Palestine Action High Court challenge can go ahead, judge rules
The ban means that membership of, or support for, the direct action group is a criminal offence punishable by up to 14 years in prison.
Earlier this month, lawyers for Ms Ammori asked a judge to allow her to bring the High Court challenge over the ban, describing it as an 'unlawful interference' with freedom of expression.
And in a decision on Wednesday, judge Mr Justice Chamberlain said that two parts of the arguments on Ms Ammori's behalf were 'reasonably arguable'.
In his ruling, he said that it was 'reasonably arguable' that the proscription 'amounts to a disproportionate interference' of Ms Ammori's rights to freedom of expression and freedom of assembly.
He said: 'That being so, the point will have to be determined at a substantive hearing and it would not be appropriate for me to say more now.'
The judge continued that a second argument, that Ms Cooper failed to consult Palestine Action 'in breach of natural justice', was also 'reasonably arguable'.
He said: 'As a matter of principle, I consider that it is reasonably arguable that a duty to consult arose.'
He continued: 'Having considered the evidence, I also consider it reasonably arguable that there was no compelling reason why consultation could not have been undertaken here.'
Following the ruling, Ms Ammori said: 'This landmark decision to grant a judicial review which could see the Home Secretary's unlawful decision to ban Palestine Action quashed, demonstrates the significance of this case for freedoms of speech, expression and assembly and rights to natural justice in our country and the rule of law itself.'
She continued: 'We will not stop defending fundamental rights to free speech and expression in our country and supporting Palestinian people against a genocide being livestreamed before our eyes.'
Raza Husain KC, for Ms Ammori, previously told the court at the hearing on July 21 that the ban had made the UK 'an international outlier' and was 'repugnant'.
Mr Husain added: 'The decision to proscribe Palestine Action had the hallmarks of an authoritarian and blatant abuse of power.'
The Home Office is defending the legal action.
Sir James Eadie KC, for the department, said in written submissions that by causing serious damage to property, Palestine Action was 'squarely' within part of the terrorism laws used in proscription.
He said: 'There is no credible basis on which it can be asserted that the purpose of this activity is not designed to influence the Government, or to intimidate the public or a section of the public, and for the purpose of advancing a political, religious, racial or ideological cause.'
Previously, Ben Watson KC, for the Home Office, said Palestine Action could challenge the Home Secretary's decision at the Proscribed Organisations Appeal Commission (POAC), a specialist tribunal, rather than at the High Court.
Sir James said that an 'exceptional case' would be needed for it to go to the High Court, rather than the POAC.
Mr Justice Chamberlain said on Wednesday that a High Court challenge could take place in the autumn of this year, whereas an appeal to the specialist tribunal would take much longer.
He said: 'If it were necessary to appeal for deproscription, it is very unlikely that an application before POAC would be listed before the middle of 2026.'
In his judgment, he said: 'If the legality of the proscription order can properly be raised by way of defence to criminal proceedings, that would open up the spectre of different and possibly conflicting decisions on that issue in magistrates' courts across England and Wales or before different judges or juries in the Crown Court.
'That would be a recipe for chaos.
'To avoid it, there is a strong public interest in allowing the legality of the order to be determined authoritatively as soon as possible. The obvious way to do that is in judicial review proceedings.'
Ms Cooper announced plans to proscribe Palestine Action on June 23, saying that the vandalism of the two planes, which police said caused an estimated £7 million of damage, was 'disgraceful'.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mail
7 minutes ago
- Daily Mail
Palestine Action supporters claim they are the 'moral backbone' of the UK and that hundreds of them are ready to swarm police ahead of protests this weekend
Palestine Action supporters have boasted that they are the 'moral backbone' of Britain as hundreds prepare to swarm the police this weekend. At least 500 activists are set to join a demonstration at Parliament Square this Saturday, in which they will hold signs saying 'I oppose genocide, I support Palestine Action'. It has fuelled fears of a 'mass arrest' event, with police and No 10 confirming this week that anyone who supported the newly proscribed terror group would be arrested. But yesterday Tim Crosland, co-founder of Defender Our Juries, which is organising this weekend's protest, said he was 'proud' of those who had signed up to show support for Palestine Action, calling them 'the moral backbone of this country'. He told Times Radio that arresting peaceful protesters was a waste of police time. 'I think the spectacle of police resources, a police service that's under immense pressure, that doesn't answer phone calls for burglaries, that they're dragging retired priests and teachers into police vans for holding up signs,' he said. 'It's an appalling waste of funds.' Last week, Palestine Action won permission to challenge the ban after the High Court ruled it had an arguable case. A judicial review will take place in November. Until then, the ban remains in place. It means that membership of, or support for, Palestine Action is a criminal offence punishable by up to 14 years in prison, under the Terrorism Act 2000. But Mr Crosland also told an online press conference yesterday afternoon that there would be continued demonstrations in support of the group until the judicial review had concluded. He said he had been 'hearing from thousands of people wanting to take part in this action'. 'It feels like there's huge energy behind it,' he added. 'By November, we hope that this crazy law is struck down and we don't need to campaign against it anymore.' The Met has said the protests had 'the intention of placing a strain on the police' - something organisers have denied. But Mr Crosland claimed the police were in 'disarray' over the ban, with forces from across the country taking differing approaches to protesters, with some not taking action against peaceful demonstrations. There have already been 200 arrests at protests organised by Defend Our Juries since the ban came into force last month. However, Mr Crosland claimed no one had yet been charged, adding that there was 'a sense' that no one would be until the appeal had been heard. The former government lawyer said Defend Our Juries had received legal advice that claims against the police 'for unlawful arrest and for trespass to people's property' could be possible if the High Court rules in Palestine Action's favour. Mr Crosland said Defend Our Juries had written directly to Home Secretary Yvette Cooper and Met Chief Sir Mark Rowley ahead of this weekend's protests, but had yet to receive a response. However, he said the group had received a 'nice letter' from Lord Hermer last October in relation to their Free Political Prisoners campaign, in which the Attorney General said he 'would love to meet'. 'Unfortunately, it wasn't quite the right time back then, and it seems still not to be quite the right time, but he did send us a nice letter,' Mr Crosland added. Prison bosses have initiated emergency measures for a possible influx of arrested demonstrators this weekend amid concerns that some jails are close to full. A Met Police spokesperson said: 'We are aware that the organisers of Saturday's planned protest are encouraging hundreds of people to turn out with the intention of placing a strain on the police and the wider criminal justice system. 'The Met is very experienced in dealing with large-scale protests, including where the protest activity crosses into criminality requiring arrests. 'While we will not go into the specific details of our plan, the public can be assured that we will have the resources and processes in place to respond to any eventuality. 'Our officers will continue to apply the law in relation to Palestine Action as we have done since its proscription. 'Anyone showing support for the group can expect to be arrested.' The move to ban Palestine Action came after two Voyager aircraft were damaged at RAF Brize Norton in Oxfordshire on June 20, which police said caused about £7 million worth of damage. Home Secretary Yvette Cooper announced plans to proscribe Palestine Action three days later, saying the vandalism of the planes was 'disgraceful' and the group had a 'long history of unacceptable criminal damage '.
Western Telegraph
13 minutes ago
- Western Telegraph
Asylum seekers who work illegally should be on ‘next plane home'
The Conservative Party leader and shadow home secretary Chris Philp have proposed a crackdown on illegal working amid fears a 'soft touch' is driving English Channel crossings. Migrants whose asylum claims are yet to be processed are not generally allowed to work but they can apply for permission to work if they have been waiting a year or longer for a decision. The Home Office last month struck an agreement with Deliveroo, Just Eat and Uber Eats to equip these companies with tools to identify patterns of misuse and riders who are not allowed to work in the UK. The Government will share the locations of asylum hotels as part of the deal. But the Conservatives have called for illegal working to become a disqualifier in the asylum process, so that anyone caught is barred from becoming a refugee. 'If you come here illegally, take advantage of our asylum system, and then break our laws by illegally working, your asylum claim must be rejected and you should be on the next plane home,' Mrs Badenoch said. 'Under my leadership, the Conservatives will never allow Britain to become a soft touch for those who think they can break the rules and profit from it.' She also said that illegal working 'rewards illegality, protects perpetrators and mocks hard-working taxpayers.' Mr Philp said he had seen riders gathering at a hotel housing asylum seekers, which he described as 'an underground courier cartel operating right under this Government's nose'. He continued: 'Illegal working is a pull factor sold by smugglers as a reward to break in to our country and cross the Channel. 'That is why we are calling for new action: anyone who plays the system should have their status stripped, wages confiscated, and be deported.' Home Secretary Yvette Cooper has previously said that 'illegal working undermines honest business, exploits vulnerable individuals and fuels organised immigration crime'. She described the Home Office's data-sharing deal as 'decisive action to close loopholes and increase enforcement', and added it sat alongside 'a 50% increase in raids and arrests for illegal working'.
Telegraph
37 minutes ago
- Telegraph
Starmer accuses Palestine Action of targeting Jewish-owned businesses
Palestine Action has targeted Jewish-owned businesses, Sir Keir Starmer has claimed. The Prime Minister made the comments at a meeting of Labour's national executive committee (NEC), saying that the now banned protest group had a history of 'targeting Jewish-owned businesses'. The comments were first reported by Ann Black, an NEC member, who said she had passed on concerns about the Government decision to proscribe Palestine Action to the Prime Minister. She added that Sir Keir insisted that the ban on the group was 'not intended to stifle debate on Palestine'. This weekend, a large-scale protest is expected to take place in London in support of Palestine Action, with police warning that anyone 'showing support' for the group faced arrest. A source told The Times that Sir Keir said at the NEC meeting: 'It's not just the RAF bases, they've planned and attacked Jewish-owned businesses.' He reportedly went on to say there were 'some incidents that were well known, and others that were not'. Earlier this week, an activist allegedly associated with Palestine Action was remanded in custody accused of vandalising two aircraft at RAF Brize Norton. It is estimated that the full cost of repairing the two planes will be around £7m. A spokesman for the Prime Minister said: 'Those who seek to support this group may not yet know the true nature of this organisation. 'But people should be under no illusion, this is not a peaceful or non-violent protest group, and we're also clear that their activities do not reflect or represent the thousands of people across this country who continue to exercise their fundamental right to protest on different issues.' Some backbench Labour MPs openly spoke out against the Government's decision to proscribe the group under antiterrorism laws when the Home Secretary announced the move in July. Clive Lewis said that in Britain there had been a 'long history… of direct action which pushes the boundaries of our democracy'. Richard Burgon said that the move risked 'criminalising thousands of volunteers and supporters'. The Prime Minister has also been forced to defend his announcement last week of a plan to recognise a Palestinian state in September, unless Israel meets certain conditions.
