New guidelines protect ‘peaceful protesters’

Keir Starmer QC, the Director of Public Prosecutions, said he wanted to help prosecutors “differentiate between violent or disruptive offenders who risk causing damage and injury to others, and those whose intent was essentially peaceful”.

It has never been the rule that prosecution will automatically follow evidence of an offence, the guidelines stated.

Prosecutors first have to establish whether there is a realistic prospect of conviction and then consider whether a prosecution would be in the public interest.

Under the guidelines, a prosecution would be more likely if the protester used violence, played a leading role, was armed with a weapon, or took steps to conceal their identity.

Offences committed during protests which caused significant disruption to the public and businesses, or significant damage to property, would also be more likely to result in prosecution.

But if the public protest was “essentially peaceful”, or if the suspect had a minor role or acted instinctively in the heat of the moment, a prosecution would be less likely.

Mr Starmer said: “Criminals bent on disruption and disorder are warned they will not get an easy ride. My intention is that this guidance should ensure these difficult cases are dealt with proportionately and consistently.

“It seeks to balance the public’s rightful expectation that offenders should face justice, with our legally enshrined, and age-old tradition, of peaceful protest.”

The move would not apply to offences committed during a repeat of last summer’s riots, which would be classed as violent disorder.