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The UK government has recently announced significant changes to its visa application services, which will impact applicants both inside and outside the UK. At Aman Solicitors, we are dedicated to helping our clients navigate these changes smoothly and with confidence.

What’s Changing?

The UK Visas and Immigration (UKVI) department operates its visa application centres in the UK and overseas through commercial partners. Currently, the government is transitioning from one commercial partner to another, which may affect your visa application process.

For many applicants, this means that while you may start your visa application with one commercial partner, you might finish it with another. Here’s what you need to know about these upcoming changes.

Visa Applications Outside the UK

Between September 2024 and January 2025, several UK visa application centres will change operators. The commercial provider responsible for managing visa applications in certain regions will switch from TLScontact to VFS Global.

As of 3 October 2024, the visa application centre in Belgium is already being managed by VFS Global. Additional changes will follow:

• From 22 October 2024, VFS Global will manage visa centres in locations across Africa, Europe, the Middle East, and Central Asia, including Ghana, Kenya, South Africa, and more.
• From 5 November 2024, more centres in countries such as France, Turkey, Ukraine, and Israel will transition to VFS Global.

While these changes may alter the service provider for visa applications, it’s important to note that this will not affect the decision-making process or the time it takes to receive a decision.

If your application is impacted by these changes, you will receive email notifications from both TLScontact and VFS Global. If you’ve already booked an appointment with TLScontact, attend it as planned.

Visa Applications Inside the UK

For applications made within the UK, the commercial partner responsible for UK Visa and Citizenship Application Services will change on 15 October 2024 from Sopra Steria to TLScontact.

• If you have already booked an appointment before this date, you do not need to take any additional action.
• All appointments after 15 October will be managed by TLScontact.

Again, this change will not impact the outcome of your application, the timeframe for receiving a decision, or the availability of appointments.

How Aman Solicitors Can Help

We understand that changes in the visa application process can be confusing and stressful. At Aman Solicitors, we’re here to guide you through every step of your UK visa journey. Whether you’re applying from overseas or within the UK, our team of immigration law experts is ready to assist with any questions you may have and ensure your application is handled efficiently.

If you need support or advice on these changes or help with your visa application, contact us today:

📞 020 8507 7737
🌐 Visit Aman Solicitors

Don’t let these changes cause unnecessary worry—let our experienced team make your visa application process smooth and stress-free.

In recent years, the United Kingdom has become a top destination for international students seeking high-quality education. With its prestigious universities and diverse cultural environment, it’s no wonder that students from around the world aspire to study here. However, the dream of studying in the UK has been increasingly overshadowed by harsh immigration rules that make it more challenging for international students to gain entry and remain in the country.

Stricter Visa Requirements

One of the most significant hurdles for international students is the increasingly strict visa requirements. The UK government has introduced tighter controls on student visas, making the application process more complex and time-consuming. Students must provide extensive documentation to prove their financial stability, academic qualifications, and English language proficiency. Additionally, the maintenance requirement, which demands that students have a certain amount of money in their bank accounts for a specified period before applying, has become a significant barrier for many.

Post-Study Work Opportunities: A Shrinking Window

The post-study work opportunities that once made the UK an attractive option for international students have also been curtailed. While the Graduate Route allows students to stay and work in the UK for up to two years after completing their degree (three years for PhD graduates), there are concerns about the limited scope and duration of this route. For many students, particularly those from non-EU countries, the two-year period is insufficient to secure long-term employment and transition to a skilled worker visa.

Impact of Recent Policy Changes

Recent policy changes have further tightened the noose around international students. In 2021, the UK government introduced new rules aimed at reducing net migration, which included restrictions on bringing dependents, working hours during study, and access to public funds. These changes have disproportionately affected students from countries like India, Nigeria, and Pakistan, where family support and part-time work are often essential to fund their education abroad.

Challenges Faced by Students

The stringent immigration rules have created several challenges for international students, including:

1. Financial Strain: The high cost of living in the UK, coupled with the need to prove substantial financial resources, places a significant burden on students from middle- and lower-income countries.
2. Uncertainty: The ever-changing immigration policies create uncertainty for students planning their future. The fear of policy changes during their stay can make it difficult for students to plan their studies and career pathways effectively.
3. Limited Work Opportunities: The restrictions on work hours during study and the uncertainty around post-study work opportunities make it harder for students to gain valuable work experience, which is crucial for securing employment in the UK.

Conclusion: Navigating the Complexities

While the UK remains a popular destination for international students, the harsh immigration rules present significant challenges. For those determined to study in the UK, understanding these rules and seeking professional legal advice is crucial. At Aman Solicitors, we offer practical, down-to-earth legal guidance to help students and their families navigate the complexities of UK immigration law. Whether you need assistance with visa applications, compliance with immigration regulations, or exploring post-study work options, our expert team is here to support you every step of the way.

For more information on how we can help, visit amansolicitors.co.uk.

The sale of buy-to-let properties and second homes in Britain has surged by 34% over the past six years, highlighting the increasing financial pressures on landlords.

A recent analysis by Savills, the estate agency, using official data on capital gains tax (CGT) receipts for residential homes, provides insight into this trend. The analysis revealed that sales of second homes and buy-to-let properties—liable for CGT, unlike primary residences—averaged 129,000 per year in the three years leading up to April 2021. In the following three years, this figure rose to an average of 190,000 per year.

These transactions now represent one in six of all property disposals, a significant increase from one in 15 during the 2013-14 period.

Lucian Cook, head of residential research at Savills, attributed this rise to factors such as higher stamp duty for landlords, the reduction of higher-rate tax relief on mortgage interest, and the anticipated abolition of “no-fault” evictions. “Clearly, we’ve seen more financial and regulatory pressure on private landlords, leading to increased sales in this market over the past three years,” Cook noted.

Savills’ estimates were based on the latest indicative monthly data and historical annual figures.

Landlords are increasingly anxious about potential changes to CGT under a Labour government, fearing much higher tax bills if they sell. Landlord Mick Wright, who owns two buy-to-let properties, decided to sell both homes in March, prompted by Labour’s strong polling performance. Selling both properties within the same tax year resulted in a higher CGT bill, but Wright explained, “[we] expected that a Labour government would somehow increase the tax burden on buy-to-lets.”

The Royal Institution of Chartered Surveyors recently reported that new instructions from landlords have declined, suggesting a deteriorating flow of rental market listings.

The majority of landlord sales are concentrated in London and southeast England. During the first quarter of 2024, two-fifths of these sales occurred in London, which is a major rental market hub. According to property site Zoopla, London accounts for 20% of Great Britain’s private rented homes.

Richard Donnell, Zoopla’s research director, noted that rising mortgage costs mean higher-rate taxpayers can now only borrow 50% of a property’s value in London, compared to higher borrowing capacity in other parts of the UK, where gross yields are better. “The prospect of further changes to taxation may also be a factor, and long-term owners of residential property in London are sitting on some of the biggest capital gains that they may want to crystallize for various reasons,” he said.

Although Labour has not detailed any specific plans for CGT reform in its manifesto, it has not ruled out changes. The party has pledged not to increase income tax, national insurance, or VAT, making CGT a likely target for reform.

If CGT rates were aligned with income tax, basic-rate taxpayers would see their rate rise from 18% to 20%, while higher-rate taxpayers could face a steep increase from 24% to 40%. After allowances, this change could mean an additional £6,200 on the higher-rate bill, with an overall boost of £1.2 billion to the Treasury, according to Savills.

Cook described this scenario as probable, stating, “Historically, capital gains tax has been paid at the marginal rate of income tax. It’s likely the most obvious option available to the current government if they want to raise more revenue from CGT.”

Savills found that sellers of investment properties and second homes paid an average of £12,300 in tax per sale over the past three years, resulting in an effective tax rate of 24% after personal allowances. This suggests that 39% of these sellers were subject to the lower 18% CGT rate.

Like Wright, other landlords may choose to sell now to avoid potential future tax hikes. Cook added, “In the short term, we may see more selling activity as people try to get ahead of a possible CGT rise. With the Budget on October 30, those looking to sell will need to act quickly.”

If you are facing a property issue, lease issue, or dispute, feel free to contact Aman Solicitors today.

2024 promises to be a pivotal year for family law in the UK, with several significant legislative amendments and consultations set to conclude. These changes are poised to impact various aspects of family law, influencing the lives of many individuals dealing with family-related legal issues. As we embark on the new year, let’s explore the key changes on the horizon and what they might mean for family law in 2024.

Financial Remedies Court Reporting Pilot

The drive for greater transparency in the Family Court continues in 2024 with the introduction of the Financial Remedies Court (FRC) reporting pilot. This initiative, starting on January 29th, will allow accredited journalists and bloggers to report on financial remedies proceedings. These proceedings cover financial issues arising from divorce, civil partnership dissolution, and financial support for children.

The pilot will be conducted in three trial courts: the Central Family Court, Birmingham, and Leeds. While this move aims to increase understanding and scrutiny of the family law system, it is important to note that certain hearings, such as Financial Dispute Resolution, will remain confidential to protect the privacy of those involved.

Proposed Amendment to Victims and Prisoners Bill Affecting Parental Responsibility

In January 2024, the Ministry of Justice will advance the proposed amendment to the Victims and Prisoners Bill. This amendment, announced in 2022, seeks to automatically remove parental responsibility from parents convicted of the murder or voluntary manslaughter of their co-parent.

The push for this legislation arose following the tragic case of Jade Ward, who was murdered by her partner in 2021. Her family has since campaigned for changes in the law to ensure that convicted offenders cannot seek information about their children or make key decisions in their lives. The Ministry of Justice has confirmed that there will be exemptions for cases involving domestic abuse.

Possible Outline of Future Financial Remedies Reform

The Law Commission of England and Wales launched a comprehensive review of financial remedy orders in 2023. This review aims to assess the effectiveness of current laws governing the division of finances post-divorce or civil partnership dissolution, as outlined in the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.

Key areas under review include the discretionary powers of judges, the extension of powers for orders involving children over 18, pension-related orders, and the structure of post-divorce financial payments. The findings, expected in a scoping report in September 2024, could pave the way for significant reforms in financial remedies legislation.

Family Court Fees to Rise

The UK Government has completed a consultation aimed at increasing court fees by up to 10% in 2024. This move is intended to generate additional revenue to ensure the courts remain adequately resourced and accessible to all who seek justice.

In 2022/23, court fees generated £727 million of the total £2.3 billion cost to run His Majesty’s Courts and Tribunals Service (HMCTS), with the rest funded by taxpayers. The proposed fee increase is expected to generate up to £42 million annually, helping to keep pace with rising costs, improve service delivery, subsidize free services, and reduce the overall burden on taxpayers.

Some key family court fee increases include:

• Application for a parental order: from £232 to £255
• Application/permission to apply for adoption: from £183 to £201
• Application for a financial order (other than consent order): from £275 to £303

Resolving Family Matters Out of Court

In 2024, there will be continued emphasis on resolving family disputes outside the court system. Following last year’s consultation on ‘Supporting earlier resolution of private family law arrangements,’ we may see the introduction of mandatory mediation for suitable low-level family court cases. This measure aims to divert disputes away from overburdened courts and protect children from the effects of prolonged and contentious legal battles.

By encouraging parties to seek resolution through mediation, the government hopes to foster a more amicable environment for resolving family disputes and reduce the emotional and financial strain on those involved.

As these developments unfold, 2024 stands to be a transformative year for family law in the UK. Each legislative change and new initiative will shape the landscape of family law, offering new avenues for justice and support for those navigating family legal matters. Stay tuned as we continue to monitor and report on these significant changes throughout the year.

The UK’s new government has made a significant promise to “promote a positive work-life balance for all workers” and prevent homes from becoming 24/7 offices. The increasing risk of “always on” working has grown since the pandemic, with technology making it easy for work to encroach into personal time. The introduction of a right to disconnect is aimed at addressing these concerns and improving overall well-being.

The Problem of Being “Always On”

With the advent of remote working, the boundaries between work and personal life have blurred. A review of data from 183 countries has shown that long working hours significantly increase the risk of heart disease and stroke. Moreover, the mental health implications of extended working hours are becoming increasingly evident. Sick workforces can lead to decreased productivity, making it crucial to address this issue.

Traditionally, working days involved traveling to a workplace for a set number of hours, after which employees could disconnect and recharge. However, with the rise of remote work, people are finding it harder to escape work-related tasks. The phenomenon known as “presence bleed” highlights the expectation that workers should always be contactable.

The Shift to Remote and Hybrid Work

During the pandemic, the percentage of the UK workforce working mainly from home jumped from 6% to 43%. Although this figure has decreased to around 14%, about a quarter of workers now engage in hybrid working. These workers often enjoy more autonomy and report higher productivity at home due to fewer distractions. Additionally, remote work has facilitated greater inclusivity for individuals with caregiving responsibilities or health restrictions.

However, these benefits come at a cost. Remote workers often find themselves working longer hours and are more likely to engage in work-related activities outside of traditional working hours. This constant connectivity can interfere with personal life, especially when workspaces overlap with living areas. Younger workers and those early in their careers may find it particularly challenging to set boundaries, leading to potential exploitation.

The Right to Disconnect

To combat the negative effects of being “always on,” several European countries have adopted legislation granting workers the right to disconnect. This includes measures such as prohibiting work-related communications after certain hours or during holidays, except in emergencies, and avoiding scheduling meetings outside core hours.

Belgium, Ireland, and Italy implemented right-to-disconnect laws before the pandemic, while countries like Spain, Portugal, and Australia have followed suit. However, the approaches vary, and some models have gaps and weaknesses. For instance, Belgium’s law requires adherence to a general framework, giving companies flexibility in implementation. In the UK, business leaders have expressed concerns about the potential impact of such legislation, fearing it could lead to legal disputes.

Challenges and Considerations

Legislation around the right to disconnect often includes exceptions for certain sectors, such as aviation and medicine, and may exclude smaller employers. In the UK, small- and medium-sized enterprises (SMEs) make up more than 61% of employment, so it is crucial to design protections inclusively to cover a large portion of the workforce.

Moreover, if sanctions for non-compliance are weak, the legislation could be ineffective. While some employers have embraced flexible working practices, reluctant organizations may need legislative push to protect employees adequately. The policy language should also encompass a broader range of workers, including those in the gig economy, who face longer working hours and unpaid overtime.

Moving Forward

To ensure the right to disconnect is effective and meaningful, the government needs to carefully consider these issues as it translates its pre-election promises into action. Addressing the nuances and potential loopholes will be essential in promoting a healthy work-life balance and protecting workers from the pressures of constant connectivity.

As the new government focuses on these reforms, it is vital for employers and employees to stay informed and engaged in the process. By working together, they can create a more sustainable and balanced work environment for everyone.

In the recent “Speech from the Throne” delivered at the State Opening of Parliament, the King unveiled the government’s latest legislative priorities, focusing heavily on border security and the asylum and immigration system. The new Border Security, Asylum, and Immigration Bill is set to introduce significant changes aimed at enhancing the security of the UK’s borders, modernizing the asylum process, and tackling organized immigration crime.

Key Features of the Border Security, Asylum, and Immigration Bill

The King’s Speech outlined a comprehensive approach to addressing the challenges facing the UK’s border security and asylum system. The accompanying briefing notes provide further details on the Bill’s objectives and provisions:

Establishing the Border Security Command

A major element of the Bill is the creation of a new Border Security Command. This entity will be equipped with enhanced counter-terrorism powers, aiming to tackle the ongoing crisis of small boats crossing the Channel. The Border Security Command will focus on:

• Criminal People Smugglers: Bringing to justice those responsible for smuggling migrants and exacerbating the small boats crisis.
• Organized Immigration Crime: Addressing criminal gangs that exploit migrants and contribute to organized crime in the immigration sector.
• Asylum Backlog: Clearing the backlog of asylum applications, ending the use of hotel accommodation, and increasing the efficiency of returns for individuals from safe countries.

Modernizing the Asylum System

The Bill promises a major overhaul of the asylum system, which is currently criticized for inefficiencies and high costs. Key reforms include:

• Enhanced Powers for Law Enforcement: Granting the Border Security Command and other law enforcement agencies the necessary tools to combat organized immigration crime. This includes leveraging counter-terrorism powers for investigations and enforcement actions.
• Stronger Penalties: Introducing tougher penalties for those involved in organized immigration crime, including preparatory and precursor offenses related to migrant smuggling.
• Ending Hotel Use: Implementing measures to eliminate the need for hotel accommodation by efficiently processing asylum claims and addressing the asylum backlog.
• Migration and Economic Development Partnership: Redirecting funds from the failed partnership with Rwanda, which has not achieved its intended goals, into the Border Security Command to improve border security.

Expected Impact and Implementation

The Border Security, Asylum, and Immigration Bill will extend across the UK and is expected to bring about several key changes:

• Cost Savings: Withdrawing from the Migration and Economic Development Partnership with Rwanda will save over £100 million in future payments, in addition to tens of millions of pounds saved from relocation costs.
• Addressing Backlog: The Bill aims to resolve the backlog of asylum claims that has led to increased costs for asylum support, including the costly use of hotels.
• Improving Efficiency: By streamlining the asylum process and ensuring faster returns for those from safe countries, the Bill seeks to make the system more effective and reduce financial burdens.

Timeline and Next Steps

The new parliamentary session, running until July 2025, will see the Border Security, Asylum, and Immigration Bill introduced and debated in Parliament. While the exact timeline for implementation is uncertain, the focus will be on rapidly addressing the current inefficiencies and security challenges.

Preparing for the Changes

For businesses and organizations involved in immigration and border security, it is crucial to stay informed about the forthcoming legislative changes. Key areas to monitor include:

• Compliance: Ensure that policies and procedures are aligned with the new legal requirements once the Bill is enacted.
• Training: Prepare staff for potential changes in procedures and enforcement practices.
• Resource Allocation: Adjust resources and budgets to accommodate the anticipated changes in immigration and asylum management.

Conclusion

The King’s Speech has set the stage for significant reforms in border security and the asylum system. The Border Security, Asylum, and Immigration Bill represents a major effort to address current challenges and modernize the UK’s approach to immigration. As the legislative process unfolds, staying abreast of developments and preparing for the changes will be essential for effective adaptation.

For further updates and guidance on how these changes might impact you or your organization, feel free to reach out to us. We are here to help navigate these new legislative developments and ensure a smooth transition.

The King has recently delivered his “Speech from the Throne” at the State Opening of Parliament, outlining the new government’s key aims for the year ahead, including proposed legislation. As part of this agenda, the Labour government is prioritizing employment law reform, as evidenced by the mention of two new employment Bills.

While the King’s Speech itself did not delve into the specifics of Labour’s proposals, the government’s accompanying background briefing notes (Briefing Notes) provide further insights. In this article, we will explore: (i) the key reforms highlighted in the King’s Speech and the Briefing Notes, (ii) the expected timeline for these reforms, and (iii) steps employers can take to prepare for these changes.

Key Employment Law Reforms

Employment Rights Bill

The Briefing Notes indicate that the Employment Rights Bill will apply to Great Britain and will be introduced within the first 100 days of the new government. It is described as representing “the biggest upgrade to workers’ rights in a generation” and aims to deliver on Labour’s “Plan to Make Work Pay.” Key points from the Plan, which may be included in the Bill, are:

• Banning Exploitative Zero Hours Contracts: Ensuring workers have contracts reflecting their regular working hours and reasonable notice for shift changes, with compensation for cancelled shifts.
• Ending ‘Fire and Re-hire’ Practices: Reforming the law to provide effective remedies and replacing the existing statutory code of conduct.
• Day-One Rights for Workers: Making parental leave, sick pay, and protection from unfair dismissal available from day one, while maintaining probationary periods.
• Strengthening Statutory Sick Pay: Removing the lower earnings limit and the waiting period.
• Flexible Working from Day One: Making flexible working the default and requiring employers to accommodate it as far as reasonable.
• Protecting Women Post-Maternity Leave: Making it unlawful to dismiss a woman for six months after returning to work, except in specific circumstances.
• Single Enforcement Body: Establishing a Fair Work Agency to strengthen enforcement of workplace rights.
• Fair Pay Agreement in Adult Social Care: Establishing fair pay and conditions in the adult social care sector, with potential expansion to other sectors.
• Trade Union Legislation Updates: Removing unnecessary restrictions on trade union activity and promoting good faith negotiation.
• Simplified Statutory Recognition Process: Ensuring workers and union members have a reasonable right to access a union within workplaces.

Draft Equality (Race and Disability) Bill

The draft Equality Bill aims to address inequality for ethnic minorities and disabled people by:

• Equal Pay Rights: Enshrining the full right to equal pay for ethnic minorities and disabled people in law.
• Mandatory Pay Reporting: Introducing mandatory ethnicity and disability pay reporting for larger employers (those with 250+ employees) to help close pay gaps.

Additionally, Labour commits to delivering a “genuine living wage” and removing existing age categories for the minimum wage, without requiring separate legislation. Reforms to the apprenticeship levy and the establishment of Skills England are also on the agenda.

When Are the Reforms Likely to Become Law?

Changes to the national minimum wage, such as altering the remit of the Low Pay Commission, could take effect as early as April 2025. However, the Employment Rights Bill and the Equality Bill will need to be drafted, debated, and approved by Parliament. Given Labour’s significant majority, these bills are expected to pass relatively smoothly, but secondary legislation and updated codes of practice will be required, potentially delaying implementation.

Extensive consultation with trade unions and businesses is anticipated, aligning with Labour’s commitment to collaborative policymaking. This consultation process may further delay the enactment of certain measures.

What Steps Can Employers Take to Prepare?

While no immediate action is required, employers should stay informed about the proposed changes. Key recommendations include:

• Monitoring Developments: Keep an eye on updates regarding the specific details of the reforms.
• Reviewing Equality Data: Start collecting and analyzing equality data to prepare for potential mandatory reporting.
• Updating HR Systems and Policies: Anticipate changes to employment law and ensure policies and procedures are up-to-date.
• Training Managers: Prepare managers for new employment law requirements, such as day-one unfair dismissal rights and fair dismissal procedures.
• Considering Union Representation: Assess the potential impact of increased trade union activity and statutory recognition on your organization.

We will keep you updated on further key developments. In the meantime, please contact us if you have any questions or queries about how the proposals in the King’s Speech might impact you as an employer.

More than 3000 employees from 60 organisations will participate in a six-month coordinated trial of a four-day work week in the United Kingdom, making it the world’s largest pilot plant for a reduced work week to date.

From June to December 2022, the trial, organised by 4 Day Week Global in corporation with think tank Autonomy and the 4 Day Week UK Campaign, would see all 60 organisations – including several IT firms – embrace a shorter working week with no pay loss.

Throughout the UK experiment, researchers from Cambridge University, Oxford University, and Boston College will collaborate with participating organisations to assess the effects of working four days in various areas, including employee productivity and welfare, the environment, and gender equality.

Managers and executives are increasingly adopting a new work paradigm that emphasises the quality of outputs rather than the number of hours worked. Workers have different expectations about what makes a healthy work-life balance due to the epidemic.

Deeply ingrained societal and cultural conventions can often be dislodged only by a major disruptor. Following the Covid-19 induced flexible operational revolution, this is what we’re witnessing with the typical five-day work week. Those who believe we can go back to the way things were 2 years back are dreaming — the four-day week is an idea that has finally come to fruition.

Stemettes, a social venture that assists girls and young women pursue professions in science, technology, engineering, and mathematics, is one of the tech-related firms participating in the study (STEM).

Because of the vast array of digital tools available, the IT industry, in particular, is well-positioned to gain from a four-day week, according to Imafidon. Working a four-day work week will only be conceivable for them because of our tech-savvy [workers] and our use of digital tools, and the way we can automate some tasks or create certain processes.

According to Kemp, the four-day week also allowed staff to operate more “restricted and concentrated”. It forces us to create specific objectives and guarantee that they are met within a more constrained time frame and set of actions. We’ve gotten much more diligent in assessing outcomes than just the number of hours done.

We hope for more happiness, work satisfaction, and a stress reduction – more time for relaxation is vital [and should mean] less burnout. You need to give your brain a break the same way you need to give your body a break.

We’re wondering if this will also help us contribute and bring more creativity into the team, more invention, and more space for learning, development, and growth – all of which will enable us to achieve more with less.

The 4 Day Week Campaign’s accreditation programme has now approved 78 organisations in the UK, including Autonomy. Formedix, a supplier of clinical trial software tool that automates the end-to-end clinical trial design and construction process for pharmaceutical companies, is one of these companies.

The corporation sent anonymous questionnaires to its employees to measure their reactions following the experiment. 100% of the employees indicated they wanted the four-day workweek to be permanent, and 89 per cent said it raised their job satisfaction, which is tremendous, and 94 per cent said it improved their work-life balance.

Amid concerns over the arrests of anti-monarchy protesters at events related to the ascension to the throne of Prince Charles III after the death of the Queen, Haroon Siddique from The Guardian explains the law on the right to protest.

What is the current law on the right to protest?

Everyone has the right to peaceful protest. While there is no specific right in law, it is enshrined in the rights to freedom of expression and freedom of assembly, protected respectively under articles 10 and 11 of the European convention on human rights, which was directly incorporated into domestic British law by the Human Rights Act.

Limitations to the right to protest in England and Wales were set out in the Public Order Act 1986 and this year in the Police, Crime, Sentencing and Courts Act (PCSC). There is also a common law offence of breach of the peace, and an offence of the same name exists separately in Scotland, where it is also a statutory offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010. Northern Ireland has its own legislation governing protests – the Public Order (Northern Ireland) Order 1987, which includes conditions that can be imposed on public processions.

On what grounds have protesters been arrested and what punishment could they face?

Symon Hill, 45, was arrested in Oxford on Sunday on suspicion of behaviour likely to cause harassment, alarm or distress under section 5 of the Public Order Act 1986. The offence carries a maximum penalty of a £1,000 fine, but Hill – who said he was detained after shouting: “Who elected him?” about Charles – was de-arrested before leaving the police station.

A 22-year-old woman who was arrested in Edinburgh, holding a sign saying: “Fuck imperialism, abolish monarchy”, has been charged with breach of the peace. A man was arrested for the same offence on Monday after he was seen shouting at the procession accompanying the Queen’s coffin up the Royal Mile in Edinburgh. The woman who was charged is to appear in the sheriff court, where there is a maximum sentence of 12 months in jail and/or a £5,000 fine or, in vary rare cases prosecuted by indictment, five years imprisonment and/or a £5,000 fine.

Has the law on restrictions to protest become stricter?

In England and Wales the law was made stricter by the PCSC Act. The bill that preceded the act was criticised by civil liberties campaigners, parliament’s human rights committee, charities, academics, and two former home secretaries for being oppressive. While some concessions were made in the House of Lords following criticism, it was eventually passed. The most controversial elements with respect to protest were the widening of the police’s ability to place conditions on protests, including if they think they are too noisy.

The new act has been criticised for weakening the right to protest, and while it was not cited by the police in the above instances, Hill said that Thames Valley police initially said he had been arrested under the PCSC Act, before releasing a statement saying he was detained under the Public Order Act.

The government is now seeking to give police in England and Wales more powers to curb peaceful but disruptive protests though the public order bill, which has also been criticised.

Is there any other relevant legislation?

The Treason Felony Act 1848 appears to still be in effect, which means, technically, anyone calling for the abolition of the monarchy could be convicted of a criminal offence punishable by life imprisonment. In reality, it has not been deployed in a prosecution since 1879, and given that a YouGov poll earlier this year found that 22% of people in the UK support abolishing the monarchy, that is probably good news for the beleaguered prison system.

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Going to court can be traumatic for anyone. But if you’re a victim of domestic abuse, imagine how it must feel not only to face your alleged abuser across a courtroom, but to be cross-examined by them.

Aside from pursuing a criminal case, many domestic abuse victims must also suffer through civil and family proceedings involving their abuser – for example when making arrangements for their children.

For over 20 years, judges in criminal courts have been able to use special measures to stop defendants from cross-examining vulnerable victims.

But victims in the civil and family courts haven’t had the same protection. And in the worst cases, our courts are being weaponised by domestic abusers, who use proceedings to carry on tormenting their victims.

The situation was even described as a ‘stain on the reputation of our family justice system’ by one judge.

Law Society Gazette is determined to put an end to this practice – to protect victims, ease their trauma, and make sure they get a fair hearing.

They are bringing in important new protections to prevent alleged perpetrators and their victims from cross-examining each other, in specific circumstances, in family and civil proceedings.

Instead, courts will be able to appoint legal professionals to carry out cross-examination.

They estimate that around 8,000 cases a year are likely to need court-appointed lawyers – a significant opportunity for Law Society Gazette readers to apply their considerable advocacy and vulnerable witness cross-examination skills.

We want to encourage anyone with this expertise and vulnerable witness and advocacy training – whether barristers, solicitors, or legal executives – to apply for registration.

You will need to register directly with the Ministry of Justice as a ‘Qualified Legal Representative’ before a court can appoint you. But once registered, you will be able to take on work that is flexible and suits your existing commitments, paid for from a central fund.

This is just one part of a wider package of measures that are designed to protect domestic abuse victims.

Under the Domestic Abuse Act, Law Society Gazette introduced the first statutory definition to make clear that domestic abuse isn’t just physical violence – it can mean emotional, coercive and controlling, and economic abuse.

And through the Domestic Abuse Plan, we are investing heavily in tackling this devastating crime – that includes over £140 million for supporting victims and over £81 million for tackling perpetrators. 

They’re also increasing the number of Independent Sexual and Domestic Violence Advisors by 300, to over 1000 by 2024/25 – a 43% increase over the next three years – providing specialist support for victims as they navigate the criminal justice system.

These are important changes that will make a real difference for victims – helping to keep them safe from their abuser and supporting them to get the best outcomes from the justice system, so they aren’t bullied into arrangements that are unfair and unjust.

If you’d like to find out more about how to become a Qualified Legal Representative and to register, then please take a look at this website.

If you are going through a divorce or any other family law matter, you should strongly consider contacting our expert solicitors on 0121 328 4455.

*By Tom Pursglove, Justice Minister