• AutoTL;DRB
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    32 months ago

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    The former home secretary Suella Braverman acted unlawfully in making it easier for the police to criminalise peaceful protests, the high court has ruled.

    Shortly before her resignation last year, Braverman used so-called Henry VIII powers to lower the threshold for the police to impose restrictions on protests.

    Regulations brought in by such means, named in reference to the monarch’s preference for legislating directly by proclamation, are subject to minimal parliamentary scrutiny and decided on an “all or nothing” basis without amendments.

    In justifying the government’s move, the current home secretary, James Cleverly, had argued that no new offences or powers of a criminal nature had been created.

    Green and Kerr said that while “technically correct”, the home secretary’s regulations had increased the risk to protesters of being judged to have acted criminally.

    Akiko Hart, Liberty’s director, said: “This ruling is a huge victory for democracy, and sets down an important marker to show that the government cannot step outside of the law to do whatever it wants.


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