‘Following the horrific antisemitic attack at a Manchester synagogue in October, the government has announced plans to amend sections 12 and 14 of the Public Order Act 1986. The proposed changes would explicitly allow police to consider the cumulative impact of frequent protests when imposing conditions on public processions and assemblies. This announcement carries a sharp sense of déjà vu: two years ago, the Conservative government attempted precisely this through secondary legislation. The courts rejected it twice. Now, repackaged in response to community safety concerns, the government seeks to resurrect the idea, likely through primary legislation. This brief analysis explores why addressing cumulative impact – even if disconnected from the ‘more than minor’ threshold that proved fatal in the legal challenges – requires nuance if its drafting, and ultimate application, is to avoid disproportionate interferences with the right to peaceful protest protected by Articles 10 and 11 of the European Convention on Human Rights.’
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UK Constitutional Law Association, 22nd October 2025
Source: ukconstitutionallaw.org
