Extinction Rebellion has demanded to know how its upcoming demonstrations will be policed, after the Supreme Court ruled that protest can be a “lawful excuse” to block roads under human rights laws.
Thousands of people across the UK are expected to join a two-week campaign of civil disobedience starting on 23 August, which will target the City of London as an “arch financier” of carbon emissions.
During the climate activist group’s previous actions, the Metropolitan Police responded to disruption to transport and businesses by arresting Extinction Rebellion demonstrators en masse, with the number of arrests revealed by the Met to have totalled 3,762.
But in a letter seen by The Independent, the activists warned Scotland Yard Commissioner Dame Cressida Dick that the recent ruling by Britain’s top court could lead to claims of “unlawful arrest” if police are deemed to “disproportionately interfere with a citizen’s rights of expression and assembly”.
Prosecutors have recently been forced to review a host of cases involving Extinction Rebellion protesters in light of the ruling, after multiple demonstrators who had been prosecuted for highway obstruction – the offence used to prosecute hundreds of the group’s activists – successfully appealed to have their convictions quashed at the Old Bailey.
Presiding over one such acquittal on 4 August – during which the Crown Prosecution Service (CPS) presented no evidence against 65-year-old Robert MacQueen – Judge Mark Dennis QC said there seemed to be a “fundamental problem” with Extinction Rebellion appeals.
Judge Dennis said prosecutors had not “grasped” the effect of the Supreme Court ruling on 25 June, which saw the acquittal of protesters who blockaded a London arms fair in 2017 – or the “basic human rights point that has been there for a very long time”.
In its letter to the Met, Extinction Rebellion questioned, in light of the ruling, how the force intends to adapt its tactics and which powers it will be relying on to police the upcoming protests, which the group is calling the “Impossible Rebellion”.
The activists also asked how the ruling would impact the force’s approach to “pre-emptive arrests” and seizures of equipment, applications for warrants and surveillance, the size of the police response, and the imposition of Section 12 and Section 14 orders – which grant police extra powers to control “public assemblies”.
While both orders have been used – on one occasion “unlawfully” – during previous protests, officers have also pre-emptively raided Extinction Rebellion warehouses and other associated locations in the past, most recently in the lead up to a demonstration in June. A dozen people were arrested and items were confiscated from the premises.
With the Met confirming this week that it had brought forward 1,938 prosecutions of Extinction Rebellion protesters, 73 per cent of which it said had resulted in convictions, the group also questioned how the Supreme Court ruling would be applied when deciding which offences to prosecute or to refer to the CPS.
Speaking during a press briefing on the upcoming protests, Deputy Assistant Commissioner Matt Twist said the ruling and subsequent wave of overturned convictions “do not preclude officers from taking action on to prevent disruption to London’s road network where that obstruction is wilful and unreasonable”.
“These cases have rightly prompted questions regarding how police officers will respond and act in the event protesters cause disruption to road networks in London,” DAC Twist said, adding that the “consequence of these cases has been comprehensively considered by teams at the Met”.
UK news in pictures Show all 50
1/50UK news in pictures
UK news in pictures 20 August 2021 Peopl e zip wire across the sea from Bournemouth pier towards the beach.
PA
UK news in pictures 19 August 2021 Supporters of Geronimo the alpaca gather outside Shepherds Close Farm in Wooton Under Edge, Gloucestershire
PA
UK news in pictures 18 August 2021 Former Afghan interpreters and veterans hold a demonstration outside Downing Street, calling for support and protection for Afghan interpreters and their families
PA
UK news in pictures 17 August 2021 Military personnel board the RAF Airbus A400M at RAF Brize Norton in Oxfordshire, where evacuation flights from Afghanistan have been landing
Reuters
UK news in pictures 16 August 2021 Labour leader Sir Keir Starmer takes part in a minute's silence at Wolverhampton police station for the victims of the Plymouth mass shooting last week
PA
UK news in pictures 15 August 2021 2Storm, a ten-metre tall puppet of a mythical goddess of the sea created by Edinburgh-based visual theatre company Vision Mechanics, makes its way alongside the seafront at North Berwick, East Lothian, during a performance at the Fringe By The Sea festival
PA
UK news in pictures 14 August 2021 A woman and two young girls look at floral tributes in Plymouth where six people, including the offender, died of gunshot wounds in a firearms incident
PA
UK news in pictures 13 August 2021 Forensic officers in the Keyham area of Plymouth where six people, including the shooter, died of gunshot wounds in a firearms incident on Thursday evening
PA
UK news in pictures 12 August 2021 Children ride horses in the River Eden in Appleby, Cumbria, during the annual gathering of travellers for the Appleby Horse Fair
PA
UK news in pictures 11 August 2021 Stella Moris (left) reacts after talking to the media outside the High Court in London, following the first hearing in the Julian Assange extradition appeal, n London, following the first hearing in the Julian Assange extradition appeal. The US government has won the latest round in its High Court bid to appeal against the decision not to extradite Julian Assange on espionage charges
PA
UK news in pictures 10 August 2021 Students react after they receive their A-Level results at the Ark Academy, in London
Reuters
UK news in pictures 9 August 2021 The final athletes from Great Britain arrive home including Jason Kenny, Laura Kenny and Katie Archibald (front left-right) at Heathrow Airport, London following the Tokyo 2020 Olympic Games
PA
UK news in pictures 8 August 2021 Great Britain's Laura Kenny during the closing ceremony of the Tokyo 2020 Olympic Games at the Olympic stadium in Japan
PA
UK news in pictures 7 August 2021 People from the Glasgow Southside community take part in the Govanhill Carnival, an anti-racist celebration of pride, unity and the contributions immigrants have made to the community in Govanhill, at Queen's Park, Glasgow
PA
UK news in pictures 6 August 2021 Chijindu Ujah of Britain, Zharnel Hughes of Britain, Richard Kilty of Britain and Nethaneel Mitchell-Blake of Britain celebrate winning silver as they pose with Asha Philip of Britain, Imani Lansiquot of Britain, Dina Asher-Smith of Britain and Daryll Neita of Britain after they won bronze in the women's 4 x 100m relay during Olympic Games Day 14
Getty
UK news in pictures 5 August 2021 A protester places flowers on a photograph of an executed man during a demonstration organised by supporters of the National Council of Resistance of Iran (NCRI) to protest against the inauguration of Iran's new president Ebrahim Raisi in central London
AFP via Getty
UK news in pictures 4 August 2021 England's Joe Root looks on as India's KL Rahul doesn't make it to a catch during day one of Cinch First Test match at Trent Bridge, Nottingham
PA
UK news in pictures 3 August 2021 Great Britain's Laura Kenny and Jason Kenny with their silver medals for the Women's Team Pursuit and Men’s Team Sprint during the Track Cycling at the Izu Velodrome on the eleventh day of the Tokyo 2020 Olympic Games in Japan
PA
UK news in pictures 2 August 2021 Great Britain’s Charlotte Worthington competes during the Women’s BMX Freestyle Final at the Tokyo Olympics
PA
UK news in pictures 1 August 2021
EPA
UK news in pictures 31 July 2021 James Guy, Adam Peaty and Kathleen Dawson celebrate winning the gold medal in the mixed 4x100m medley relay final at the Tokyo Olympics
AP
UK news in pictures 30 July 2021 Great Britain's Bethany Shriever and Kye Whyte celebrate their Gold and Silver medals respectively for the Cycling BMX Racing at the Ariake Urban Sports Park on the seventh day of the Tokyo 2020 Olympic Games in Japan
PA
UK news in pictures 29 July 2021 Team GB's Mallory Franklin during the Women’s Canoe Slalom Final on day six of the Tokyo Olympic Games. She went on to win the silver medal
Getty
UK news in pictures 28 July 2021 Canoers on Llyn Padarn lake in Snowdonia, Gwynedd. It was announced that the north-west Wales slate landscape has been granted UNESCO World Heritage Status
PA
UK news in pictures 27 July 2021 A view of one of two areas now being used at a warehouse facility in Dover, Kent, for boats used by people thought to be migrants.
PA
UK news in pictures 26 July 2021 A woman is helped by Border Force officers as a group of people thought to be migrants are brought in to Dover, Kent, onboard a Border Force vessel, following a small boat incident in the Channel
PA
UK news in pictures 25 July 2021 Vehicles drive through deep water on a flooded road in Nine Elms, London
AFP/Getty
UK news in pictures 24 July 2021 Utilities workers inspect a 15x20ft sinkhole on Green Lane, Liverpool, which is suspected to have been caused by ruptured water main
PA
UK news in pictures 23 July 2021 Children interact with Mega Please Draw Freely by artist Ei Arakawa inside the Turbine Hall at the Tate Modern in London, part of UNIQLO Tate Play the gallery's new free programme of art-inspired activities for families
PA
UK news in pictures 22 July 2021 Festivalgoers in the campsite at the Latitude festival in Henham Park, Southwold, Suffolk
PA
UK news in pictures 21 July 2021 A man walks past an artwork by Will Blood on the end of a property in Bedminster, Bristol, as the 75 murals project reaches the halfway point and various graffiti pieces are sprayed onto walls and buildings across the city over the Summer
PA
UK news in pictures 20 July 2021 People during morning prayer during Eid ul-Adha, or Festival of Sacrifice, in Southall Park, Uxbridge, London
PA
UK news in pictures 19 July 2021 Commuters, some not wearing facemasks, at Westminster Underground station, at 08:38 in London after the final legal Coronavirus restrictions were lifted in England
PA
UK news in pictures 18 July 2021 A view of spectators by the 2nd green during day four of The Open at The Royal St George's Golf Club in Sandwich, Kent
PA
UK news in pictures 17 July 2021 Cyclists ride over the Hammersmith Bridge in London. The bridge was closed last year after cracks in it worsened during a heatwave
Getty
UK news in pictures 16 July 2021 The sun rises behind the Sefton Park Palm House, in Sefton Park, Liverpool
PA
UK news in pictures 15 July 2021 Sir Nicholas Serota watches a short film about sea monsters as he opens a ￡7.6 million, 360 immersive dome at Devonport's Market Hall in Plymouth, which is the first of its type to be built in Europe
PA
UK news in pictures 14 July 2021 Heidi Street, playing a gothic character, looks at a brain suspended in glass at the world’s first attraction dedicated to the author of Frankenstein inside the ‘Mary Shelley’s House of Frankenstein’ experience, located in a Georgian terraced house in Bath, as it prepares to open to the public on 19 July
PA
UK news in pictures 13 July 2021 Rehearsals are held in a car park in Glasgow for a parade scene ahead of filming for what is thought to be the new Indiana Jones 5 movie starring Harrison Ford
PA
UK news in pictures 12 July 2021 A local resident puts love hearts and slogans on the plastic that covers offensive graffiti on the vandalised mural of Manchester United striker and England player Marcus Rashford on the wall of a cafe on Copson Street, Withington in Manchester
Getty Images
UK news in pictures 11 July 2021 England's Bukayo Saka with manager Gareth Southgate after the match
Pool via Reuters
UK news in pictures 10 July 2021 Australia’s Ashleigh Barty holds the trophy after winning her final Wimbledon match against Czech Republic’s Karolina Pliskova
Reuters
UK news in pictures 9 July 2021 England 1966 World Cup winner Sir Geoff Hurst stands on top of a pod on the lastminute.com London Eye wearing a replica 1966 World Cup final kit and looking out towards Wembley Stadium in the north of the capital, where the England football team will play Italy in the Euro 2020 final on Sunday
PA
UK news in pictures 8 July 2021 Karolina Pliskova celebrates after defeating Aryna Sabalenka during the women's singles semifinals match on day ten of the Wimbledon Tennis Championships in London
AP
UK news in pictures 7 July 2021 The residents of Towfield Court in Feltham have transformed their estate with England flags for the Euro 2020 tournament
PA
UK news in pictures 6 July 2021 A couple are hit by a wave as they walk along the promenade in Dover, Kent, during strong winds
PA
UK news in pictures 5 July 2021 Alexander Zverev playing against Felix Auger-Aliassime in the fourth round of the Gentlemen's Singles on Court 1 on day seven of Wimbledon at The All England Lawn Tennis and Croquet Club
PA
UK news in pictures 4 July 2021 Aaron Carty and the Beyoncé Experience perform on stage during UK Black Pride at The Roundhouse in London
Getty for UK Black Pride
UK news in pictures 3 July 2021 England’s Jordan Henderson celebrates after scoring his first international goal, his side’s fourth against Ukraine during the Euro 2020 quarter final match at the Olympic stadium in Rome
AP
UK news in pictures 2 July 2021 Dan Evans serves against Sebastian Korda during their men’s singles third round match at Wimbledon
Getty
In a further press release on Friday, Scotland Yard said it was “developing a comprehensive policing plan”, with DAC Twist saying officers “will look to engage with organisers from Extinction Rebellion, hoping to minimise, where possible, any disruption to London’s communities”.
Specialist policing teams will also be on standby who can manage protesters who have built or locked themselves to complicated structures in a safe manner, he said, adding: “Like everyone else, Extinction Rebellion have the right to assemble and the right to protest.
“However these rights are qualified and are to be balanced against the rights of others. They do not have the right to cause serious disruption to London’s communities and prevent them going about their lawful business.”
It comes as the government seeks to pass the Home Office-sponsored Police, Crime, Sentencing and Courts Bill, which has sparked violent protests and has been labelled a step towards authoritarianism.
MPs on parliament’s Joint Committee on Human rights have suggested that the clauses on protest – which criminalise demonstrations deemed noisy or a “nuisance” – are a direct response to Extinction Rebellion’s previous protests, which infuriated ministers but also precluded the government’s landmark pledge to hit net-zero carbon emissions by 2050.
In its letter to Scotland Yard, the group demanded to know whether Priti Patel had given the Met directions on how to police the upcoming protests.
It came after a court heard that the home secretary called Dame Cressida and the chief constable of Hertfordshire Police, Charlie Hall, during a protest at a Rupert Murdoch-owned printing works in September, urging Mr Hall to “expedite” the removal of demonstrators.
A judge ruled in July that Ms Patel did not exert “improper influence” on police, who had “maintained their operational independence”.
Under the policing bill, Ms Patel would be handed the power to define “serious disruption”, which can be relied upon by police to impose conditions on protest.