Palestine Action’s co-founder can take her case to the Supreme Court after Court of Appeal judges ruled the group’s ban was lawful.
The update in the legal challenge came after police arrested 117 people at a protest outside Westminster Magistrates’ Court in central London for expressing support for the protest group.
In June, five Court of Appeal judges said the ban on the organisation as a terror group was a “justified and proportionate” interference on freedom of expression rights.
This overturned the judgment of three judges at the High Court who ruled in February that the then-home secretary Yvette Cooper’s decision to ban Palestine Action was unlawful, after a legal challenge from the group’s co-founder Huda Ammori.
Police detain a demonstrator outside Westminster Magistrates’ Court (Jordan Pettitt/PA)
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She launched her bid to take the case to the UK’s highest court earlier this month and in a decision published on Thursday, Lord Sales, Lord Leggatt and Lady Simler granted permission for her appeal.
The case is to be expedited, court records show, with a hearing expected between October and December.
Justices granted the green light to challenge the ban on the basis that Ms Cooper had incorrectly applied her own policy, but refused a bid to challenge the decision based on interference with freedom of speech and freedom of association rights.
After the decision, Ms Ammori referenced the arrests and said: “This further evidences our case that the proscription of Palestine Action has become a vehicle for a far broader crackdown on expressions of solidarity with the Palestinian people.
“This unprecedented attack on free speech and the right to protest in this country is already having a chilling effect at a time when speaking out about Israel’s crimes could not be more urgent.”
Hundreds gathered outside the magistrates’ court where more than 2,000 cases related to supporting the group had been due to be heard on Thursday.
But their cases had been adjourned to October, earlier this week.
Protesters shouting “I oppose genocide, I support Palestine Action” were detained by police, while demonstrators shouted “shame on you” and “under what power?”.
The Metropolitan Police said they had arrested 117 people, adding: “The majority of arrests have been for expressing support for a proscribed organisation.
“Four people have been arrested for encouraging or assisting a criminal offence. Police officers remain at the scene and continue to make arrests.”
Hundreds gathered outside the court (Jordan Pettitt/PA)
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Court officials confirmed that all cases relating to Palestine Action have been adjourned until October 26, to await the outcome of the Supreme Court appeal over the proscription of the group as a terrorism organisation.
Defendants who had travelled from Yorkshire, Wales and Merseyside complained of “chaos”, and told officials they had not been told their hearing was not taking place.
The courts service now faces a bill running to thousands of pounds to compensate the defendants who travelled unnecessarily.
The session on October 26 will also be administrative, rather than a full court hearing, and defendants are being advised to look out for a letter with the date they next need to be in court.
Claire Jeffrey, 52, travelled to court from Edinburgh and said she had not been told her hearing had been adjourned.
She told the Press Association: “Scotland’s a long way. It’s expensive to come here, and we have to rearrange commitments.
“It’s just really frustrating to… be told you’re on a court roll, and then you turn up, and they’re like, ‘No, you’re not’.
“So it’s really discombobulating and frustrating.”
Court officials confirmed that all cases relating to Palestine Action have been adjourned until October 26 (Jordan Pettitt/PA)
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Marji Mansfield, 69, from Chichester, West Sussex, described the confusion around the court process as “very stressful”.
In a letter received from the court, she said she had been told she “must attend” for her first hearing, scheduled for Thursday morning.
But the letter also said: “Please do not attend court on July 30 unless you receive further instructions directly from Westminster Magistrates’ Court.”
Ms Mansfield told PA: “It has been very difficult (managing) normal family life. I have grandchildren, a husband, children.
“It’s been very, very difficult. It’s been stressful. It’s been very expensive coming backwards and forwards, sleepless nights.”
Tim Crosland, co-founder of activist group Defend Our Juries, which organised the protest, said people inside court were being handed flyers informing them cases had been adjourned.
He told PA: “When people have gone into the court… They’ve been handed flyers which say, ‘To whom it may concern, hearings today have been adjourned’.”
The former government lawyer said: “I’ve been connected to the legal system for quite a long time, I have never witnessed anything like that before.”
A woman is detained by police at the protest (Jordan Pettitt/PA)
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He added: “That is not how courts communicate with people on trial.
“This is the clearest indication the system has no way of dealing with that – it is going to be chaos.
“This is falling at the first hurdle.”
Protesters outside court, many dressed in red or wearing a keffiyeh, a patterned material commonly used to show support for Palestine, waved the Palestinian flag and held placards, chanting “free, free Palestine”.
The demonstration was initially designed to replicate a graduation ceremony, where those supporting the pro-Palestinian cause would be given a certificate for “defending fundamental freedoms”.
But this was halted by police when two protesters were arrested in the process of constructing a small platform.
The stage, the certificates and a series of posters were confiscated.
Sue Morhall, 79, who witnessed the arrests, said: “Two of the organisers were just trying to erect a small stage, but as soon as they were unfolding it, the police came along and just took over and arrested them.
More than 2,000 cases related to supporting the proscribed group were to be heard on Thursday (Jordan Pettitt/PA)
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“They were cuffed and lifted off.”
Ms Morhall was one of many pensioners at the protest.
She told PA: “We’re old; if you put us in jail, it’s easier for us.
“Younger people nowadays have such stringent rules against them.
“That’s why a lot of younger people can’t do it, they risk carrying a terrorist-supporter label against their name for life.
“We’re old, a lot of us, so we’ve got to carry the mantle for them.”
A HMCTS spokesperson said: “All defendants were written to in advance to advise them of the changes. We will continue to ensure all parties are kept fully informed about any future dates.”
