The consequences of being arrested for expressing support for Palestine Action could be “life-changing”, one of those detained during Saturday’s protests, Jonathon Porritt, has admitted.
While the former government adviser said he had carefully deliberated over a decision to take part, the road ahead for the more than 500 people arrested on Saturday involves possible criminal charges, court cases and convictions. Ultimately, custodial sentences of as much as 14 years could be imposed.
What happens next for those arrested?
Those whose details could be confirmed were released on bail to appear at a police station at a future date. The police will send case files to the Crown Prosecution Service, as they have done already in the case of at least 26 others who were arrested at previous protests in support of Palestine Action.
All those arrested have now been released under police bail, with the main condition being not to attend any future demonstrations aiming to overwhelm the criminal justice system in protest at the proscription of Palestine Action by the British government.
They will be asked how they plead and if it is not guilty they can elect for a trial before a magistrate or, more likely, a district judge.
What courts will be involved?
The majority of the 522 people arrested in Parliament Square – in most cases after displaying pieces of cardboard saying “I opposed genocide, I support Palestine Action” – were detained under section 13 of the Terrorism Act 2000. This is the “lower level” part of the act, which means those who are charged will be tried in a magistrates court rather than a crown court.
Some have been charged under the more serious section 12, which means they could seek to have their case heard in front of a jury of their peers at a crown court. The prosecution could also seek to have the trial heard there.
Defend Our Juries, the organising group behind the protest, has said it will not be recommending what people should do as they have already participated “at huge personal cost” but it will be “providing the information”.
There is a scenario in which court trials do not happen, if a co-founder of Palestine Action is successful in a legal challenge against the home secretary’s decision to ban the group under anti-terrorism laws.
Will they be jailed?
Given that most of those arrested on Saturday will be investigated under section 13 of the terrorism act, they could well walk free from court.
If convicted they could face a maximum sentence of six months’ imprisonment or a fine of up to £5,000 or both, while magistrates will take into account factors such as good character. More than half of those arrested on Saturday were aged 60 or over.
Those arrested under section 12 could face a maximum sentence of 14 years in prison if convicted.
In recent cases under section 13, people charged with supporting Hamas, including displaying pictures of hang gliders such as those used in the 7 October 2023 attack on Israel, were given absolute or conditional discharges.
Would a jury be more likely to sympathise with those arrested on Saturday? Those involved in organising the protest are confident that the British public is on the same page as them.
What would a terrorism conviction mean for someone?
The impact of such a conviction would be felt in everything from employment to travel. Many of those arrested are retired and while they do not have a job to lose, the possibility of being unable to get a visa to go abroad could weigh.
However, the consequences are starker for others arrested on Saturday including health workers and doctors. There was an organised “health block” of 13 medical professionals – including an obstetrician and gynaecologist, three other working doctors, a number of nurses and retired doctors.
Alice Clack, a senior obstetrician and gynaecologist in the NHS, said: “If doctors are charged with a crime, we have to self-report to the GMC [General Medical Council], who then have a look at the crime in question and decide whether to refer it to the Medical Practitioners Tribunal Service. Then, someone could expect to be suspended or they could be erased from the register. That is the possibility.”
As for seeking future employment, recent legislation largely reduced the period of time during which those convicted of most crimes must declare a conviction. However, this did not apply to terrorist offences, which never become spent.
