The Metropolitan Police has confirmed it will no longer enforce the ban on showing support for Palestine Action following last week’s High Court ruling declaring the group’s proscription unlawful.
Dame Victoria Sharpe ruled on Friday that, while the actions of some Palestine Action activists met the definition of acts of terrorism, the organisation’s activities as a whole did not warrant it being labelled a terror group.
Defend Our Juries, a protest group that has campaigned in support of those prosecuted for their alleged actions as members of Palestine Action, estimate that more than 2,700 people have been arrested since the proscription came into force last July.
Many of these have been during protests at which activists deliberately tested the enforcement of the proscription by holding up signs reading “I oppose genocide, I support Palestine action”.
Under Section 13 of the Terrorism Act 2000, it is an offence to display an article, including a sign, that could arouse suspicion that the individual engaging in such a display is a supporter of a proscribed organisation.
Delivering the verdict, Sharpe said: “The court considered that the proscription of Palestine Action was disproportionate.
“The nature and scale of Palestine Action’s activities falling within the definition of terrorism had not yet reached the level, scale and persistence to warrant proscription.”
In response, the Met put out a statement reading: “From a Metropolitan Police perspective, officers will continue to identify offences where support for Palestine Action is being expressed, but they will focus on gathering evidence of those offences and the people involved to provide opportunities for enforcement at a later date, rather than making arrests at the time.
“This is the most proportionate approach we can take, acknowledging the decision reached by the court while recognising that proceedings are not yet fully concluded.”
This is despite the fact that Sharpe ruled that the proscription should remain in place while the government considered an appeal, which the Home Office has now chosen to pursue.
Responding to the verdict on Friday, Home Secretary Shabana Mahmood said she was “disappointed” with the outcome of the case.
“The court has acknowledged that Palestine Action has carried out acts of terrorism, celebrated those who have taken part in those acts and promoted the use of violence,” she said.
“It has also concluded that Palestine Action is not an ordinary protest or civil disobedience group, and that its actions are not consistent with democratic values and the rule of law.
"As a former Lord Chancellor, I have the deepest respect for our judiciary. Home secretaries must, however, retain the ability to take action to protect our national security and keep the public safe.”
The Met recognised this in its statement, emphasising that “expressing support is still a criminal offence”.
"We will continue to intervene and make arrests where we see people crossing the line from lawful protest to intimidate, to damage property, to use violence, to stir up racial hatred or to commit other offences,” it added.
“We are mindful that this decision comes at a time when the impact of a prolonged period of significant protest continues to be felt by communities across London, in particular Jewish communities.
"We will continue to take an assertive and determined approach to dealing with antisemitism and other hate crime, acting decisively against anyone who tries to use the cover of protest to cause fear and distress to Londoners.”
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