London Daily

Focus on the big picture.
Monday, Jul 27, 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
Following OpenAI's Cyberattack: 'Most Companies Still Do Not Understand What Is Coming'
Autopsy Finds No Violence in Death of Epstein-Linked Model Scout
Indian Education Minister Resigns After Cockroach Youth Protests
California Desert Data-Centre Plan Stalls as Water and Power Disputes Mount
Northern Ireland Border Security Tightened After Military-Grade Explosive Interception
British Hospitality Sector Targets Summer Visitors Through Regional Promotions
England River Access Debate Intensifies After New Data Shows Limited Public Access
Royal Navy Strengthens Maritime Vigilance Amid Rising Security Concerns
UK Education Department Expands Mental Health Support for Young People Entering Work
UK Tourism Industry Launches Summer Campaigns to Boost Domestic Travel
North England Transport Plans Advance to Support Industrial Growth
Financial Markets Watch New Government’s Economic Strategy as Investors Assess Fiscal Risks
Royal Navy Continues Monitoring Russian Naval Activity Near UK Waters
UK Care Workers May Receive Immigration Exemptions Under Proposed Visa Changes
Health Secretary Yvette Cooper Begins Emergency Talks to Address NHS Staffing Shortages
UK Banks Launch High-Interest Savings Offers to Attract Household Deposits
North Sea Oil Drilling Projects Face Delays After Offshore Equipment Accident
Cairngorms Wildfire Highlights Growing Pressure on UK Emergency Services
UK Government Borrowing Plans Put Pressure on Ten-Year Gilt Markets
Royal Navy Aircraft Carrier HMS Prince of Wales Returns After NATO Northern Flank Mission
Metropolitan Police Opens Criminal Investigation Into Reform UK Political Donations
Scottish Government Requests Military Support as Cairngorms Wildfire Forces Emergency Response
Andy Burnham Takes Office as UK Prime Minister and Unveils New Cabinet Team
War, Youth Revolt and the Global Struggle for Control
War, Power and the Rising Price of Political Decisions
High Street Sales Suffer Sharpest Summer Decline in Five Years
Wales Approves Higher Taxes on Second Homes and Long-Term Empty Properties
Environment Agency Imposes Record £150 Million Penalty on Water Companies
UK Competition Watchdog Blocks U.S. Takeover of Cambridge Chip Designer
Scotland Unveils Land Reform Bill to Expand Renewable Energy Projects
Northern Ireland Secures £500 Million Technology Investment for Belfast Cybersecurity Hub
NHS Rolls Out AI Triage System Across Major Hospitals in England
UK Strengthens North Sea Naval Cooperation With European Allies
UK Chancellor Commits £7 Billion to Accelerate Manchester-Leeds Rail Link
Bank of England Signals Interest Rate Cuts After Inflation Falls Below Target
Badenoch Rejects Grant Shapps' Bid to Return as Conservative Candidate
BAE Chief Warns Britain Has Underestimated the Risk of War
Burnham Rules Out New Scottish Independence Referendum in First Talks With Swinney
UK Government Strengthens Northern Economic Agenda Through Manchester Headquarters and Regional Partnerships
United Kingdom Opens New Furness Peninsula Coastal Route Under King Charles the Third England Coast Path
England Reduces Business Costs for Hospitality Sector Through New Relief Package
United Kingdom Allocates Seven Point Three Million Pounds for Zero-Emission Aviation Research
United Kingdom Begins Restoration Works on Portishead Railway Line After Six Decades Without Passenger Services
United States Tariff Measures Create New Trade Challenges for United Kingdom and European Union Businesses
Prime Minister Andy Burnham Meets Scottish and Welsh Leaders to Promote Regional Growth Cooperation
United Kingdom Government Announces Twenty Percent Business Rates Cut for Pubs, Clubs, and Music Venues
Prime Minister Andy Burnham Opens Manchester Government Headquarters to Shift Decision-Making Away From Westminster
United Kingdom Defence Ministry Says Armed Forces Ready After Iran Accuses London Over US Military Strikes
United Kingdom Inflation Falls to Two Point Six Percent as Prime Minister Andy Burnham Gains Economic Breathing Room
OpenAI Sued After ChatGPT Allegedly Discouraged Emergency Care Before Near-Fatal Embolism
×