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Scott-Moncrieff consultant solicitor Terence Channer has secured £24,000 in damages for protester Despine Green after a county court ruled that Nottinghamshire Police unlawfully arrested and detained Green without establishing any facts behind the allegation.
In a landmark civil judgment handed down at Mansfield County Court, the arrest of Despine Green during a political protest in Nottingham was found to be unlawful, with the judge criticising police conduct as “oppressive and unconstitutional”.
Green, a 22-year-old protester at the time, had been attending a stall operated by the Revolutionary Communist Group in support of Palestinian self-determination. Following a complaint from a member of the public about alleged antisemitic chanting, officers arrested Green without confirming what had been said or verifying whether any offence had been committed.
Green was handcuffed, detained, fingerprinted, and told a strip search might be necessary, this was despite officers being unaware of any actual words used.
His Honour Judge Owen found the conduct of officers “a really bad, unjustified interference with freedom of speech”. He ruled that arresting officer PC Hawkins had simply accepted the complaint at face value and failed to carry out any basic investigation before making the arrest.
“The essential problem, in my judgment,” said Judge Owen, “is that PC Hawkins simply took and applied the label which had been applied towards the claimant’s alleged conduct (‘antisemitic’) without ascertaining any of the necessary underlying facts … The defendants’ officers acted in an oppressive and unconstitutional manner.”
The court awarded £24,000 in damages to Green, including £15,000 in exemplary damages, this is a rare and significant outcome from the court demonstrating that they take a serious view of the police’s failure.
Green, who is now completing a PhD in Canada, described the experience as frightening and degrading. “This case isn’t just about me,” they said. “It’s about the rights of people to speak out. It’s important that we defend these rights to free speech.”
Represented by Terence Channer of Scott-Moncrieff & Associates and barrister Laurene Veale of Cloisters Chambers, Green brought the claim for false imprisonment, assault, and breach of human rights.
Speaking after the ruling, Mr Channer said:
“This case reinforces the critical importance of due process — particularly when protests relate to politically charged or controversial topics. Arresting someone on the basis of an unverified allegation is simply unlawful. The judge’s words are a clear reminder that freedom of expression must be protected, and police powers must be exercised with care and responsibility.”
The leaflet in question at the protest included the phrase “Zionism is racism”, which Judge Owen ruled was neither racist nor antisemitic under the law. Nottinghamshire Police accepted this analysis during proceedings.
Context: A heightened global and domestic climate
The ruling comes at a time when public protests concerning the Israel Gaza conflict have intensified across the UK and globally. The humanitarian situation in Gaza, coupled with rising tensions in international political discourse, has prompted widespread demonstrations with some attracting scrutiny from law enforcement over allegations of hate speech.
This judgment reinforces the principle that allegations made during politically sensitive protests must be subjected to evidence-based scrutiny. The case serves as a reminder that law enforcement must carefully distinguish between lawful political expression and unlawful conduct and hate speech, especially in an environment where global events can lead to emotionally charged public reactions.
A message for protesters and police alike
The judgment offers reassurance to those engaging in peaceful protest that their rights remain protected under UK law. This result supports that arrests must be based on facts, not assumptions.
Scott-Moncrieff & Associates remains proud to act in defence of civil liberties and to support its consultant solicitors in holding public bodies to account.
Nottinghamshire Police have indicated they intend to appeal the decision.
The case has attracted national media attention, with the Guardian and others reporting on its wider implications for how police approach allegations of antisemitism and political speech at protests.
Nottinghamshire Police have indicated they intend to appeal the decision.
Scott-Moncrieff & Associates remains proud to act in defence of civil liberties and to support its consultant solicitors in holding public bodies to account.
You can read the Guardian article here
