Stella Creasy and Peter Hain make a very good argument for changes in the process of proscription and legislation on public order (We voted for and against the ban on Palestine Action. Now we have a plan to end this mess, 18 August). They argue also for “police guidance … by setting out a test of proportionality for any interventions”. Leaving aside the expectation that our police forces already act in a proportionate manner (ie do not intentionally act disproportionately), there is existing guidance on proportionality. This is in the Crown Prosecution Service’s code for crown prosecutors, and it is but a small step to apply its principles to police interventions with a view to prosecution.
The CPS code has a two-stage test, and both must be met before a prosecution can be brought. Stage one requires there to be a “realistic prospect of conviction” (ie evidential sufficiency), and stage two requires prosecution to be in the “public interest”. It is surely in the public interest that criminal prosecutions, which may result in severe penalties, should be proportionate – and it would be outwith the public interest for someone to be brought before a criminal court when such an action is disproportionate.
It remains to be seen whether, and how, the CPS follows its own instructions (through the code) in the current cases. In the meantime, the police could bear this in mind when considering arrest, removal, detention, and preparation of a case for prosecution.
Leslie Beaumont
Croston, Lancashire
Stella Creasy and Peter Hain are right to underline what a mess the current situation is. The government’s fundamental mistake has been to attempt to address a problem of mob violence and other forms of relatively low-level but unpleasant intimidation by resorting to anti-terrorist legislation.
At the same time, the Terrorism Act 2000 needed a complete overhaul long before the current controversy over Palestine Action. The act’s long list of proscribed organisations scarcely reflects the reality that this century, despite a few horrific cases of mass casualty terrorism, drunk-driving has posed a much greater threat to the lives of the British public than all the groups on this list put together.
The same is even true of Northern Ireland. In the 12 months to March 2025, no one died as a result of the “security situation” in the province. Undeterred, the Home Office lists numerous terrorist groups in Northern Ireland, ignoring the fact that they are inactive, defunct, or have long been on ceasefire and decommissioned their weapons, or were only ever flags of convenience for larger organisations.
But a more urgent fix is required immediately if the situation over Palestine Action is not to spiral out of control. The most practical is that it should be made clear by the government and the police that there will be no prosecutions under terrorism legislation that do not involve murder, attempted murder or steps towards that end.
Adrian Guelke
Belfast
I was unable to attend the recent Palestine Action support rally in London due to poor mobility. With further protests planned next month, I am thus asking the home secretary to facilitate the Metropolitan police in providing domiciliary arrests. I will willingly don my Plasticine Action T-shirt when receiving at home.
Dr Richard Clubb
London
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