CPS prosecution guidance on protests and demonstrations in light of the Middle East conflict
The CPS is aware that following the recent disturbing events in the Middle East, the public and many different communities may be concerned about protests or demonstrations.
The CPS recognises that whilst in the main demonstrations and protests will be peaceful and lawful, there may be incidents of public disorder and it is possible that some individuals may commit criminal offences.
Any potential offences need to be considered in the context of the right to public expression. Individuals have the right to lawfully protest, including the right to protest against the sincerely held beliefs of other individuals or groups. However, neither the right to free expression of views nor the right to protest is absolute. Both are qualified and may be subject to restrictions prescribed by law, for the protection of the rights of others, public safety and the prevention of disorder and crime.
There are a number of possible offences that can be considered, which include hate crime offences, public order offences, criminal damage, assaults and harassment.
Our Counter Terrorism Division will also consider charging more serious offences where necessary, such as stirring up racial hatred, and a range of offences that are available under the Terrorism Act 2000, for activities in relation to proscribed terrorist organisations, such as Hamas and Hezbollah. These offences include:
- inviting support for a proscribed organisation
- expressing an opinion or belief that is supportive of a proscribed organisation, and
- wearing clothing or carrying or displaying articles in public in such a way or in such circumstances as to arouse reasonable suspicion that an individual is a member or supporter of the proscribed organisation.
Where demonstrators chant slogans or wave flags in relation to the current situation in the Middle East whether an offence is committed will depend on all the facts and circumstances of the case, particularly the context, location and manner in which the actions take place, all of which will be carefully considered by CPS prosecutors.
More information can be found in our prosecution guidance: