The Significance of the High Court Ruling That the Police’s London-Wide Ban on Extinction Rebellion Was “Unlawful”

Metropolitan Police officers and the Extinction Rebellion camp at Trafalgar Square, October 11, 2019 (Photo: Andy Worthington).

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The news cycle seems so frenetic right now that stories barely get noticed before the media spotlight promiscuously turns to some other topic. A case in point, to my mind, is an important High Court ruling last week — that a decision taken by the Metropolitan Police last month, to impose a blanket ban across the whole of London prohibiting any assembly of more than two people linked to Extinction Rebellion’s ‘Autumn Uprising’, under section 14 of the Public Order Act of 1986, was “unlawful.”

The two High Court judges who issued the ruling — Mr. Justice Dingemans and Mr. Justice Chamberlain — said, as the Guardian described it, that “the Met had been wrong to define Extinction Rebellion’s two-week long ‘autumn uprising’ as a single public assembly on which it could impose the order.”

As Mr. Justice Dingemans stated in the ruling, “Separate gatherings, separated both in time and by many miles, even if coordinated under the umbrella of one body, are not a public assembly under the meaning of section 14(1) of the 1986 act.” He added, “The XR autumn uprising intended to be held from 14 to 19 October was not therefore a public assembly … therefore the decision to impose the condition was unlawful because there was no power to impose it.”

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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