New Protest Law Limits Tested
On 14 July 2026, the Supreme Court delivered its judgment in the case of R (Respondent) v Mcafferty and others. This arose after a protest on 8 September 2022, where a protest group called Animal Rising mounted a protest outside the Muller Dairy works near Droitwich. The protest took place on a private road leading to the entrance of the Muller site. Protestors chained themselves to temporary fencing at the site, sat down on the road or stuck themselves with glue to the road. The protest lasted 4 hours and affected only those going in and out of the site, in vehicles. The Court have agreed that they were wrongly charged with an offence under s78)(1)(b)(ii) of the Police Crime Sentencing and Court Act 2022. That particular section is designed to protect “the public at large” rather than those on private road. The Court, in effect, held that the Prosecution were seeking too broad an interpretation of the legislation.
Raj Chada said: “This is a reminder that Prosecution and Courts should be careful when interpreting the new protest related legislation.”
If you are under investigation, facing serious allegations, or involved in a protest or complex case, it is important that you seek specialist advice. Our Criminal Defence team has extensive experience handling sensitive and high-stakes matters, from pre-charge investigations to representation in the Magistrates’, to Supreme and Crown Courts. For confidential advice and support, contact our Criminal Defence team today on 0330 822 3451 or request a callback.