Met police challenged over unlawful arrest policy for Palestine Action support

London-based law firm Hodge Jones & Allen LLP has written to the Metropolitan police challenging its revised policy on Palestine Action support. The firm has warned that any arrests the Met makes under the policy are likely to be unlawful.

The letter, written on behalf of campaign group Defend Our Juries, comes after a shock U-turn from the Met. Late on 25 March, the force announced that it will resume arrests under Terrorism legislation for people holding signs referencing support for protest group Palestine Action. This is despite the High Court ruling in February that the proscription of the group was unlawful.

This is a complete departure from the Met’s previous position. In an initial response to the ruling, the Met announced in February that it would stop making arrests of people showing support for the group. It said it would focus on collecting evidence instead.

While the Court stayed the effect of its judgment pending a government appeal, Hodge Jones & Allen argues that any arrests in the interim would be unlawful. This places significant pressure on the Met to justify its new position.

The letter states:

The Metropolitan police’s position is based on a misunderstanding of the legal position and will produce profoundly unfair results and unlawful arrests.

The decision of the High Court to ‘stay’ the effect of their ruling is not determinative of the legal position.

The Metropolitan police should have due regard, when assessing whether to conduct an action such arrest, to the fact that the High Court has unanimously found the legal position to be unlawful. Pending any successful appeal, that is an authoritative statement of the legal framework at present.

The letter highlights that courts have already adjourned all trials connected to the Defend Our Juries “Lift the Ban” campaign. Prosecutors themselves have indicated that proceedings should not continue until the legal framework is clarified. This would make any arrests futile as well as unlawful, since prosecutors can’t charge or conclude cases.

The letter continues:

In view of the difficulties in any case being charged or being concluded with a trial, we can see no merit in any arrest. We submit as follows:

Firstly, we fail to see how any arrest allows an officer to have reasonable suspicion that an offence has been committed nor that the “necessity” condition under s24 PACE 1984 is fulfilled. If an officer considers that there may be an offence, then the previous policy of monitoring and collecting evidence is sufficient.

Secondly, those seeking to take part in the “Lift the Ban Campaign” are exercising their rights under Article 10 of the European Convention on Human Rights.

It is clear that this is a campaign aimed at de-proscription. Any arrest is an interference with that right, and in these circumstances cannot be considered proportionate.

Therefore, we regard any arrest as unlawful.

Why is expressing support for Palestine Action suddenly arrestable again?

The Met’s previous position was that a “focus on gathering evidence”, rather than arrests, would be “the most proportionate approach”. It is unclear what has prompted the force to change their assessment of proportionality, other than recent correspondence with Defend Our Juries.

On 19 March, Defend Our Juries wrote to the Met commissioner, Mark Rowley, to raise the case of a woman arrested on 15 March. Police arrested her for holding a sign expressing support for Palestine Action, in breach of the Met’s policy at the time. The group was not consulted prior to the policy change announced on 25 March, and further mass arrests under Terrorism legislation are now expected in Trafalgar Square on 11 April, when Defend Our Juries’ next silent vigil is planned.

As the letter highlights, the only basis for these arrests is a law which the High Court has ruled to be unlawful. Hodge, Jones & Allen is seeking urgent assurances from the Met that participants in the “Lift the Ban” campaign will not be arrested while the legal position remains unresolved.

A spokesperson for Defend Our Juries said:

The Met has lost the plot. The ‘Lift the Ban’ campaign against the unlawful proscription of Palestine Action was vindicated by the High Court, and yet they’re still going to arrest us on terrorism charges for peaceful protest even now.

Rather than admit that the arrest of a woman under the Terrorism Act on 15 March breached their own policy, they have now changed the policy to try to make it fit retrospectively. That’s just embarrassing.

The Met will now waste even more public resources on arresting hundreds more people for terrorism charges on the basis of a proscription order which the High Court has already ruled unlawful.

How can they believe that’s proportionate or in the public interest? Nothing has changed since they said on 13 February that stopping arrests was “the most proportionate approach we can take.

The deputy assistant commissioner stated that they needed to give ‘clear guidance’ to their officers. Nothing says ‘clear guidance’ like regularly changing your mind over the unlawful arrests of thousands of peaceful protesters holding paper signs.

Featured image via M Lyman / Defend Our Juries