London Daily

Focus on the big picture.
Monday, Oct 05, 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
BT Accused of Pressuring Vulnerable Customers During Digital Landline Shift
British Carmakers Warn of Growing Pressure From EU-China Tariff Dispute
Green Party of England and Wales Adopts Motion Defining Zionism as Racism
Medical Charity Threatens NHS Legal Action Over Two-Year Autism and ADHD Assessment Waits
British Transport Police Report Record Rise in Violence on Railways
Glasgow Council Workers Face Pay Cuts Under Fire-and-Rehire Plan
British Medical Groups Press Prime Minister Andy Burnham to Cancel £330 Million Palantir NHS Contract
UK Faces Record Bluetongue Outbreak Across Livestock Farms
UK Schools Report Thousands of Child-on-Child Sexual Offences
High Court Overturns Ban Blocking Gaza Families From Reuniting With Relatives in UK
G7 Authorizes Emergency Fuel Release as UK Diesel Prices Hit £2 a Litre
France and Italy Draw 1-1 in Nations League Match
Pope Leo XIV and Prince Albert II of Monaco Meet in Metz
SNCF Expands Low-Cost Ouigo High-Speed Service Between Lyon and Bordeaux
Paris Expands Dedicated Cargo Bike Routes for Urban Deliveries
French Film Industry Pushes for Tighter Streaming Investment Rules
Marseille Court Hands Down Prison Terms in Public Procurement Corruption Case
LVMH and Kering Rely on US Demand as Chinese Luxury Spending Slows
Toulouse Aerospace Sector Launches €80 Million Modernization Fund
Javier Milei Courts French Investment in LNG and Lithium
Mistral AI Launches Sovereign Model for European Public Services
French Competition Authority Fines Retailers €40 Million Over Misleading Promotions
France Records Exceptional Electricity Exports as Nuclear Output Recovers
Dassault Aviation Expands Rafale Assembly Capacity at Mérignac
Sanofi Invests €1 Billion in New Biologics Production Hub Near Lyon
France Protests Germany’s Extension of Border Controls Into 2027
French Public-Sector and Transport Unions Threaten National Strike
France Deploys Riot Police After Violence in Lyon Suburbs
French Anti-Terrorism Prosecutors Investigate Radicalized Flydubai Co-Pilot
France’s Defense Budget Surpasses NATO’s 2% of GDP Target
French Government Faces No-Confidence Threat Over Budget
France and G7 Release 100 Million Barrels From Strategic Oil Reserves
France Convenes Emergency Defense Council Over Threats to Commercial Shipping
France and Germany Coordinate Military Response After Russian Strikes on Kyiv Infrastructure
UK Police Release Six Iranian Nationals on Bail After RAF Fairford Security Alert
UK Business Confidence Falls as Energy Costs and Tax Uncertainty Rise
Cornwall Insight Warns UK Energy Bills Could Rise 16% in January
UK Introduces Zero VAT on Household Electricity Bills
UK 30-Year Gilt Yield Hits 6% as Bond Market Pressures Intensify
UK Introduces Stricter Subcontractor Checks and Expanded Trade Union Access
Green Party Proposes Three-Year Emergency Freeze on Private Rent Increases
UK Treasury Committee Seeks Tax Clarification Over Manchester City Investigation
Royal Marines Deploy to Faroe Islands for Northern European Security Exercise
UK Business Confidence Weakens as High Costs Delay Investment
UK GDP Growth Revised Up to 0.5% in Second Quarter
Bank of England Warns of Financial Stability Risks From Autonomous AI
UK Expands Early Prisoner Release Scheme to Ease Overcrowding
UK Records Worst Bluetongue Outbreak on Record Across Livestock Farms
UK Government Faces Shrinking Fiscal Headroom Ahead of October 28 Budget
UK 30-Year Gilt Yield Reaches 6% as Energy Shock Drives Borrowing Costs Higher
×