The UK Government’s decision to proscribe Palestine Action as a terrorist organisation means anyone who expresses public support for the organisation is liable for arrest.

Under s.12 of the Terrorism Act 2000, anyone who invites support for or expresses an opinion or belief that is supportive of a proscribed organisation (including moral support or approval) can be arrested and potentially charged.

Section 13 of the Act makes it an offence to wear clothing or carry/display articles in public in circumstances as to arouse a reasonable suspicion that the individual is a member or supporter of a proscribed organisation.

On 7 August this year – just over a month after the 5th July proscription – Counter Terrorism Policing reported that a total of 220 individuals had been arrested on suspicion of offences under ss. 12 and 13 in relation to Palestine Action.

On 6 September a further 857 people were arrested under the Act at a demonstration in support of Palestine Action.

At the time of writing, none of these people have been convicted of any offence, although some have been charged. Even if no convictions follow, these arrests may have serious consequences.

While it is still too early to predict all the potential effects of an arrest for supporting Palestine Action, civil liberties solicitor Stefano Ruis here sketches out some of the legal ramifications.

How will an arrest for supporting Palestine Action be recorded?

As with any arrest, data about it can be held on both the Police National Computer (PNC) and on the local police force’s database for an indefinite period.

The consequences may be significant and could impact on an individual’s ability to work and travel.

Whilst it is possible to challenge the continued retention of arrest information, this is not straightforward. Each case will be fact-specific and anyone seeking to have arrest data deleted in circumstances where no charges are brought should seek legal advice.

How might an arrest for supporting Palestine Action impact my ability to travel to the US?

Anyone seeking to enter the United States under its ESTA scheme is required confirm whether they have been arrested for (or convicted of) a crime involving “moral turpitude” (CIMT).

Although the precise definition of CIMT is beyond the scope of this blog, it is said to include depravity, dishonesty and/or a violation of basic duties owed to society.

It is conceivable that CIMT could extend to an arrest under terrorism legislation, regardless of whether any criminal charge is subsequently brought.

The ESTA form also asks the applicant to declare whether or not they seek to engage in – or have previously engaged in – “terrorist activities”. As such, an arrest for supporting Palestine Action (whether charges are brought or not), may require advice from a US immigration specialist, should the individual seek to travel to America.

How might an arrest for supporting Palestine Action impact my ability to travel to EU countries?

UK nationals do not, at the time of writing, need permission to travel to the EU. However, this is set to change in the last quarter of 2026 when the European Travel Information and Authorisation Scheme is due to come into force. From then, UK nationals will need travel authorisation before entry.

It is currently anticipated that applicants to the ETIAS scheme will only be required to disclose convictions for serious offences within the last 10 years (or 20 years for convictions related to terrorism).

If this remains the case, then anyone arrested (but not convicted) on suspicion of supporting Palestine Action will not need to declare this fact to travel into the EU.

However, the precise contours of how the ETIAS scheme will impact UK citizens are not yet settled. There appears to be some uncertainty, and much will depend on how individual EU states interpret the rules.

Anyone arrested for supporting Palestine Action is advised to keep a close eye on the ETIAS regulations when the scheme comes into force and to seek legal advice, if required.

Could an arrest for supporting Palestine Action show up on an enhanced DBS certificate?

An enhanced DBS check is normally required where an individual is either employed or seeking work in the child and/or the vulnerable adult workforce.

Unlike a standard DBS certificate, an enhanced certificate can contain details non-conviction information, such as an arrest, but only where it can be shown that this may be relevant to the position in question and ought to be disclosed.

This could include information about an arrest, even if it resulted in no further action. However, defining precisely what non-conviction information may be relevant will be fact specific.

It is possible to challenge the disclosure of non-conviction information on an enhanced DBS check. Anyone considering this should seek expert legal advice.