Britain sees political prisoner rise as anti-protest sentences climb

A new trend in England and Wales sees more people jailed for actions tied to climate activism and Palestine solidarity, according to a report by Queen Mary University of London (QMUL) and the group Defend Our Juries. The research highlights a surge in custodial sentences for direct action and civil disobedience, which were once rare. The report, set to launch on Tuesday, identifies 286 cases involving activists sentenced to a combined 136 years in prison. The average detention period was 28 weeks, with one in three jailed for six months or more.

Related: Laws fail to tackle tech abuse

Rising Sentences and Legal Shifts

The study points to an uptick in anti-protest laws, expanded police powers, and civil injunctions used by corporations and public bodies. Judges are also removing legal defenses, leading to longer sentences. Researchers call this a “new breed of political prisoners,” emphasizing that these sentences target specific types of protests. David Whyte, a co-author and climate justice professor at QMUL, said the trend reflects a “profoundly political” response to civil disobedience.

Remand—the pre-trial detention of suspects—has become a key tool, with 60% of final sentences being shorter than the time spent in custody beforehand. The “Filton 24” case exemplifies this, where 24 activists faced up to 18 months in jail before most were bailed. The group was charged over a protest at a Bristol factory linked to an Israeli weapons maker.

Civil Injunctions and Contempt Charges

Contempt of court charges, which don’t require a jury, make up 40% of prison cases. These often stem from breaching civil injunctions, which private companies or public authorities use to block protests. Whyte warned that this blurs the line between civil and criminal law, allowing corporations to indirectly push people into jail. A 2022 injunction by Warwickshire council led to 69 arrests, including those holding signs during a protest at an oil terminal.

The report criticizes the use of injunctions to criminalize actions that are not inherently illegal. Whyte noted that such measures risk turning civil disobedience into a criminal act, undermining legal protections. The judicial system, however, maintains that sentences follow legal guidelines and evidence. A spokesperson for the judiciary said judges act “without fear or favour” and base decisions on law and case specifics.

One in five protesters faced sentences exceeding a year, with some jailed for minor acts like holding placards. The report argues that these measures chill dissent, particularly when protests align with public opinion. The data shows a shift in how legal systems handle activism, raising questions about the balance between free expression and enforcement.