The Students’ Association supports your right to protest peacefully on issues that are important to you, whether they are specific to St Andrews, or have national or international implications. The following section outlines:
- Protest laws in Scotland and the UK,
- Steps to take when organising an action in St Andrews
- Keeping yourself and others safe
When might a protest be useful?
Under Article 11 of the European Convention on Human Rights (ECHR), enshrined in the Human Rights Act 1998, everyone has the right to freedom of peaceful assembly – in other words, the right to protest. Protests are a common tool used to draw public attention to a campaign cause, and bring people together in a show of solidarity. You may consider organising a protest in response to urgent issues, for example in response to current global and political events, or to show solidarity with broader movements taking place around the world.
Types of protest
Protests can be static, where demonstrators gather at a designated spot, or moving, where demonstrators march or hold a procession in public space.
Previous protests at St Andrews have included:
- St Andrews Campaign for Affordable Student Housing
- Reclaim the Night
- Line in the Sand for Climate Change
To learn more about the right to protest and the history of protest in the UK, follow this link to Amnesty International UK’s information page.
Protesting on University property
If you want to hold your protest on University property or in partnership with the University, you should contact [email protected]. They will link in the relevant University departments (Communications, Events, Estates, Security + Response team, and possibly the Chaplaincy if the demonstration will take place in St Salvator's Quad). They may get back to you to organise a meeting with you/your group to discuss the specifics of your event and what support you may require. Ideally you should get in touch with as much notice before the protest as possible, however there is often flexibility for protests in response to current events and developing situations.
You will need to complete a Union risk assessment if you are part of a Union student group (subcommittee or society). If in doubt as to whether you should submit a University or Union risk assessment, email [email protected] or the RBS contact you’ve been given and they can advise. If you have already submitted a Union General Risk Assessment but didn’t include the protest, you can submit a Supplemental Risk Assessment. You must submit your completed risk assessment at least 2 weeks before your protest, by emailing [email protected]. However, there is flexibility on this if you are organising a vigil in response to current events. If this is the case, explain this in your initial email, and if possible go to the Union building at St Mary’s Place to speak to the Building Manager, in person. If you anticipate your protest may have more than 100 attendees, you will need to fill out a Union Major Events Checklist, and likewise submit it to [email protected].
Where you are having a march/procession, you should have volunteer marshals along the route wearing hi-vis jackets so they can be easily seen. They will guide people along the correct and safe route (especially when crossing roads). You can reach out to Security & Response to borrow hi-vis jackets ([email protected]), which you must return.
Please refer to the next section where your protest will include a march through town, occur on public property, and/or require road closures.
Protesting on public property in Scotland
The following information has been taken and summarised from the Scottish Community & Activist Legal Project.
When you are organising a static protest (i.e. where you stay in one spot and do not move), you do not legally need to inform anyone. When you are planning a march/procession, you should give the local council at least 28 days’ notice (the appropriate local council will likely have a form on their website with the information you need). You may be able to get a waiver for the 28 day notice if the march is a response to urgent events. Fife Council have a form to apply for road closures which you need to submit by email). The Council might not give consent for or may restrict your protest march/procession in some way (changing the date, time, or length of your event). The senior Police Officer at the march/procession might limit it in some way if they think it might cause serious public disorder, negatively affect community life, or if it’s intimidatory. Static protests may be limited in location, number of people who can assemble together, and length of time. You should meet any conditions set, as it is an offence to breach them. If you are organising a march or protest, you need to be mindful of legal implications for you as an organiser and people attending your event.
Police, Police Liaison Officers, and private security are likely to attend protests. When interacting with the Police at protests, there are a few things to be aware of:
- You legally only have to give your name, address, date and place of birth and nationality when:
- The police ‘reasonably’ suspect you’ve either committed or witnessed a crime of any description. You should give your correct details – lying or failing to give details can be an offence. You do not need to give any further information than what is listed above
- You have been arrested
- You are stopped when driving or riding a motorbike
- You can respond with ‘No comment’ to any question from the Police, except when it pertains to giving the details listed above
- Masks or disguises are not illegal and the Police cannot remove them. However, where the Police expect violence, they can engage in stop and search (Section 60 Order). This means that Police can stop anyone within a specific geographical area for up to 24hrs, and search you or your vehicle for weapons, whether they suspect you of violence or intent to violence or not. When there is a Section 60 in place, the Police can ask you to remove anything which may disguise you. You can be prosecuted if you refuse to remove such items (i.e. masks).
Legal observers watch police behaviour at protests to check that police and security are acting lawfully, and they provide support to activists (they’ll be wearing high-vis jackets so you can spot them). They can support you with legal questions, and might hand out bust cards, which have contact details for solicitors and other legal support that’s been made available should you require it.
Further resources:
Protesting in the rest of the UK
The law around protest differs in England, Wales, and Northern Ireland, so if you intend to protest outside of Scotland, please read this section closely. The following information has been taken from the Green & Black Cross website.
Planning a protest
Where you are having a static demonstration (staying in one place), you are not legally obligated to tell the Police of your intentions. If you are planning a march (i.e. moving from one place to another), you do have a legal obligation to tell the Police (though many people choose not to). Legally, with a march, you must write to the Police 6 days in advance. If you are holding a spontaneous or very short notice march, you do not need to tell the Police.
If you do tell the Police about your protest, they may instruct you to change your route or make other restrictions under Section 12 or 14 of the Public Order Act (1986).
You should ensure that you distribute Bustcards to attendees, which provide information and advice in the event of stop & search and arrest.
Attending a protest
When engaging with the Police or others at a protest, there are some things to be aware of:
- You can say “No comment” to any police question. If you are arrested, you can say “No comment” to all questions. You may decide to prepare a short interview statement with a solicitor, and say “No comment” to any subsequent questions. You may wish to give your name and address when at the custody desk of the police station after you have been arrested as this may speed up your release. For more information about giving details to the Police, see this page from Green & Black Cross.
- In the event of a stop & search, you do not have to give out personal details or details about the protest
- Do not accept a duty solicitor if you are arrested, as they may not have protest specific experience. Bustcards from Green & Black Cross often have details of recommended firms (but check by location).
- If protesting on private property, you may be engaging in some form of civil or criminal offence depending on the situation. Please refer to Green & Black Cross for more information
Advice Now have a guide to the Police, Crime, Sentencing & Courts Act (2022) and the Public Order Act (2023) which are relevant to protests in England & Wales.
Green & Black Cross offer free Know Your Rights and Legal Observer training which you may find useful.
Banners/placards
While there are no laws or rules specific to banners/placards, there are some things to consider:
- You must not use hate speech or slurs on your signs as this constitutes a hate crime for which you may be prosecuted.
- Give very careful thought before using violent images on your placard, as they may be triggering or unsettling to people protesting alongside you, or onlookers.
- Make them out of suitable materials so you can recycle them afterwards.
- When creating your banners/placards, you could make it a group craftivism project (see our Craftivism section for more ideas).
Protesting as an international student
International students, international residents of the UK, and international travellers have their right to protest protected by articles 10 (freedom of expression) and 11 (freedom of peaceful assembly) of the European Convention on Human Rights (incorporated into UK-wide law by Human Rights Act 1998), the same as British nationals. Limitations to these rights must be prescribed in law and be justified as necessary and proportionate. For more information on protest laws in Scotland and safety information for non-UK nationals engaging in protest, the following guides produced by the Scottish Activist Legal Project and Citizens Advice are useful resources:
Safety considerations
- Bring water and snacks to stay fuelled and hydrated
- Take medication with you
- Dress for the weather
- Look after each other – choose a meeting point if you get split up on a march
- Know your rights (SCALP for Scotland, and Green & Black Cross for the rest of the UK). You could also consider training from these organisations if you’d like more information
- Refer to SCALP’s guide on Police Tactics so you know what you could expect at larger protests
- Carry a bust card for larger protests
- Know who the designated Police Liaison for the demonstrators is (if one has been appointed) if attending a larger protest (not to be confused with Police Liaison Officers).
- Consider what risks you are willing or not willing to take
- See SCALP’s Disabled Activist Guide for information specific to disabled activists
- Be mindful of the emotional impact it may have on you. Consider taking space afterwards, or reach out for support where you need it.