What happens to Palestine Action now its ban has been ruled unlawful?

The ban is not yet quashed, and if permission to appeal is granted it could be months before the issue is resolved

The home secretary’s decision to ban Palestine Action under anti-terrorism laws has been ruled unlawful by three senior high court judges. Where does this leave the direct action group, its supporters and the government’s attempts to combat it?

What did the judges find?

The three judges, led by the president of the king’s bench division, Dame Victoria Sharp, found that the decision to ban Palestine Action was unlawful on two grounds. Those grounds were that it was a “very significant interference” with the right to freedom of speech and freedom of assembly and that it was a breach of the home secretary’s own policy on proscription, which requires ministers to take into account factors including the nature and scale of the organisation’s activities, and the specific threat it poses to the UK.

Does this mean the ban has been quashed?

The ban has not been quashed yet. In Sharp’s judgment, she said: “Subject to any further representations on relief, we propose to make an order quashing the home secretary’s decision to proscribe Palestine Action.” In court, she clarified there would need to be submissions from both parties as to whether or not the proscription order should remain in place pending any appeal by the home secretary. Shabana Mahmood has indicated that she will appeal and her lawyers will undoubtedly wish the ban to remain in place pending an appeal (if permission is granted) but the co-founder of Palestine Action, Huda Ammori, who brought the successful challenge, urged the government “to respect the court’s decision and bring this injustice to an end without further delay”.

Where does this leave those who have been arrested or imprisoned?

According to Defend Our Juries, which organised protests defying the ban at which people have held placards saying “I oppose genocide, I support Palestine”, 2,787 people have been arrested under the Terrorism Act since proscription came into effect on 5 July. They were mainly for holding such signs, although there have also been arrests of people wearing T-shirts allegedly supporting Palestine Action. More than 500 of those arrested have been charged.

If the proscription order were quashed it would naturally follow that there should be no charges based upon it but the fact it remains in place for the time being, as well as Mahmood’s plan to appeal, leaves them in limbo. While there have been plea hearings of those charged (with all of those appearing so far pleading not guilty), the chief magistrate, Paul Goldspring, was deliberately awaiting the outcome of the judicial review before deciding whether to proceed with trials.

Although there are people in jail awaiting trial accused of taking part in Palestine Action activities – including those who went on hunger strike partly as a protest against the ban – they all occurred before proscription and so they are charged with offences under the existing criminal laws rather than the Terrorism Act. No one has been charged with being a member of Palestine Action or accused of taking part in actions as part of the group since it was banned under the Terrorism Act.

Is it no longer illegal to show support for Palestine Action?

Until the order is actually quashed, it remains an offence to be a member of, or show support for, Palestine Action, punishable by up to 14 years in prison. It will only be when – or if – the order is quashed that it will no longer be an offence.

If the home secretary is granted permission to appeal and the order is not quashed in the meantime, then it could be many months before the issue is resolved.

The Met police said it would stop arresting people immediately for showing support for Palestine Action after the high court ruling but would gather evidence for potential future prosecution.

What does this mean for the government’s attempts to stop Palestine Action?

Subject to a successful appeal, it leaves its policy in tatters. If the order is quashed, Palestine Action will be able to exist as a legal organisation again and resume actions targeting Elbit Systems UK and other organisations it says are complicit in the genocide of Palestinians.

If they break the law during those actions, its members will be subject to the criminal law as they always have been – a point stressed by the judges – but merely being a member of the group will not be a crime in itself, just like being a member of Extinction Rebellion or Just Stop Oil is not a crime.

The high court defeat will be particularly galling for the government, coming just nine days after a jury did not convict six Palestine Action activists involved in a break-in at an Elbit arms factory near Bristol on a single charge. They were acquitted on some charges and the jury could not reach agreement on others after the defendants argued that they acted to prevent the slaughter of Palestinians.