Palestine Action can appeal

UK Supreme Court to hold full hearing this autumn

The co-founder of Palestine Action has been granted permission to appeal to the Supreme Court against a ruling by the Court of Appeal that the then home secretary had acted lawfully when she proscribed Palestine Action under the Terrorism Act 2000 just over a year ago.

Last month, five senior appeal judges led by the lady chief justice overturned an earlier decision by the High Court to lift the ban. “The proscription decision was not unlawful,” they said.

The Court of Appeal held that the home secretary had correctly applied her published policy and that proscription amounted to a proportionate interference with the rights to freedom of expression and freedom of assembly.

Huda Ammori appealed on two grounds, though it’s not clear from today’s announcement what those were.

Three justices of the Supreme Court, headed by the deputy president Lord Sales, announced this afternoon that permission to appeal had been granted in relation to ground 1 only and refused on ground 2. There were no further details. Sales sat with Lord Leggatt and Lady Simler.

An expedited hearing is planned for the court’s Michaelmas term, which runs from October until shortly before Christmas.

(L-R) Lord Sales, Lord Leggatt and Lady Simler

The decision is likely to mean that more than 3,000 protesters will not know until November or December whether they will face prosecution. They were arrested under section 13 of the Terrorism Act 2000, which makes it an offence for anyone to carry an article in a public place “in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation”.

More than 700 prosecutions are already pending. Scotland Yard warned protestors yesterday that they faced arrest at a demonstration planned for today. A number of arrests have already been made this afternoon.