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Scottish government must not allow peaceful protesters to be prosecuted, campaigners say
Campaigners take part in a Defend Our Juries protest outside Queen Elizabeth House, Edinburgh, November 18, 2025

THE Scottish government must make good on its legal challenge against the British government and pledge “not to allow peaceful protesters to be prosecuted” after it was stalled, campaigners said today.

The call came from Defend Our Juries after the Scottish government’s legal challenge against the British government’s decision to add Palestine Action to the list of proscribed organisations under anti-terrorist legislation was put on hold.

An intervention by the Advocate General for Scotland — on behalf of the British government — led to Lord Young at the Court of Session in Edinburgh granting a “sist” — a pause — until similar challenges underway elsewhere in Britain are concluded to avoid constitutional tensions which could arise from differing judgements.

The pause however leaves 24 people charged under terrorism legislation in Scotland for holding signs reading “I OPPOSE GENOCIDE. I SUPPORT PALESTINE ACTION” and 16 people are facing similar charges for wearing T-Shirts reading “GENOCIDE IN PALESTINE, TIME TO TAKE ACTION” in legal limbo.

The decision also leaves the position of Police Scotland unclear, with the law remaining in place while the Scottish government — holding devolved responsibility for policing — opposes the law that their police have shown increasing reluctance to enforce.

Police Scotland has — despite Holyrood votes in solidarity with Gaza — in the past rigorously enforced the law with the use of covert surveillance and even drones at rallies.

But Defend Our Juries has noted a recent change in approach, observing a de-escalation of enforcement of the Palestine Action ban and an action at the Crown Office on April 29 going unpoliced altogether.

Now activists have called on the Scottish government to “act with clarity and independence from Westminster” and join calls for charges against peaceful protesters to be dropped.

A Defend Our Juries in Scotland spokesperson said: “Scotland’s courts had already found this case worthy of hearing. 

“Today that was overturned — not on legal grounds, but on political ones, at Westminster’s insistence. 

“If Holyrood’s declarations on genocide and boycott mean anything at all, the Scottish government must now make clear it will not allow peaceful protesters to be prosecuted under counter-terrorism laws it has the moral authority to challenge.”

The Scottish government declined to comment on live legal proceedings.

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