The High Court has delivered a verdict against the UK government in the aftermath of an attempt to extend police power over protests. Last year, under the administration of former Home Secretary Suella Braverman, legislation was introduced to give officers wider leeway to quell any disruptions. The two presiding judges have now determined that the Home Office acted beyond its prescribed authority, and that the government did not engage in adequate consultations in preparing the legislation.
Although the Home Office has indicated that it plans to appeal the ruling, the legislation has been quashed, with an order suspended for the duration of the appeal process. The Liberty campaign group filed the case, and it has called for the police to abstain from executing the new powers while the appeal is underway. The group sees the verdict as a victory in support of democratic principles, substantiating the fact that the government cannot act outside the law.
In June of last year, MPs passed the regulations which redefine the parameters of protest activities that merit police intervention as “serious disruption” in England and Wales. The move was fraught with controversy as the changes had previously been rejected by the House of Lords six months earlier.
This legal challenge has put the spotlight on the UK government, raising serious concerns about its inclination to take actions beyond its legal powers. Going forward, this verdict is likely to have an impact on such attempts by the government to expand police powers, and it may cause a review of the UK’s emergency legislation in favour of an approach that accords with existing legal precedents
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