The Court of Appeal has ruled that the Home Secretary’s decision to proscribe Palestine Action under the Terrorism Act was lawful, overturning a High Court judgment from February. The panel, led by Lady Chief Justice Sue Carr and including Master of the Rolls Geoffrey Vos, found that the High Court had “materially understated” the discretion afforded to the Home Secretary in such matters.
In the written judgment, Lady Carr emphasised that the Home Secretary is best placed to assess future threats posed by the group, and that the need to protect national security and others’ rights outweighed the impact on freedom of expression and assembly. The proscription, effective from 5 July 2024, makes membership or support for Palestine Action punishable by up to 14 years in prison.
Since the ban, over 3,000 people have been arrested, mostly for displaying placards reading “I oppose genocide, I support Palestine Action” as part of a campaign by Defend Our Juries. More than 700 individuals have been charged under section 13 of the Terrorism Act, with cases paused pending this ruling.
Palestine Action co-founder Huda Ammori vowed to “fight this all the way”, seeking permission to appeal to the Supreme Court and, if necessary, the European Court of Human Rights. She described the ban as “one of the most extreme attacks on free speech and the right to protest in modern British history”. Several NGOs, including Liberty, Amnesty International UK, and Greenpeace, criticised what they called a misuse of counter-terrorism powers.
On Monday, the Metropolitan Police arrested 117 people outside the court for allegedly showing support for a proscribed organisation, with a further two arrests at the Old Bailey. The legal battle continues as activists and civil liberties groups contest the use of terrorism legislation against political protest.
