The Home Office has urged the Court of Appeal to overturn a judge's decision to allow a judicial review of the proscription of Palestine Action, warning that hundreds of arrests could otherwise remain in limbo.
At a hearing on Thursday, Sir James Eadie KC, representing the Home Office, argued that the High Court was wrong to grant the review because a statutory route to challenge the ban already existed through an appeal to the home secretary and then the Proscribed Organisations Appeal Commission (Poac). He said there was 'nothing exceptional' about the case brought by Huda Ammori, a co-founder of the group, that justified bypassing that process.
However, Raza Husain KC, for Ammori, said the case was 'unique', pointing to the widespread popular support for the protest group and the severe consequences of delaying a decision. He noted that more than 1,600 people have been arrested for allegedly expressing support for Palestine Action since the ban took effect on 5 July, with 138 charged so far. A judicial review, he said, could be heard in the autumn, while the Poac route might not conclude until mid-next year.
Ammori is seeking an order quashing the proscription, a remedy that Poac cannot provide. Her lawyer argued that any arrests, charges, or convictions under the Terrorism Act related to Palestine Action would be nullities if the ban were overturned. Sir James conceded there was 'not a clear and obvious answer' as to the fate of those already arrested, suggesting that offences committed before any de-proscription could still stand.
The three-judge panel, led by Lady Chief Justice Sue Carr, said it hoped to deliver its judgment next month.
