Protest law was unlawful

High Court overturns reforms introduced by Suella Braverman

It is not unconstitutional for parliament to do something by secondary legislation that it has been unable to achieve by primary legislation, the High Court decided yesterday. But ministers must act within their powers, the court added, and any advance consultation must be fair.

For those reasons, Lord Justice Green and Mr Justice Kerr granted applications for judicial review brought by two campaign groups. They held that government attempts to limit public protests by widening police powers were unlawful. The Home Office was “disappointed” and said it would be appealing.

The High Court has said that the government’s appeal should be expedited. In the meantime, the law remains in force.

In an unconnected protest, hundreds gather in front of a London hotel last year to demonstrate against the influence of the fossil fuel industry. ©Chris J Ratcliffe/Greenpeace

The story begins with the Public Order Act 1986, which allows the police to intervene in a public procession or assembly in order to prevent “serious disruption to the life of the community”. That phrase was left undefined.