The British government acted illegally by amending a law that gave police more powers to crack down on street protests, a judge ruled on Tuesday.
Civil liberties group Liberty launched a legal challenge to the amendment, with campaigners arguing it gave police “almost unlimited” powers to restrict protests.
The changes were pushed through when Suella Braverman was interior minister, and she repeatedly promised to crack down on protesters using so-called “guerilla tactics.”
This was followed by actions by environmental groups, such as Just Stop Oil and Extinction Rebellion, among others, with demonstrators gluing and lining themselves on roads and buildings.
The Liberty Party's objection focused on powers given to the Home Secretary by Parliament to amend current law on when police can intervene during protests to prevent “serious” widespread disorder.
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Two judges ruled that the lawmakers did not intend to lower the standard of police conduct toward protesters. The Home Office confirmed that police will target any disturbances deemed to be “more than minor”.
The high court's ruling added that the government had only consulted with law enforcement agencies before enacting the amendments.
“For the process to be fair and balanced, the government should have at least obtained the views of those who might be adversely affected by the proposed measures,” the judges added.
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Liberty newspaper called the ruling a “victory for democracy” and said it “provides an important indicator that the government can't just do what it wants.”
Right-wing Braverman, who was fired for his outspoken comments on immigration, initially sought to give greater powers to police through a parliamentary vote on new policing legislation.
MPs rejected those proposals, but several months later she used secondary legislation that allows ministers to amend existing laws to secure powers “through the back door”, Liberty said.
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The government has indicated it intends to appeal the ruling.
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