Calls for Reform in Proscription and Legislation on Public Order

Stella Creasy and Peter Hain, along with other experts, argue that the current process of proscription and legislation on public order needs significant changes. A key proposal is the introduction of a test of proportionality for police interventions, which would ensure that criminal prosecutions are only brought when necessary and proportionate to the offense. This aligns with the Crown Prosecution Service's existing code for crown prosecutors, which includes a two-stage test for prosecution. The current situation, highlighted in the Palestine Action controversy, demonstrates the need for reform. The government's reliance on anti-terrorist legislation to address low-level intimidation has led to confusion and abuse of the system. The inclusion of inactive or defunct terrorist groups in the Terrorism Act 2000 list further exacerbates the issue.

Key Takeaways:

• Stella Creasy and Peter Hain advocate for a test of proportionality in police interventions to prevent disproportionate uses of force and ensure public interest is served.
• The Crown Prosecution Service's code for crown prosecutors already includes a two-stage test for prosecution, which could be applied to police interventions.
• The current situation surrounding Palestine Action highlights the need for reform in proscription and legislation on public order.
• The government's usage of anti-terrorist legislation to address low-level intimidation has been criticized, leading to confusion and abuse of the system.
• The Terrorism Act 2000's list of proscribed organizations includes groups that are either inactive, defunct, or on ceasefire, rendering the list outdated and ineffective.
• A proposal to only prosecute under terrorism legislation in cases of murder, attempted murder, or steps towards those ends could provide a much-needed fix to the current situation.

Statistics:

• In the 12 months to March 2025, no one died as a result of the "security situation" in Northern Ireland.
• The same period saw a much greater toll from drunk-driving incidents compared to the groups listed on the Terrorism Act's proscribed organizations.

Sources:

• We voted for and against the ban on Palestine Action. Now we have a plan to end this mess, by Stella Creasy and Peter Hain, August 18
• Letter from Leslie Beaumont Croston, Lancashire
• Letter from Adrian Guelke, Belfast
• Letter from Dr Richard Clubb, London