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Jurist UK environmental protesters given probation conditions designed for serious offenders

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Dadparvar

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Nov 11, 2016
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Reports published Friday revealed that environmental protesters in the United Kingdom were released from prison under “licence conditions” designed for terrorist or extremist criminal offenders, raising concerns about the sentencing proportionality and expressive freedom.

Under UK law, individuals released before completing their sentences remain “under licence,” meaning they must comply with behavioral restrictions determined by probation authorities. Restrictions can include limits on association, employment, and attendance at public gatherings. The HM Prison and Probation Service Licence Conditions Policy Framework, issued by the Ministry of Justice, allows authorities to place additional release conditions on individuals who exhibit risks associated with serious crimes.

Observers warn that the same measures are now being applied to peaceful environmental activists, who are upon release are prohibited from working for politically affiliated organizations or meeting with other campaigners.

The Parole Board’s guidance requires all licence conditions to be necessary and proportionate to the risks posed by the offender. Earlier government policy, including Prison Service Instruction 34/2011, created a distinct category of “extremism-related licence conditions” intended for ideologically motivated or violent offenders. The extension of these powers to non-violent protesters reflects a significant change in how post-release supervision is applied.

The development coincides with broader expansions of protest control under the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023, which increased police authority to impose restrictions on demonstrations deemed to be disruptive. Civil groups, such as Liberty, have cautioned that these powers may risk criminalizing peaceful activism and enable disproportionate state interference in protest activities.

International and internal institutions have expressed similar concerns. A January 2024 UN Special Rapporteur report criticized the UK’s policing of environmental activism, and a High Court decision early this year found parts of the new protest regulations unlawful for exceeding ministerial authority.

The Ministry of Justice, which oversees probation and parole policy, describes licence conditions in its official guidance as a mechanism for managing risk and supporting public protection within the criminal justice system. The department has not issued any public statement addressing the application of these measures to environmental protesters

Recent judicial rulings, including a May Court of Appeal decision that struck down parts of the Public Order Act 2023, have raised questions about the legality of expanded police powers, particularly in light of recent protest crackdowns. A June House of Commons Library briefing noted that counter-extremism frameworks—such as enhanced digital monitoring and association bans—are increasingly integrated into probation and prison management.

Parolees were released after being incarcerated for protests with advocacy group Just Stop Oil. The protests reportedly incorporated staging demonstrations at Manchester airport and included one protester’s plan to glue themselves to the airport taxiway.

The post UK environmental protesters given probation conditions designed for serious offenders appeared first on JURIST - News.

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