Sir Robert Buckland has slammed the Met Police’s stance on anti-Israel protests, demanding “the police must step in and enforce the law”.
Former Justice Secretary Sir Robert Buckland has criticised those celebrating the attacks on Israel by Hamas and has called for the police to do more.
He even went as far as to add that pro-Hamas protests amount to criminal behvaiour and that police should act with the full force of the law.
Attacks were launched by Hamas against Israel on Saturday during the Jewish festival of Sukkot, and since then Pro-Palestinian groups have been celebrating on the streets of London.
Pro-Palestinian activists assembled outside the boarded-up Israeli embassy in Kensington at the start of the week, shouting “Israel is a terrorist state” and “free Palestine” whilst holding up banners and setting off flares.
In response, former Justice Secretary Sir Robert Buckland MP said: “This activity has no place in our society. Hamas is a prescribed organisation - acts of support and encouragement for them amount to criminal offences.”
More protests are planned across the country today as Britons march in support of Palestine - some have however used the marches to promote Hamas messages.
Section 4 of the Public Order Act states that an individual is guilty of an offence, if they intend to cause a person alarm of distress, and if they use abusive or insulting words and display signs and writing which is threatening and could cause distress.
Section 5 of the Public Order Act states that an individual would be guilty of breaking the law if they use abusive words or display signs that could cause distress within the hearing or sight of a person likely to be caused harassment, alarm, or distress.
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Buckland made it clear, when asked what steps needed to be taken: “We need the police to step in and enforce the law.”
He added: “Even if that isn’t support for Hamas, this crosses the line when it comes to public order offences because it causes grave offence to many”.
Despite calls to enforce the law by the former Justice secretary, the Metropolitan Police acknowledge that they must operate within set guidelines.
In a statement provided to GB News the Metropolitan Police said: “The law on this is very clear, but it is also very specific, and we must act within it.
“What we cannot do is interpret support for the Palestinian cause more broadly as automatically being support for Hamas or any other proscribed group”.
However, Public law barrister Francis Hoar KC went further, arguing that these protests expressing support for proscribed terrorist organisations are also offences under Section 1 of the Counterterrorism and Border Security Act 2019.
He said: “An objective test applies that the expression of an opinion or belief is supportive of an organisation; that the organisation is a proscribed terrorist organisation; and that the person intends or is reckless about the statement encouraging others to support the organisation.
Despite calls to enforce the law by the former Justice secretary, the Metropolitan Police acknowledge that they must operate within set guidelines
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He added: “The question of whether an act or statement glorifies such an organisation is a fact and context specific one. Arguably, waving Palestinian flags immediately after a terrorist attack on civilians is, objectively, not simply to show support for the Palestinian cause but to show support for Hamas in particular.”
Mr Hoar KC noted that the ECHR would play a role in any courts thinking whilst considering a conviction.
“The court would be obliged to consider whether a conviction for this offence was a disproportionate interference with a defendant’s right to freedom of expression under Article 10 of the ECHR.”
In a letter to Chief Constables the Home Secretary Suella Braverman said that Hamas is a prescribed terrorist organisation in the U.K. and that she expected them to use the full force of the law against displays of support for Hamas.
In her letter the Home Secretary said: “It is a criminal offence to belong to Hamas or to invite support for Hamas.”
GB News has reached out to the Palestine Solidarity Campaign for comment, but no response has been provided.
