
UK Mortgage Costs Rise as Gilt Yields and Swap Rates Climb
×