Demonstrations: Human Rights

The right to peaceful protest is a vital part of our democracy and it is a long-standing tradition that people are free to gather and express their views, provided they do so within the law. The Government remains committed to ensuring that public order legislation maintains a balance between upholding Articles 10 (freedom of expression) and 11 (freedom of assembly) of the European Convention on Human Rights with the need to protect the public from serious disruption or harm.

The Crime and Policing Act 2026 introduces targeted powers to support the police responding to evolving protest tactics.  These include offences for climbing on memorials and concealing identity at designated protests. The Act also strengthens powers to impose conditions on intimidatory protests near places of worship and places a duty on senior officers to consider the cumulative impact of repeated protest activity when considering whether to impose conditions under sections 12 and 14 of the Public Order Act 1986.

All public order legislation is assessed to be compatible with the European Convention on Human Rights, and a memorandum is published here: ECHRMemo.pdf

In October 2025 the Home Secretary commissioned Lord Macdonald of River Glaven KC to undertake an independent review of public order and hate crime legislation. The review was asked to consider whether the current legal framework remains fit for purpose, whether it adequately protects communities from intimidation and hate and strikes the right balance between public protection, freedom of expression and the right to protest. Lord Macdonald submitted his report to the Home Secretary at the end of May which she is currently considering. It will be published shortly.