SACC Briefing on the ban on Palestine Action

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Glasgow, 9 August 2025 by Jim Campbell / Sorcha Photography, all rights reserved

1. Introduction

Palestine Action is proscribed under the UK's Terrorism Act 2000. The ban was approved by Parliament on 2 July 2025 and came into effect at midnight, 4 July 2025. A legal challenge to the ban is scheduled to be heard in the High Court in November 2025. SACC is opposed to the ban and applauds all efforts to get the ban lifted.

As far as we in SACC are aware, Palestine Action stopped operating and ceased to exist as an organisation as soon as the ban came into effect. But hundreds of people have been arrested, and many charged, for wearing or displaying items that allegedly showed support for the organisation. This appears to us to be an attempt not so much to enforce the ban, but rather to repress protests against it. 

Banning orders under the Terrorism Act 2000 don't just curtail the political freedom of members and would-be members of banned organisations. They also impose severe restrictions on the way members of the public can talk about the organisations. Bans have nevertheless largely been adhered to in the UK mainland (the situation in Northern Ireland is a little different) and prosecutions were uncommon until the ban on Palestine Action came into effect. 

There has been an unprecedented public revolt against the ban because Palestine Action had already attracted wide sympathy for engaging in non-violent direct action to stop Israel's genocide in Gaza, and because it came against the backdrop of a massive, determined and multi-organisational movement for Palestine that has its own experiences of repression.

The police response has been to adopt an aggressive stance based on a wide interpretation of anti-terrorism law and a narrow interpretation of human rights law. Police officers have made remarks that are in some cases confusing and in some case simply wrong, complicating the situation and creating needless alarm. No cases arising from the ban on Palestinian Action have yet come to trial and case law is sparse and of questionable applicability to this unique situation.

In these circumstances it isn't possible to give definitive guidance on the practical effect of the ban. This briefing attempts instead to give an indication of what to expect from police based on experiences to date, and  to put forward a view of what the legal issues may turn out to be when cases reach the courts. 

We hope it will help people potentially affected by the ban to make informed choices, whether they are seeking to avoid policing and legal difficulties, or to exercise their right to freedom of expression to the maximum extent allowed under the law, or to defy the ban as an act of civil disobedience. We hope it will also help people to safeguard their rights if arrested.

2. Outline of relevant law

• It is an offence under Section 11 of the Terrorism Act 2000 to "belong or profess to belong" to a proscribed organisation.The penalty for a Section 11 offence is a fine and/or a maximum jail term of 14 years for conviction "on indictment" (ie a jury trial) or 6 months on "summary conviction" (ie without a jury)
  
  
• It is an offence under Section 12(1) of the Terrorism Act 2000 to "invite support" for a proscribed organisation; under Section 12 (1A) to express an opinion or belief that is supportive of a proscribed organisation if doing so is "reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation"; under Section 12(2) to arrange, manage or assist in arranging or managing a meeting to support a proscribed organisation, or to further its activities, or to be addressed by someone who belongs or professes to belong to it; and under Section 12(3) to address a meeting if the purpose of the address is to encourage support for a proscribed organisation or further its activities. The penalty for a Section 12 offence is a fine and/or a maximum jail term of 14 years for conviction "on indictment" (ie a jury trial) or 6 months on "summary conviction" (ie without a jury).
  
  

  People have been charged under Section 12 for holding placards allegedly referring to Palestine Action. Section 12 potentially also impacts anyone writing or speaking about Palestine Action, for example in a speech at a demonstration.

  The full text of Section 12 is provided for easy reference in part 6 of this briefing

• It is an offence under Section 13(1) of the Terrorism Act 2000 to wear an item of clothing or wear, carry or display an article that arouses reasonable suspicion of being a member or supporter of a proscribed organisation; and under Section 13(1A) to publish an image of an item of clothing or any other article that arouses reasonable suspicion that the person publishing the image is a member or supporter of a proscribed organisation. The penalty for a Section 13 offence is a fine and/or a maximum jail term of 6 months on "summary conviction" (ie without a jury). Reasonable suspicion "presupposes the existence of facts or information which would satisfy an objective, informed and reasonable observer that the person concerned may be a member of supporter of a proscribed organisation" (Pwr and others v Director of Public Prosecutions, Queens Bench Division, 2020)
  
  

  A large number of people have been charged under Section 13(1) for holding placards or wearing clothing allegedly referring to Palestine Action. The great majority of charges brought over placards and clothing have been under Section 13(1) rather than under Section 12.

  The full text of Section 13 is provided for easy reference in part 6 of this briefing

• It is an offence under Section 15 of the Terrorism Act 2000 to fund-raise for the purposes of terrorism, under Section 16 to use money or property for the purposes of terrorism, under Section 17 to enter into an arrangement that makes money or property available for the purposes of terrorism and under Section 18 to make an arrangement (eg money laundering) to facilitate the retention or control by or on behalf of another person of terrorist property. Doing any of this for a proscribed organisation is considered to be for the purposes of terrorism. The penalty under Sections 15 to 18 is a fine and/or a maximum jail term of 14 years for conviction "on indictment" (ie a jury trial) or 6 months on "summary conviction" (ie without a jury).
  
  
• Proscription is not retrospective. It is not an offence to have been a member or supporter of an organisation, or to have made supportive statements etc before it was proscribed. Material that was published prior to proscription and remains online and appears to indicate or invite ongoing support could potentially give rise to an offence. 
  
  
• If police arrest a person that they reasonably suspect to be a terrorist (Section 41 of the Terrorism Act 2000) they have additional powers beyond those normally available to them. In particular, they can hold that person for a longer period prior to charge or release (see part 4 of this briefing). For this purpose, a person is considered (Section 40 of the Terrorism Act 2000) to "be a terrorist" if they have committed an offence an under Sections 12, Sections 15-18, Section 54 and Section 56-63 of the Terrorism Act 2000, but not under Section 13. A person can also be suspected of being a terrorist even if they are not suspected of a specific offence, but are suspected of being or having been "concerned in the commission, preparation or instigation of acts of terrorism."  Police may arrest and hold a person under terrorism powers and in the end charge them with a different offence eg Section 13 of the Terrorism Act 2000 or an offence under non-terrorism legislation. On the other hand, police will not necessarily use their powers under Section 41 even when arresting a person on suspicion of a offence that could permit them to do so.
  
  

  As far as we are aware, none of the arrests in Scotland to date have involved the use of Section 41 powers. 

• The Human Rights Act requires primary legislation (eg the Terrorism Act 2000) and subordinate legislation (eg the ban on Palestine Action) to be interpreted in a way that is compatible with "Convention Rights" (rights set out in the European Convention on Human Rights) so far as it is possible to do so. If it is not possible for primary legislation to be interpreted in this way, a court may issue a declaration of incompatibility. The legislation then remains in force unless or until changed by Parliament. If it is not possible for subordinate legislation to be interpreted in line with Convention rights, the court may strike down the subordinate legilation unless the primary legislation prevents this. Arrests over protests relating to Palestine Action potentially violate Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) of the European Convention on Human Rights.
  
  

  Section 12 of the Terrorism Act 2000 can, and therefore must, be interpreted in line with Convention Rights. On the other hand, the Supreme Court ruled in 2022 (Pwr v Director of Public Prosecutions) that Section 13 is a "strict liability" offence, meaning that it is not open to interpretation. The Supreme Court nevertheless found Section 13 to be compatible with Convention rights because of the limitations on the kind of organisations that can be banned. A rights-based defence against a Section 13 charge would be legally challenging and bound up with the pending legal challenge to the ban. It may very well need to be taken to the European Court of Human Rights in Strasbourg to have a chance of success.

• The High Court (in London), in granting leave for a full judicial review into the lawfulness of the ban, has ruled that there is an arguable case that the ban is unlawful because it interferes disproportionately with Article 10 and 11 rights, and because the Home Office did not consult with Palestine Action before imposing the ban, thus potentially violating their Article 6 right to a fair hearing. The legal foundation for police actions to date is therefore insecure. Amnesty International has described the mass arrests as "a reckless use of police power".
  
  
• If the ban is ruled to be unlawful any pending cases would necessarily be dropped and any convictions would necessarily be struck down. But if the ban is lifted by the Government (perhaps because of public pressure) without having been ruled unlawful, this would not automatically happen.
  
  

3. Key issues for protestors

• Participating in a demonstration for Palestine is categorically not an offence under the ban on Palestine Action.
  
  
• Calling for the ban on Palestine Action to be lifted or calling for terrorism legislation to be repealed or changed is categorically not an offence.
  
  
• A large number of people have been arrested and charged around the UK, most notably at a mass protest organised by "Defend Our Juries" in London on 9 August, for holding signs saying "I oppose genocide. I support Palestine Action." 
  
  

  We do not think this ought to be considered an offence under the Terrorism Act 2000 in the context of the current wave of protests against the ban on Palestine Action.

  Holding the sign would be a Section 12(1A) offence only if the person concerned is reckless as to whether the sign would lead a person to support a proscribed organisation. As far as we are aware, Palestine Action is not operational and is not available for people to join or support. There is a well-publicised campaign against the ban and signs like these are best understood as protests against the ban. We do not think there is anything reckless about displaying such a sign in these circumstances. We do not know what view a court would be likely to take of that position. Even if this argument were to be rejected, we think that a defence based on the right to freedom of expression would have a reasonable chance of success.

  Holding the sign would be a Section 13(1) offence only if it an objective, informed and reasonable observer would be satisfied that the person carrying the sign may be a member or supporter of the organisation. We think that such an observer would be aware of the well-publicised campaign against the ban and would be satisfied that the person carrying the sign was simply participating in that campaign. We do not know what view a court would be likely to take of that position. If the court were not to accept that argument, or some alternative argument that Section 13(1) is inapplicable, any attempt to put forward a rights-based defence would be legally challenging for the reasons set out in Section 2 and might well need to be taken to the European Court of Human Rights. This would potentially raise issues beyond the specific ban on Palestine Action and is a move that SACC would welcome.

  We strongly advise anyone thinking of holding an "I oppose genocide. I support Palestine Action" placard, especially if thinking of doing so as part of a "Defend Our Juries" protest, to read the briefing document published by Defend Our Juries for their planned protest on 6 September.

  If you hold one of these placards you can expect to be arrested (unjustfiably in our view).

• A number of people have been arrested and charged in Scotland for wearing T-shirts bearing the words "Genocide in Palestine Time to Take Action" with the words "Palestine" and "Action" appearing in larger print than the other words. People have also been arrested for holding placards printed similarly. Many people have held placards bearing the same words in a uniform print size. As far as we are aware none have been arrested for doing so.

  The words cannot in themselves be an offence. The allegation that the signs and T-shirts are illegal is presumably based on the relative print size of certain words. We think this is an absurd proposition.

  In terms of Section 12 of the Terrorism Act 2000, the T-shirts and signs attract attention because of the ban on Palestine Action and then draw the observer not to an invitation to support Palestine Action, but to the genocide and a general call to take action. In terms of Section 13, the objective, informed and reasonable observer envisaged by the law must surely be supposed to read the text properly. Having done so, they could not conclude that the wearer/bearer was a member or supporter of Palestine Action but could hardly fail to conclude that the wearer/bearer wanted action against the genocide - action that could reasonably be supposed to include the whole range of measures that are well known to have been advocated for throughout the genocide.

  If the courts do not agree with us that criminalisation by print size is laughable, it can still be argued that this would disproportionately interfere with the right to freedom of expression. As already remarked, making this argument in relation to a Section 13 offence would be legally challenging and might need to be taken to the European Court of Human Rights.

  A number of people who have been charged over these T-shirts and placards have recently received letters from the Crown Office and Procurator Fiscal Service (COPFS) saying that their court dates have been cancelled and new dates have not yet been set. This may indicate that COPFS is re-considering its strategy.

  For the moment, you can still expect to be arrested (unjustifiably in our view) if you wear one of these T-shirts or the similarly printed placards.

• A variety of other placards have been used in protests around the UK and will probably continue to be used. Arguably none of them are offences in the context of protests like these, though displaying them may involve substantial legal risk.
  
  
• We suggest that if you hold any of these placards or wear any similar clothing you avoid saying anything that might be interpreted as meaning that you believe your action to be an offence.

4. Your rights if arrested

For an explanation of what to expect if you are arrested in Scotland and your rights if arrested, read the online Guide to Activism, Scottish Law and the Police published by the Scottish Community & Activist Legal Project (SCALP). We are indebted to the guide for much of the information summarised below. Our guidance adds or emphasises some points of particular relevance to arrests relating to the ban on Palestine Action. It is focussed on procedures in Scotland. There may be differences elsewhere in the UK.

• Even if you have not (yet!) been arrested, if police reasonably suspect you have committed a crime or witnessed a crime, you are legally required to provide your name, address, date of birth, place of birth and nationality. Police exercising this power must tell you the general nature of the suspected crime. They may require you to stay with them while they check your details (which should not take long). You are not required to provide any other information, and we strongly advise against doing so.
  
  
• It is an offence to resist arrest. It is not an offence to refuse to assist in your arrest. You could "go floppy" so that police have to carry you.
  
  
• Avoid any behaviour that police may perceive as potentially aggressive or disrespectful. If you think police are behaving incorrectly towards you, try to affirm your rights non-aggressively.
  
  
• Police may handcuff you, but have to be able to justify this. If the handcuffs tighten and cause pain or restrict your blood flow, tell them. If you have a health problem that would make if painful or dangerous for your hands to be cuffed behind you, tell them.
  
  
• As you are being arrested you will be cautioned ie told that anything you say may be used as evidence against you.
  
  
• If arrested you will normally be taken to a police station. Police may, in rare instances, process arrests at the scene. Police did this on a large scale at the "Defend Our Juries" protest in London on 9 August, using gazebos for the purpose. You can try to insist on being taken to a police station by refusing to provide your details (name, address, date of birth, place of birth, nationality) until taken there.
  
  
• You are legally required to provide name, address, date of birth, place of birth and nationality. You are not legally required to provide any other information and we advise you not to do so, apart from some exceptions mentioned below.
  
  
• Police will try to confirm your details. It they cannot confirm your address from documents you are carrying or from police records or the electoral roll, they will send officers to your home to check with people living there. If no one is home, your release may be delayed.
  
  
• If you are on medication, or have medication that you could require in an emergency, inform police of that. If you have been injured or are suffering from a medical problem, inform police of that and demand to see a doctor.
  
  
• You will be asked a variety of welfare questions. You are not required to answer them, but if you are not under the influence of drugs it will probably be to your benefit to tell them so when asked, and if you are not feeling suicidal it will it will probably be to your benefit to tell them that when asked (otherwise you will be put on suicide watch).
  
  
• You may be taken through an area of UV light to check if you are marked with "smart water". You will be searched and will have to remove outer clothing and footwear for this. You can be photographed and fingerprinted and can be required to provide a DNA sample. This is likely to be done by a mouth swab, but samples of hair, nail clippings, under the nail samples or blood (from surface swabbing) could be taken. You can be strip searched (by a person of the same gender), for which there must be a specific justification. More intimate searches can only be carried out on the authority of a sheriff and must be carried out by a health care professional.
  
  
• All your possessions will be taken and put in a bag. You can ask to keep glasses and also to keep a book (if you have one) with you in your cell. This is at the discretion of the police.
  
  
• You have the right to have police inform someone (eg friend, family member, support person for the demo you are involved in) of your arrest. We suggest that when doing so you make sure to give police permission to share your information with that person, otherwise they may have difficulty finding out what is going on.
  
  
• You have the right to have police contact a solicitor of your choice (pick one beforehand!). You only need your solicitor's name, not their phone number. We strongly recommend that you do this rather than relying on the duty solicitor. Legal advice from your solicitor or a duty solicitor is free as long as you are in police custody. Legal advice can be given in person or on the phone.
  
  
• Once you have been processed, you will be taken to a cell of your own, which will have a toilet and a mattress and possibly blankets (you can ask for more). You should be given 3 meals a day.
  
  
• You can normally be held by police for 12 hours before being charged or released, and for a further 12 hours on the authority of a senior officer. If you were arrested under Section 41 anti-terrorism powers (police could use these powers if they suspect you of an offence under Section 12 of the Terrorism Act 2000) you can be held on the authority of the police for up to 48 hours. This can be extended to a maximum of 14 days on the authority of a court. The police can continue to hold you beyond the period of 48 hours while an application to the court for extended detention is being made. You can make representations to the court to challenge the extension of your detention.
  
  
• If you were arrested under Section 41 anti-terrorism powers (police could use these powers if they suspect you of an offence under Section 12 of the Terrorism Act 2000) you may be taken to a police station with specialist facilities. The police must inform your solicitor and the person (friend/family etc) you have nominated of your location "without delay". Ask them to do this.
  
  
• If you were arrested under Section 41 anti-terrorism powers you should be provided with and have access to a Letter of Rights setting out your rights.
  
  
• You have a right to private consultation with your solicitor at any time (this could be by phone). If you were arrested under Section 41 anti-terrorism powers police can in some circumstances delay your access to a solicitor. We strongly recommend that you answer all questions with "no comment" until you have access to a solicitor.
  
  
• If you are suspected of an offence connected with displaying a placard or wearing clothing supposedly associated with Palestine Action, we strongly suggest that you tell your solicitor at an early stage that you intend to deny committing any crime even if you do not contest the facts alleged by police. You do not need to decide on a plea (guilty or not guilty) at this stage, but it is helpful for your solicitor to understand the approach  you wish to take.
  
  
• You may at some point be formally interviewed by police. We strongly recommend that you ask for your solicitor to be present. We strongly recommend that you then answer with "no comment" to all questions (we would expect any good solicitor to give the same recommendation). We recommend that you then consider (after private consultation with your solicitor) providing a statement. You can (which is not to say that you should) set out your own account of events and address any points that your solicitor thinks should be addressed at this stage. But remember that you are not on trial and you don't yet know exactly what any eventual case against you might be. There is no need to put forward your defence at this point. The police are questioning you for their benefit, not yours. Disregard any suggestion by police that they are trying to help you. Be careful what you say and do not say anything at all unless your solicitor thinks there is a good reason to do so.
  
  

  If you are suspected of a Section 13 offence, nothing except the article you were displaying or wearing and the immediate circumstances should be relevant to any police investigation. We would regard any wider questioning as a fishing expedition that could lead to more serious charges. If you are suspected of a Section 12 offence, you are suspected of "being a terrorist." Any police investigation may then be wider than ought to be the case for a Section 13 offence. In either of these situations the advice given above is extremely important.

• You may be formally charged at some point. You will be asked if you understand the charge and if you wish to make a reply. We strongly recommend that you do not reply except perhaps to say that you understand the charge.
  
  
• If you are not charged, police may consider that you are no longer a suspect and release you, or they may release you pending further investigation (meaning that you are still a suspect), or they may release you (as a suspect) with conditions that you must adhere to. Conditions cannot be imposed for more than 28 days.
  
  
• If you are charged, police can keep you in custody until a court appearance, which must be on the next working day, or they can release you on an undertaking ("police bail") to appear in court on a specified date, or they can release you and send a report to the Procurator Fiscal, who will then decide how to proceed and may call you to court at a later date.

5. Consequences of Conviction

It is to be hoped that protests will sooner or later lead to the ban on Palestine Action being lifted. If that happens through a political decision by the Government, rather than through the ban being ruled unlawful, it is not automatic that convictions would be struck down.

Sentencing is outlined in Part 2 of this briefing.

A conviction carries other consequences besides the sentence. It may have an impact on job applications, employment, university admission and membership of professional body. Visa applications generally require disclosure of convictions. A conviction under the Terrorism Act 2000 would potentially be a bar to entry to some countries, including the US and Australia and, from 2026, EU countries.

A conviction under Section 12 of the Terrorism Act 2000 (we think this is much less likely than under Section 13) would be considered a serious offence for the purposes of the Refugee Convention and could be used to justify the expulsion of a refugee from the UK.

6. The Law in Full

Sections 12 and 13 are the parts of the Terrorism Act 2000 most likely to affect people protesting against the ban on Palestine Action. They appear below.

Nothing on this page should be interpreted as legal advice. We advise anyone at legal risk to consult a lawyer with relevant experience.

Photo: Demonstration in Glasgow organised by the Gaza Genocide Emergency Committee (GGEC), 9 August 2025, © Jim Campbell / Sorcha Photography, all rights reserved