Several arrests for protesting against the monarchy have been made since the death of the Queen
(Picture: PA)Anti-monarchy protesters have been arrested in the UK while protesting against the monarchy after the death of Queen Elizabeth II.
Three known arrests have been made since King Charles III’s proclamation on Saturday September 10, with protesters detained in Scotland and Oxford on suspicion of breach of the peace and public order offences.
An Oxford man, Symon Hill, was arrested – and later released – for his outburst “who elected him?” during the proclamation, Thames Valley Police confirmed.
So, as the monarchy is being challenged, what should you know about protesting after the Queen’s death?
Can I protest during the mourning period for the Queen?
Everyone has the right to peaceful protest in the UK.
Freedom of expression and freedom of assembly are protected rights under the European Convention on Human Rights, articles 10 and 11 – although there is no specific law regarding protest.
The UK recognises this legislation, which was incorporated into British law in 1998 by the Human Rights Act.
What is the Public Order Act 1986?
Limits on the right to protest in England and Wales exist in the Public Order Act 1986.
The act criminalises “threatening or abusive words or behaviour, or disorderly behaviour” – including writing.
Barrister Paul Powlesland, 36, from Barking was warned by police about writing anti-monarchy statements on a blank piece of paper he was holding near Downing Street on Monday.
Just went to Parliament Square & held up a blank piece of paper. Officer came & asked for my details. He confirmed that if I wrote “Not My King” on it, he would arrest me under the Public Order Act because someone might be offended.
— Paul Powlesland (@paulpowlesland) September 12, 2022
Powlesland told the PA news agency: “I held that up and various police officers spoke to me and I tried to find out from some of them whether if I wrote ‘not my King’ on it, they would arrest me.
“They didn’t know or wouldn’t say, and then I went for a little walk around and went down towards Downing Street. And then that officer came up to me and began that conversation effectively asking for my details and then saying: ‘If you write “not my King” on it, then we may well arrest you for public order offences, being offensive.’”
The maximum fine for this offence is £1,000.
What are the other limitations on protest?
Under the Police, Crime, Sentencing and Courts Act, passed this year, restrictions on protests have tightened to now include noise levels as a possible condition on protests.
A woman, 22, was arrested in Oxford for holding a sign that said: “F*** imperialism, abolish monarchy”.
She was charged with breach of the peace, a common law offence in England and Wales but a statutory offence in Scotland.
The Sherrif’s Court, where she was charged to appear, is able to give her a maximum penalty of 12 months in jail and/or a £5,000 fine.
In extreme cases with formal charges, this could be extended to a five-year prison sentence and/or a £5,000 fine.
In Westminster, a protester holding a sign saying “not my king” was quietly guided away from the crowd by police.
Does anti-monarchy protest count as treason?
The last known prosecution under the Treason Felony Act 1848 was in 1879. The act, which still in force, makes such protests a criminal offence that could result in lifetime imprisonment. But with republicans criticising the infringement of freedom of speech it is unlikely this punishment will be revived.
