Just Stop Oil marchers 'not obstructing highway', say police

'They're not doing anything wrong - they're not obstructing the highway, it's still moving. It could potentially [go on indefinitely]' 

Police officers walking alongside the Just Stop Oil protesters in the middle of the road said there was nothing they could do because the group were not obstructing the highway.

The eco activists were back protesting in London on Wednesday morning, and again - like Monday - walked slowly in front of traffic in the capital.

It appears the new tactic has left the police unable to lawfully arrest protesters after Commander Karen Findlay vowed over the weekend to "arrive quickly, deal with the situation efficiently, remove and arrest activists as appropriate and return things to normal as soon as possible".

But officers were again criticised for not taking swift action, with police seen walking alongside activists at Barbican and Highbury Corner, just as they had done on the Strand on Monday. 

One officer said: "They're not doing anything wrong at the minute - they're not obstructing the highway, it's still moving. It could potentially [go on indefinitely]."

Another officer, asked why they're not arresting the protesters, said: "They're walking down the highway and we're facilitating them." 

The decision on whether a protest is deemed unlawful hinges on if it causes "serious disruption". 

This assessment is made by a number of organisations including the Metropolitan Police, the local council, Transport for London and the emergency services.

In October, this decision was taken almost as soon as a protester sat down to block a street, but the moving barricade appears to be buying the group more time.

Pedestrians began shouting at police for not arresting members of the group. 

Questioned by a pedestrian as to why he's not arresting protesters, a third police officer said: "They're not blocking the highway - they're moving. If this group stop, that's a different thing but they're moving." 

A fourth police officer told The Telegraph: "By moving you're just on a protest, on a March, effectively. Unless they stop, they're not breaking the law. The problem is the traffic can get past when the opportunity arises - it's a proper grey area." 

A Met Police spokesman said: "Everybody has a right to protest, but they do not have a right to commit crime whilst doing so, or to disproportionately impact others.

"We are alert to the new Just Stop Oil tactics and will move quickly to intervene where serious disruption is being caused.

"During yesterday’s small event, there was a small amount of disruption to already very slow moving traffic.

"No arrests were made.

"We will continue to monitor this closely and develop our response to effectively balance people rights and keep London moving."

According to the legislation, obstructing the highway happens if a person, without lawful authority or excuse, in any way willfully obstructs the free passage along a highway.