Originally published March 15 2011

LONDON’S METROPOLITAN police force was last week accused of needlessly criminalising students who took part in the protests against student fees at the end of last year by a firm of London solicitors.

Hodge Jones & Allen, who specialise in protest litigation and who are representing a “significant number” of students arrested during the protests, have made the claim as over 100 protestors potentially face a criminal record.

The Met issued 26 cautions for aggravated trespass after the November 10 protest against the rise in tuition fees. Aggravated trespass consists of trespassing on open land and intimidating or causing a disturbance, and a caution for it would be logged on a criminal record. Around 150 people who were arrested at the tuition fees protests are still waiting on a police decision and could be given a caution.

Hodge Jones & Allen claim that the Met are “criminalising students for exercising their right to protest”, and that students with a caution would be put off from protesting in the future as re-offending would lead to more stringent punishment, such as being charged with an offence.

The firm has also pointed out the career risks of a caution, highlighting the fact that professions such as teaching, law and medicine require applicants to disclose cautions and that this might have a negative effect for the student within the job market.

Ruth Hamann, one of the firm’s criminal lawyers, told The Guardian, “While aggravated trespass might not be the sort of offence that would automatically make a person ineligible for a job, it may encourage an employer to favour another candidate over the candidate with a caution.”

Looking ahead to the planned protest organised by the Trade Union Congress (TUC) against UK government cuts on March 26, the firm said that more arrests were likely. The TUC and Scotland Yard however have said they are working together to ensure that the protests remain peaceful.

In reply to the accusations, a Met spokesman said, “To be cautioned, you have to admit the offence. We would not normally release someone who had admitted an offence without any action. We would, of course, follow any national guidelines on how to deal with young offenders.”