Key Takeaways
- The Metropolitan police have been using powers they no longer have to restrict pro-Palestine protests, according to legal experts.
- The power to consider "cumulative disruption" was quashed by the court of appeal in May 2025, but the Met and Home Office claim officers still have the power to take it into account.
- Legal experts disagree, stating that there is no legal basis for this approach and that the police are overstepping their authority.
- The issue highlights the "ongoing crackdown on protest" and the lack of police accountability and transparency in the use of their powers.
Introduction to the Issue
The Metropolitan police have been accused of using powers they no longer have to crack down on pro-Palestine protests. According to evidence obtained by the Guardian and Liberty Investigates, officers have imposed restrictions on at least two protests based on their "cumulative disruption" since the power to do so was quashed by the court of appeal in May 2025. This has raised concerns among legal experts and campaign groups, who argue that the police are overstepping their authority and undermining the right to protest.
The Legal Background
The concept of "cumulative disruption" was introduced through regulations that were quashed in May 2025. Despite this, the Met and Home Office claim that officers still have the power to consider cumulative disruption when imposing restrictions on protests. However, legal experts disagree, stating that there is no reference to cumulative disruption in the original legislation and that the regulations that introduced this concept were quashed. Raj Chada, a leading criminal lawyer, said: "There is no reference to cumulative disruption in the original legislation. The regulations that introduced this concept were quashed in May 2025, so I fail to see how this can still be the approach taken by police. There is no legal basis for this whatsoever."
The Impact on Pro-Palestine Protests
The issue has had a significant impact on pro-Palestine protests, with the Met police banning a Jewish pro-Palestine group from holding its weekly protest in Swiss Cottage, north London, citing the cumulative impact on the local Jewish community. The ban has been renewed every week since then, and the group’s lawyers argue that the police are overstepping their authority. In another case, the Met forced the Palestine Coalition to change the route of its march at three days’ notice, citing the cumulative impact on businesses during the Black Friday retail weekend. The coalition’s director, Ben Jamal, recalled being told by the deputy assistant commissioner that the decision to impose conditions was "purely around the cumulative effect of your protests".
The Response from the Met and Home Office
The Met and Home Office have defended their approach, stating that the outcome of the judicial review does not prevent senior officers from considering the cumulative impact of protest on the life of communities. A Met spokesperson said: "The outcome of the judicial review does not prevent senior officers from considering the cumulative impact of protest on the life of communities. To determine the extent of disruption that may result from a particular protest, it is of course important to consider the circumstances in which that protest is to be held, including any existing disruption an affected community is already experiencing." The Home Office said that the discretion to consider cumulative disruption was implied within the Public Order Act 1986 and that its forthcoming amendment would make it an "explicit requirement".
The Broader Implications
The issue highlights the ongoing crackdown on protest and the lack of police accountability and transparency in the use of their powers. The Network for Police Monitoring (Netpol) said that the