The Home Office has decided to continue its appeal against a high court ruling over a law that has seen hundreds of people criminalised for peaceful protests, a human rights group has claimed.
Liberty accused the government on Wednesday of showing a “disregard for the rule of law” with its decision.
The group won a legal challenge against the Home Office in May over protest regulations passed by statutory instrument last year under the then home secretary, Suella Braverman.
The measures, which two judges found to be unlawful, lowered the threshold for what is considered “serious disruption” to community life from “significant” and “prolonged” to “more than minor”.
The Home Office, now overseen by the new home secretary, Yvette Cooper, paused its plans to appeal against the ruling in July. At the time Liberty said it was hopeful of being able to “find a resolution in the case”.
But on Wednesday night, the group said that the government had decided to continue with its appeal after talks to resolve the dispute failed.
Akiko Hart, Liberty’s director, said: “We are very disappointed that, despite a positive discussion about the impact of the unlawful regulation, the home secretary has taken the decision to continue this case.
“This legislation is undemocratic, unconstitutional and unacceptable.”
She added: “The Home Office’s decision to continue the case shows disregard for the rule of law and completely goes against previous statements from the government just last month that they would not abuse the use of secondary legislation and that they would promote high standards of governance.
“With hundreds of people wrongfully arrested and convicted due to this unlawful legislation already, it is not right to continue to carry on with this law that should never have been made in the first place.
“The only right thing to do would be to quash this legislation once and for all.”
In their judgment in May, Lord Justice Green and Mr Justice Kerr ruled that the Home Office acted unlawfully by introducing the regulations, concluding that “‘serious’ does not include ‘more than minor’” and that the department failed to carry out a fair consultation process.
The quashing of the measures was suspended pending an appeal. A hearing planned for last month was adjourned so talks between Liberty and the Home Office could take place.
Liberty said that the appeal was now scheduled to be held later this year, with a date to be confirmed.
The Home Office has been approached for comment.
