‘Might is Right?’ The 'Right to Protest' in a new era of disruption and confrontation

By David Spencer, Sir Stephen Laws KCB KC (Hon) and Niamh Webb

We have entered a new era of increasingly disruptive protests. This report shows how decisions made by the police, prosecutors, courts, Parliament and Government mean that undue weight is being placed on the rights and interests of disruptive (and, at times, criminal) activists at the expense of the rights, wellbeing and interests of ordinary members of the public.

This report addresses two central questions:

• Do the police, and other authorities, use their existing powers effectively to deal with disruptive protest?

• Is the existing legal regime fit for purpose?

The answer to both questions, as we show in this report, is no.

As the new Government will soon commence their review of the legislation relating to protest and the Home Office continues their appeal in a high-profile protest-related court case this report is highly relevant to the contemporary policy making and legal context.

The report argues that the new Government must prioritise the rights, wellbeing and interests of ordinary members of the public – otherwise they risk finding themselves in the same difficulties as their predecessors.

In addition to a detailed analysis of the police approach to protest, this report also contains recent polling on the public mood and a detailed review of the current legal regime. The report has 26 recommendations for Government, police forces, the Crown Prosecution Service and the Mayor of London.

London: Policy Exchange, 2024. 157p.