Proscribing Palestine Action - Why Was It Unlawful? And Will The Home Secretary Win Her Appeal?
About this episode
The episode discusses the High Court's decision to quash the Home Secretary's proscription of Palestine Action as a terrorist organization and the implications for freedom of expression and policing reform.
Why did the High Court quash the Home Secretary’s decision to proscribe Palestine Action as a terrorist organisation? And what are the prospects of the Home Secretary winning on appeal? With Ken Macdonald KC refraining from public comment on public order/protest issues while he leads the independent review commissioned by Shabana Mahmood into existing public order and hate crime legislation, Tim Owen KC is joined by freelance criminal justice and policing expert Danny Shaw to discuss the background to Yvette Copper’s June 2025 decision to proscribe Palestine Action and the reasoning which led the High Court to conclude that the proscription decision was unlawful both on the basis it was made in breach of the published policy governing terrorist proscription as well as being a disproportionate interference with freedom of expression and the right to assembly under the ECHR. See here for a link to the Judgment https://www.judiciary.uk/judgments/huda-ammori-v-secretary-of-state-for-the-home-department-3/ See also Professor Mark Elliott’s commentary on the prospects of a successful appeal…
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