The Scottish Human Rights Commission has published an open letter to the Crown Office and Procurator Fiscal Service and Police Scotland, regarding the policing of peaceful protests.
Scotland’s prosecution service recognises the fundamental right of people to protest within legal boundaries. COPFS is committed to upholding the rule of law and respecting human rights in all our decisions.
The Lord Advocate has responded on behalf of COPFS and her letter is published here.
Policing of Pro-Palestine Protests and Human Rights
Dear Professor O’Hagan,
Thank you for your letter about the policing of pro-Palestine protests and the associated human rights concerns.
As Scotland's national human rights institution, the Scottish Human Rights Commission plays a valuable role in promoting the enjoyment of human rights across the criminal justice system. I hope to reassure you that we share much common ground.
I recognise the fundamental right of people to protest within legal boundaries.
I agree it is imperative that the right to peaceful protest, as guaranteed by articles 9, 10 and 11 of the European Convention on Human Rights, is upheld. Any interference must of course be justified, proportionate and in accordance with the law.
I am committed to upholding the rule of law and respecting human rights in all our decisions.
I acknowledge the sensitivities surrounding the proscription of 'Palestine Action' under the Terrorism Act 2000, which came into effect on 5 July 2025.
You will appreciate, of course, that prosecutors apply legislation as determined by elected parliamentarians. This includes the proscription of terrorist organisations.
You may be aware that I have issued guidance to Police Scotland on the arrest and liberation of individuals involved in protest. These guidelines, which are publicly available on the COPFS website, make clear that “The right to peacefully protest is protected by law and it is anticipated that peaceful protest will be facilitated by any police response.”
When any incident occurs during a protest, police officers will assess the circumstances, identify whether an offence has been committed and if there is sufficient corroborated evidence to justify action, officers may select from a range of responses, ranging from advice and warnings, to submitting a report to the Procurator Fiscal. You may also be aware of the Lord Advocate's guidelines on the use of the police direct measures for adult offenders which seek to enable the police to take a proportionate response to less serious offending.
Cases involving “Palestine Action” reported to the Procurator Fiscal will be considered by a specialist prosecutor, overseen by senior prosecutors. The prosecutor will carefully examine whether there is sufficient evidence and determine what action, if any, should be taken in the public interest. This process ensures that all cases are handled fairly, regardless of the nature or cause of the protest. The rule of law would be undermined if police and prosecutors applied the criminal law inconsistently according to the cause of the protest.
As is always the case, Scotland's prosecutors operate independently of any other person or political consideration.
Further information on the balancing exercise which prosecutors carry out in Scotland is available in the Prosecution Code.
I appreciate the commitment of the Scottish Human Rights Commission to promoting human rights and ensuring that decisions surrounding the policing of protests, arrests, and prosecutions take due account of relevant human rights standards.
Thank you for your attention to this matter.
Yours sincerely,
The Right Honourable Dorothy Bain KC
Lord Advocate