What the crime and policing bill means for protest rights 

The Crime and Policing Bill is back in parliament after a summer break that saw thousands on the streets in protests, demonstrations, and rallies.  

Here’s what you need to know about Labour’s first piece of legislation with measures that will further restrict the right to protest. 

The right to protest has been increasingly restricted over the years due to several pieces of legislation introduced to curb protests through increasing police powers and redefining the definition of serious disruption in the Police, Crime, Sentencing and Courts Act 2022 as well as the Public Order Act 2023.  

The Crime and Policing Bill, which returned to the House of Lords on October 16, introduces new measures, such as giving police powers to place a face covering ban on protests. Despite the government making a commitment to protect the right to protest through the Civil Society Covenant, launched only in July this year, this bill has the potential to do the opposite.  

Face coverings ban 

The police have existing powers to direct a person to remove a face covering during a protest when they reasonably believe activities may take place involving offences being committed and the person is wearing the face covering to conceal their identity. However, this bill takes it a step further by giving police power to arrest anyone wearing a face covering at a designated protest.  

For those wearing a face covering for religious or health purposes, the bill includes clauses to prevent them from being criminalised. However, it is possible they will need to attend court for this exemption to be recognised, meaning that protesters who cover their faces may be arrested first and only cleared of charges afterward.  

The bill fails to consider that people wear coverings for various reasons such as personal safety, to shield themselves from the weather, or out of their right to remain anonymous. The face coverings ban may force people to choose between holding those in power to account and making their voice heard on issues that matter to them or maintaining their privacy.  

With the rise of facial recognition technology being adopted by police forces across the country, this new restriction risks deterring people who wish to protest peacefully while maintaining anonymity and also risks infringing upon privacy rights. 

Ban on vicinity to religious buildings  

The government plans to give police powers to impose conditions on the route and time of a demonstration to avoid intimidating those at a place of worship. Places of worship include churches, synagogues, mosques, and other religious sites.  

It is completely right that people should be able to attend a place of worship free from intimidation and violence, a right that is protected under Article 9 of the Human Rights Act 1998. It is also right that urgent action should be taken to protect communities, including places of worship which we have seen targeted in recent weeks. Our thoughts are with both the Jewish and Muslim communities at this time of rising antisemitism and islamophobia.  

However, we see that the greatest threat to worshipping communities is from individuals and small groups who set out to cause violence. The overwhelming majority of protests and protesters are peaceful and do not intend to intimate anyone, but rather to draw attention to the cause they support and demonstrate why those causes matter.  

Our concern with  this bill is that where protests are designed to get the attention of people on busy streets, it can be difficult to pick a route that doesn’t pass by a place of worship. Putting restrictions like this on a protest, can undermine the protest itself, which in most cases are peaceful.  

In Central London, where most protests take place to gain the attention of those in power, there are hundreds of churches, synagogues, mosques and temples, not to mention several churches all within proximity of Parliament Square. Meaning with these further restrictions, most routes taken in a peaceful protest could see conditions placed upon them.  

Further plans to increase police powers 

In the aftermath of the heartbreaking terror attack in Manchester, the Home Secretary announced further plans to restrict protests by giving police the power to place conditions on repeat protests. Police will be urged to consider the “cumulative impact” of previous similar demonstrations that have taken place and decide on whether to impose restrictions, such as moving a demonstration or restricting the time of it. Anyone found to go against the conditions once imposed on a demonstration could face prison time.  

The Prime Minister went one step further when announcing the Home Secretary will also look at powers available to impose restrictions on chants at protests, particularly those seen to pro-Palestine demonstrations.  

Protests in their nature are disruptive to gain the attention of those in power, and many successful protests take place over multiple occasions. I 

What this means for international NGOs 

Across the UK, many protesters are taking to the streets to have their voices heard on the issues that matter the most to them, whether calling for climate action or advocating for peace over conflict. Yet the UK’s civic space is increasingly being restricted by governments that once promised the opposite. 

It is possible that, in the near future, the UK could have a government less committed to human rights, less tolerant of criticism and dissent, and more willing to use these powers to silence critical or dissenting voices.  

Now is the time for charities and INGO’s to reflect on what the right to protest and the ability to hold governments to account might look like in the future, and to take action now to ensure those rights are not further eroded.