Is it illegal in the UK to protest against the monarchy during period of mourning for Queen Elizabeth II and state funeral?

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SADNESS and grief have spread across the UK after the passing of Queen Elizabeth II.

She died at Balmoral Castle last Thursday, at the age of 96.

Her state funeral is next Monday, with King Charles III declaring a bank holiday so people can commemorate Her Majesty and mourn her passing.

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A procession of the Queen’s coffin was lead by the new monarch in Edinburgh yesterday, leading from the Palace of Holyroodhouse to nearby St Giles' Cathedral.

Anti-Royalist protesters hold up blank placards in a demonstration against the way their protests are being policed, in Edinburgh, today following the death of Queen Elizabeth II on September 8. Picture: Louisa Gouliamaki / AFP via Getty Images.Anti-Royalist protesters hold up blank placards in a demonstration against the way their protests are being policed, in Edinburgh, today following the death of Queen Elizabeth II on September 8. Picture: Louisa Gouliamaki / AFP via Getty Images.
Anti-Royalist protesters hold up blank placards in a demonstration against the way their protests are being policed, in Edinburgh, today following the death of Queen Elizabeth II on September 8. Picture: Louisa Gouliamaki / AFP via Getty Images.
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Since the passing of the late Queen, many people have shown pro-republican sentiment during the period of mourning.

Some protestors have held placards while others have taken even more drastic action, with police even making arrests.

Here is what the law says amid recent events:

Britain's King Charles III, center, and other members of the royal family hold a vigil at the coffin of Queen Elizabeth II at St Giles' Cathedral, Edinburgh, Scotland,  Monday Sept. 12, 2022. (Jane Barlow/Pool via AP)Britain's King Charles III, center, and other members of the royal family hold a vigil at the coffin of Queen Elizabeth II at St Giles' Cathedral, Edinburgh, Scotland,  Monday Sept. 12, 2022. (Jane Barlow/Pool via AP)
Britain's King Charles III, center, and other members of the royal family hold a vigil at the coffin of Queen Elizabeth II at St Giles' Cathedral, Edinburgh, Scotland, Monday Sept. 12, 2022. (Jane Barlow/Pool via AP)

What arrests have been made so far?

A woman was arrested and charged after an incident at the Accession Proclamation of King Charles III in Edinburgh on Sunday.

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Police Scotland said the 22-year-old is due to appear at Edinburgh Sheriff Court at a later date.

As reported in the Daily Record, a demonstrator appeared in the crowd opposite the Mercat Cross, holding a placard denouncing imperialism and stating ‘abolish monarchy’.

One person shouted: ‘Let her go, it’s free speech,’ while others yelled: ‘Have some respect.’

Hecklers were heard booing during the event.

Another man has also been arrested and charged in connection to breach of the peace during the Queen's procession.

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A 22-year-old was detained after the Duke of York, Prince Andrew, was abused as he walked behind his mother’s coffin.

Social media videos showed a man shouting at Andrew before bystanders pulled him to the ground.

The man was released by police on an undertaking to appear at Edinburgh Sheriff Court at a later date.

A third man Symon Hill, 45, got accosted by police after shouting ‘who elected him?’ during the events proclaiming the accession to the throne of King Charles III.

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The history tutor told The Guardian: ‘I don’t think I’ve ever seen anyone arrested on such threadbare grounds, let alone experienced it myself.

‘I didn’t in any meaningful sense disrupt the ceremony.’

Thames Valley police said a 45-year-old man was arrested ‘in connection with a disturbance that was caused during the county proclamation ceremony of King Charles III in Oxford’, and was later ‘de-arrested’.

The man was arrested under section 5 of the Public Order Act 1986 – referring to behaviour deemed likely to cause harassment, alarm or distress.

Has anything else happened?

Paul Powlesland, 36, a barrister and nature rights activist from Barking in east London, said he was warned by police he would be arrested if he wrote ‘not my king’ on a placard.

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He travelled to London yesterday afternoon with ‘a blank piece of paper’, and recorded part of a conversation where an officer suggested he would be detained if he wrote down the phrase.

The video went viral on social media, and was viewed 700,000 times in four hours.

He said: ‘I went down there because I’ve been increasingly concerned by people who are just, you know, exercising rights to freedom of speech, being either arrested or threatened with arrest by the police.

‘An officer came up to me and began that conversation effectively asking for my details and then saying, if you write ‘not my King’ on it, then we may well arrest you for public order offences, being offensive.’

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A protester bearing a hand-made sign saying ‘not my king’ was also ushered away from the Palace of Westminster by police.

The incident happened as the King was due to arrive for his address to MPs and peers in Westminster Hall yesterday morning.

The woman was spoken to by police before being escorted away from the entrance to the Palace by a group of officers.

Police response – is it illegal to protest against the monarchy?

The Metropolitan Police issued a statement saying people ‘absolutely have a right to protest’ against the monarchy this week, following several incidents.

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Referring to the viral video, deputy assistant commissioner Stuart Cundy said: ‘We’re aware of a video online showing an officer speaking with a member of the public outside the Palace of Westminster earlier today.

‘The public absolutely have a right of protest and we have been making this clear to all officers involved in the extraordinary policing operation currently in place and we will continue do so.

‘However, the overwhelming majority of interactions between officers and public at this time have been positive as people have come to the capital to mourn the loss of Her Late Majesty the Queen.’

What is a disturbance of the peace charge?

Under Scottish law, someone can be charged with a public order offence of breaching the peace if their behaviour is deemed disorderly and could have a negative effect on those who witness it such as swearing or shouting.

Section 5 of the Public Order Act 1986 is used in England and Wales.