Following 8 September, when Britain gained a new monarch in Charles III, a ripple of arrests were made across the country – namely of those staging one-person anti-monarchy protests.
A woman holding a sign that read “Fuck imperialism, abolish monarchy” was taken into custody in Edinburgh “in connection with a breach of the peace”, and now faces criminal charges. In Oxford, the author and activist Symon Hill was handcuffed shortly after the proclamation for King Charles III was read, when he called out: “Who elected him?”. Then, in central London, a woman holding a sign with the words “Not my King” was seen being led away by police.
There have been people opposing the monarchy as a form of government since it was introduced in the Middle Ages – and indeed, modern history has given British republicans the freedom to vocalise their disagreement with the Crown and its tenets. So, when did republicanism become something you could be arrested for?
The short answer is in April this year, when the Government passed a new law that gravely restricts our right to protest. The Police, Crime, Sentencing and Courts Act of 2022 gives police greater power to arrest protesters, lowering the bar for what can be classed as a serious offence while simultaneously punishing protesters more harshly.
The change in legislation came after the former home secretary Priti Patel condemned a number of predominantly peaceful demonstrations staged in recent years by groups such as Black Lives Matter, which in one case resulted in the statue of the slave trader Edward Colston in Bristol being toppled over; and Extinction Rebellion, which saw activists halt trains and motorways.
Officers are now able to take action on protests that “seriously disrupt” the activities of organisations, or those that are “unjustifiably noisy”. The former can include a delay to the delivery of a time-sensitive product to consumers and prolonged disruption to any essential goods or services (such as energy, food or money). The latter can involve instances where police think the noise made by protesters might impact or distress people in the area.
Peaceful protest, while non-violent, does not necessarily mean non-confrontational or without disruption, according to Greenpeace. The very aim of a protest is to draw attention to an issue – often a social one – and causing some level of disruption can be key to achieving this. Tactics such as public speech and declaration, boycotts and public-space sit-ins contrast against protests that cause damage – as was seen in a recent incident at London’s National Gallery, whereby two environmental activists from the group Just Stop Oil were arrested for hurling Heinz tomato soup at Vincent van Gogh’s Sunflowers (1888) painting and gluing their hands to the wall in a restricted part of the gallery space. (They have since been charged with criminal damage and aggravated trespass.)
Prohibiting protests that make noise reduces a large part of what makes a protest effective, because the more people attending a protest, the louder it will be – meaning protests with more support are likely to have greater restrictions placed on them.
Most concerning of all is the fact that the wording of the Police, Crime, Sentencing and Courts Act enables the police to determine themselves what kind of protest can amount to an arrest, and the Government has the option to unilaterally change the wording of the act to widen the definition of what constitutes a “serious disruption”. Naturally, one-person protests are not likely to be as disruptive as group demonstrations, but the new legislation allows the police to enforce restrictions anyway – hence the arrests made following Charles’ ascension. If those detained are found guilty in court, they could face up to 12 months in prison, an unlimited fine or both.
But the solicitor Theodora Middleton at Bindmans law firm notes that some of the recent arrests made on anti-monarchist protestors may have been unlawful. “The police appear to have gone beyond the scope of their powers in a number cases, using vague threats and uncertainty about the law to shut down dissenting voices.” She continues, “While the powers in the act increase the ability of the police to place restrictions on protest, the police must still ensure that their exercise of those powers is compatible with the protected Convention rights of protestors [the European Convention on Human Rights]: they cannot simply impose any restrictions they choose, and will face challenges in the courts if they go too far.” Middleton points out that the police often do overstep their powers and don’t always know the law themselves, making it all the more necessary to know your rights. “If you think the police have acted unlawfully, you may want to seek legal advice about challenging them,” she advises.
Indeed, in response to a video of a police officer confronting the barrister and activist Paul Powlesland, who was holding a blank placard on which he said he planned to write “Not my King”, the Metropolitan Police’s deputy assistant commissioner, Stuart Cundy, made a statement. In this, he said: “The public absolutely have a right to protest and we have been making this clear to all officers involved in the extraordinary policing operation currently in place and we will continue to do so.”
Nevertheless, groups such as Republic are amplifying calls for change, using its platform to share comments by those comparing the crackdown on protests to authoritarianism. With many people planning to peacefully protest King Charles’ coronation in May 2023 – the organisation has requested clear rules for demonstrators from police agencies across the country. Until these are outlined, here is what you need to know:
Protesting, in brief
1/ “Protest remains legal and protected. There are numerous lawful ways to make your voice heard on the issues that matter to you and these are largely unchanged: go on a march, make a banner, join a local community campaign, support a picket line, or whatever feels effective to you,” says Middleton.
2/ The right to protest can be restricted if the protest is deemed to cause serious:
- Public disorder
- Damage to property
- Disruption to the life of the community
3/ If you’re the organiser of a march, you must provide written notice to the police six days ahead of the event (or as soon as possible, if the protest is in immediate response to a particular development).
4/ For more information, refer to the organisation Green and Black Cross’ website, which provides protestors with details on what the police can and can’t do – and what to do it you do have problems with the police in a protest context.
