The London Metropolitan Police has released a statement warning pro-Palestine protesters attending future demonstrations against expressing support for the newly proscribed group Palestine Action, outlining the law and measures they will take if a breach is discovered.
Direct action groups Palestine Action has now been proscribed by the UK Government following a vote by MPs on Wednesday.
As of July 5, expressing support for them is a criminal offence and can earn offenders a lengthy prison sentence.
In the statement, the Met explained the law in detail and pledged to enforce it.
“There are a number of events taking place in London this weekend and anyone attending should be aware that officers policing these will act where criminal offences, including those related to support of proscribed groups or organisations, are committed.
Under the Terrorism Act 2000, the Home Secretary may proscribe an organisation if they believe it is concerned in terrorism and it is proportionate to do so.
Proscription makes it a criminal offence to invite or express support for a proscribed organisation through chanting, wearing clothing or displaying articles such as flags, signs or logos.”
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The group, known for its direct action campaigns targeting Israeli weapons factories and their UK supply chains, is the first protest organisation to be banned under the UK Terrorism Act.
Lawyers acting on behalf of Huda Ammori, the group’s co-founder, had sought to prevent the ban from taking effect, arguing for interim relief ahead of a scheduled judicial review.
However, following a hearing at the high court on Friday, Justice Martin Chamberlain declined to grant the application.
The British authorities have condemned the group before but designation came after pro-Palestinian activists associated to Pal Action targeted RAF Brize Norton and damaged two military aircraft.
Cooper said “the disgraceful attack on Brize Norton” on June 20 was “the latest in a long history of unacceptable criminal damage committed by Palestine Action.”
What does the law say?
The Terrorism Act 2000 defines what the law sees as terrorism, which includes not only acts of (or the threat of) serious violence against people but also serious damage to property which is “designed to influence the government, or an international governmental organisation or to intimidate the public.”
As well as detailing specific terrorist offences, the Terrorism Act allows the Home Secretary to “proscribe” (ban) certain groups as terrorist groups, making membership and support for them illegal.
It then becomes a specific crime to support them, regardless of whether you have or intend to commit acts of violence or property damage.
Now Palestine Action is a proscribed organisation, it has become an offence to:
- Be a member of or say you are a member of Palestine Action (Section 11 Terrorism Act 2000).
- invite support for Palestine Action or arrange/attend an event in support of Palestine Action (Section 12, Terrorism Act 2000).
- to express an opinion or belief that supports a proscribed organisation, where the person is reckless as to whether the expression will encourage others to support the organisation (Section 12 Terrorism Act 2000). For instance, directly expressing your support for Palestine Action on social media or giving a speech saying you aren’t a member but you think that they have run effective campaigns could constitute an offence. “Reckless” in this context means that the person doing it is aware of a risk that their expression could encourage support for Palestine Action, and it is unreasonable for them to take that risk.
- wear clothing or carry articles in public which arouse reasonable suspicion that an individual is a member or supporter of Palestine Action (Section 13, Terrorism Act 2000). This will include, for instance, wearing a Palestine Action t-shirt or having stickers with their logo on.
- Publish an image of an item or logo that may arouse reasonable suspicion that an individual is a member or supporter of Palestine Action (Section 13, Terrorism Act 2000). This means that sharing a photo of yourself in a Palestine Action t-shirt or sharing their logo on your social media could constitute an offence.
- fundraise for, give money to, or hold funds intended for Palestine Action (Section 15 Terrorism Act 2000).
- All of the above can relate to things you’re doing “in the real world” and online (e.g. on social media, in public message threads).
However, none of these offences can be applied retrospectively. You cannot be prosecuted under counter-terror legislation for anything you did before Palestine Action becomes proscribed, and it it not illegal to have supported them or fundraised for them in the past.
