In a recent Law Society Journal article, our Civil Solicitor, Patrick Latham, and Criminal Solicitor, Tim Raynor, shared their unique insights into the critical role of activist legal support in Australia. The article, titled: ‘What is activist legal support?’
As protests for climate action and social justice grow, so do laws imposing severe restrictions on these movements. For example, fines, restrictive bail conditions, and even jail time for non-violent activists. Tim Raynor and Patrick Latham’s observations highlight how these regulations go beyond maintaining public order, ultimately restricting freedoms essential to a democratic society.
Why Activist Legal Support Matters
With a rise in activism around urgent issues like climate change and racial justice, the need for specialised legal support for activists has become crucial. However, legal support for activists isn’t only about representing people in court. It’s also about:
- Guiding them through their rights,
- Preparing them for potential encounters with law enforcement,
- and ensuring that the justice system treats them fairly.
Legal support provides a framework for people to advocate for change within the law, empowering them to make their voices heard without fear of undue punishment.
Patrick Latham explained that the recent amendments on protest laws:
“Seem to have been directed towards climate change protesters – including Extinction Rebellion and Rising Tide seemingly in focus.”
Timothy Raynor has defended multiple protestors. Raynor explains:
“Protest is a really important mechanism for change, and a lot of people who have protested have ended up on the right side of history, with the classic example being the suffragettes.”
Current anti-protest laws discourage public participation in advocacy. Additionally, severe penalties now attached to minor acts of civil disobedience act as a deterrent, making people think twice about speaking out. For many activists, this deterrent effect goes directly against their right to peaceful assembly, a fundamental right in any democratic society.
Timothy Raynor states:
“Often present, and they have a long history of participating at protests. They don’ t have many legal protections as members of associations. Under international human rights law, they have protections, but under NSW law, they have regrettably few protections and local courts in NSW don’t recognise legal observers. When activists are charged, they have to rely on either poor police investigation or good criminal defence.”
Anti-Protest Laws: Deterrent or Disproportionate Punishment?
In New South Wales, recent anti-protest laws mean that activists face increasingly harsh penalties, even for peaceful protest actions. Fines, potential jail time, and heavy restrictions can be imposed for acts like blocking roads or other minor disruptions. The stated purpose of these laws is to protect public order. However, many believe they go too far, punishing peaceful activists as if they posed a serious threat to safety.
The punishments don’t fit the actions. These laws send a clear message to potential protesters: expressing your views can come at a high cost. This has a chilling effect, where people feel forced to choose between advocating for change and avoiding the risk of financial penalties or legal consequences. These measures, he argues, are unfair, as they often target peaceful demonstrators whose primary goal is to raise awareness, not to disrupt society.
Timothy Raynor explains the consequences of being arrested at a protest:
“It can have far reaching lifelong consequences. Even if someone is acquitted of a minor criminal offence, or an infringement fine-only offence, you may have to disclose that to a future employer – especially in legal or accounting workplaces. You could also be limited to where you can travel overseas for a period of time.”
“Organisations are really good in that they do have plans in place – safety and risk management plans – to indicate what they can and can’t do, and what to do should police do something. The benefit of those plans, despite courts not recognising legal observers in Australia, is that those safety management plans can be tendered in courts to defend against police claiming there’s a reckless disregard for safety.”
F1 form for holding activist
An F1 form is required before a police officer holds an activist in custody. Patrick Latham explained:
“In practical terms, Form 1 is a good idea. Police may approve the submission or negotiate changes before they can take it to court and challenge it. Police then have the obligation to take it to court if they can’t negotiate changes.”
Activist legal support: Restrictive Bail Conditions for Activists
One of the most troubling aspects of these anti-protest laws is the restrictive bail conditions imposed on those arrested during protests. Activists, unlike others who may be arrested for minor offenses, often face exceptionally strict conditions after their release. In some cases, they’re restricted from visiting certain locations, associating with particular groups, or even returning to protest sites.
These conditions can make daily life incredibly challenging for activists. It’s an undue form of punishment. These bail restrictions treat activists as if they were guilty before trial. For example, an activist might be barred from attending future protests or associating with fellow campaigners, effectively silencing their ability to participate in public advocacy.
Also, breaching these bail conditions can lead to further penalties, escalating a minor incident into a serious legal issue. For activists facing multiple charges due to repeated protests, this creates a cycle of penalties that prevent them from exercising their rights fully. It also means that minor acts of disobedience can lead to much larger consequences, all under the guise of protecting public order.
Police Targeting Peaceful Protesters
Current anti-protest laws don’t necessarily differentiate between peaceful and disruptive protesters, which is a significant issue. Under the new restrictions, peaceful activists are subject to the same harsh penalties as those causing major disturbances. This lack of nuance is counterproductive to fostering a fair democratic environment.
The impact of this is particularly notable in the climate movement, where most activists engage in peaceful protests aimed at raising awareness. Treating these activists the same as those engaging in violent demonstrations undermines the spirit of free expression.
The Role of Lawyers in Supporting Activists
For lawyers working in activist legal support, providing aid means much more than court representation. It involves offering guidance before, during, and after protests to help clients understand their rights, potential legal risks, and how to respond to police or legal challenges. In many cases, having access to legal counsel gives activists the confidence to continue their advocacy without fearing excessive repercussions.
By standing up for activists, lawyers protect more than just their clients—they’re defending the right of all individuals to participate in public discourse. The legal profession plays an essential role in maintaining the balance between government authority and individual rights. Without this legal support, activists might feel too intimidated to participate in movements for change, weakening democracy by stifling voices that represent important social issues.
Why Activist Legal Support is Essential
Lawyers like Patrick Latham and Timothy Raynor stand as defenders of democratic principles, ensuring that activists are not unfairly targeted or silenced by legal threats. By upholding these rights, our team work to protect the freedoms of expression and assembly that are essential in any democratic society.
As anti-protest laws grow, our dedication to defending activists stands as a testament to the importance of legal advocacy in preserving the right to peaceful protest for all Australians.
Need a Civil Lawyer for Activist Legal Support?
If you or someone you know needs activist legal support, speak to our civil and criminal lawyers today. To get in touch, please call (02) 9261 4281, or email . In some cases, we can help arrange a free, confidential consultation for you.*
Read our other successful Criminal Case Studies and Civil Case Studies.
