Britain’s New Class of Prisoners: A Threat to Democratic Protest

The rise of anti-protest legislation and sentences in England and Wales has created a disturbing trend: the systematic incarceration of individuals engaging in civil disobedience, particularly those fighting climate breakdown and the annihilation of Gaza. According to a recent report by Queen Mary University of London (QMUL) and the protest group Defend Our Juries, 286 cases involving climate and Palestine-solidarity activists have been sent to prison for a total of 136 years.

This trend is not just about individuals breaking the law; it’s a deliberate effort to silence dissenting voices. Researchers identified an increase in anti-protest legislation, police powers, and civil law injunctions brought by corporations and public bodies. Judges are also playing a role, removing legal defences and handing down exceptionally long sentences.

The data paints a chilling picture: one in three protesters is jailed for six months or more, while one in five faces imprisonment for over a year. The average detention period is 28 weeks, with many individuals languishing in prison before their trial even begins. In some cases, such as the “Filton 24”, who spent up to 18 months in jail before being bailed after some were cleared of aggravated burglary.

Contempt charges, which account for 40% of imprisonment cases, are particularly troubling. These charges often arise from breaches of civil injunctions obtained by private companies or public authorities, effectively turning a civil matter into a criminal one. As Whyte noted, this “means that private companies, effectively, are imposing injunctions which lead to large numbers of people going to jail.”

The judiciary’s response to these allegations has been telling. A judicial spokesperson emphasized the importance of “judicial independence and impartiality” while downplaying the significance of exceptional sentences. However, this misses the point: it’s not about individual judges making decisions based on evidence or applying the law as it stands; it’s about the system itself, which is being used to silence dissenting voices.

This trend has far-reaching implications for democratic protest in Britain. As climate change and social justice movements gain momentum, the government and corporations are pushing back with increasingly draconian measures. The use of anti-protest legislation and contempt charges sends a clear message: dissent will not be tolerated. This is a threat to the very fabric of democracy, where citizens have the right to peaceful protest and express their opinions without fear of reprisal.

The use of anti-protest legislation has a long history in Britain, dating back to the 19th-century trade union movement and the civil rights protests of the 1960s. Governments have consistently sought to suppress dissenting voices, often targeting marginalized communities. Now, in an era of escalating climate crisis and social unrest, this trend is more disturbing than ever.

The report’s findings should serve as a wake-up call for policymakers, corporations, and the public at large: the erosion of democratic rights has consequences. As Whyte warned, “the real danger is that you criminalise people for breaching something which is essentially a civil injunction.” We must not let this happen.

In the coming months, we can expect to see more cases of individuals being jailed for their involvement in climate and Palestine-solidarity protests. The question remains: what will be done to address these concerns? Will policymakers take heed of the report’s findings and reform anti-protest legislation, or will they continue down a path that threatens democratic protest?

Britain’s new class of prisoners is not just a matter of individual cases; it’s a symptom of a larger problem. As we move forward, it’s essential to address the root causes of this trend and protect the rights of citizens to peaceful protest and expression. The fate of democracy hangs in the balance.