The Court of Appeal has upheld a High Court ruling that quashed a controversial anti-protest regulation introduced by former Home Secretary Suella Braverman, in a decision hailed as a victory for democracy by civil rights campaigners.
The regulation redefined 'serious disruption' in the Public Order Act 1986 as 'more than minor', effectively giving police greater powers to impose limits on protests. The court found that Braverman had overreached her authority by introducing the change via secondary legislation, bypassing proper parliamentary scrutiny.
Human rights organisation Liberty, which brought the initial challenge, described the regulation as a 'flagrant abuse of power'. Director Akiko Hart said: 'Five different judges over two separate hearings have now ruled that serious simply cannot mean more than minor.'
The ruling comes after hundreds of protesters, including climate activist Greta Thunberg, were arrested under the now-quashed powers. Thunberg was acquitted of all charges in February 2024.
Despite the victory, Liberty warned that other protest restrictions remain in place, including new measures in a crime and policing bill that could ban face coverings at protests, affecting disabled activists and political dissidents.
A Home Office spokesperson said the ruling only affected specific regulations from the previous government and that 'central powers' to manage protests remain unaffected. The government has indicated it will accept the court's decision.
