The right to peaceful protest is a crucial part of political life. The British have a long tradition of exercising this, from the Peasants Revolt, the Tolpuddle martyrs and Suffragettes through to anti-war protests and campaigns against animal abuse.
When the Human Rights Act was passed, the future looked bright. It enshrined important unwritten rights into statute, particularly Article 10 (Freedom of Expression) and Article 11 (Freedom of Assembly and Association).
However, since then, increasingly draconian legislation has been passed to negate public fear of a terrorist attack. This is sometimes used in ways not originally envisaged by Parliament.
A classic example is the Stop and Search powers under Section 44 of the Terrorism Act 2000. Before this provision, the police could only stop and search individuals if they had reasonable grounds and certain criteria were met.
The police can now stop and search anyone in a specific geographical area. These powers must not be used for reasons unconnected with terrorism, yet were invoked against protestors travelling to anti-war protests at RAF Fairborn, arms fair protestors in Docklands and the anticapitalist protest on May Day in London.
The Anti-Social Behaviour Act was a civil measure designed to reduce antisocial behaviour. An Anti-Social Behaviour Order (ASBO) can be sought by police, a local authority or prosecution lawyers on conviction of a related offence. There is no need for live witnesses to attend or for witnesses identity to be divulged, and hearsay evidence can be used. The burden of proof is lower than for criminal offences. All this makes obtaining an ASBO easier. Breaching an ASBO is a criminal offence and can result in imprisonment.
This legislation has been used against protestors.
In January, our firm acted for three animal rights activists who were prosecuted for aggravated trespass after protesting peacefully on the roof of an animal research laboratory. The defendants were found not guilty, but the prosecution had sought an ASBO, as well as court penalty, if conviction ensued. The conditions they sought included not entering the street where the laboratory was situated.
It has also been used by the police to widen powers of arrest. An example is the arrest of an individual who is acting in an apparently anti-social manner. The police can ask for the persons details and, if refused, can arrest.
One client was arrested for holding a placard outside an animal research lab (the anti-social act!). She was asked for her details, said she was leaving, yet was arrested anyway.
Clients performing a piece of street theatre, (portraying an Israeli military check point, outside the Caterpillar HQ in Birmingham) were asked for names and addresses for participating in an anti-social act. When they queried this, the whole group were arrested.
During subsequent court proceedings, to prevent further protests the individuals were threatened with ASBOs. However, this case was ultimately dropped and the group are seeking advice on suing the police.
The Government now intends to pass the Serious Organised Crime and Police Bill containing a proposal to make all offences arrestable.
Police currently have limited powers of arrest for key minor offences which are often invoked against protestors, eg. obstructing a police officer and disorderly conduct. People are often summonsed but, under the new Bill, they would be arrested and taken to a police station. These individuals would lose their liberty and the State would gain information on them, through the fingerprints, photos and DNA taken.
Part 4 of this Bill contains a power to arrest demonstrators outside someones home (Home Visits) so the police would no longer have to give directions, including warnings to leave the area.
The Bill creates a new criminal offence of trespass on a designated site on grounds of national security. National security is not defined, which risks the new offence being used against protestors, effectively criminalising the law of trespass by the back door.
There are also somewhat ludicrous proposals on protesting outside Parliament. A senior police officer will have the power to remove someone if they are spoiling the view1!
The Bill also widens ASBOs, allowing unaccountable public or private bodies to seek them against individuals. Companies like Huntingdon Life Sciences, which currently use civil proceedings to obtain injunctions, may well prefer this cheaper, simpler option.
After significant pressure from commercial interests, economic sabotage will also become a criminal offence. This is clearly aimed at animal rights protestors, after the Montpellier Group pulled out of the contract to build the new animal research laboratory at Oxford University, and after successful campaigns against businesses involved in, and linked to, animal experimentation. Such protestors are increasingly being branded as domestic terrorists.
The police will also be able to monitor individuals e-mails to gather evidence. Whilst this is aimed at perceived extremists, it will inevitably make further inroads into the right to protest and civil liberties.
Despite parliaments intentions, this new sort of legislation undermines the right to protest, criminalises new sections of society and extends information held by the State on individuals. Maybe the future for protestors is not so bright after all.
Note:
1 Since this article was written, the offence of spoiling the view has been removed from the Bill. It now proposes making it an offence to take part inn any unauthorised protest within 1 kilometre of Parliament.
The authors of this article Lydia Dagostino, Teresa Blades and Sue Lenier are lawyers at Kellys Solicitors in Brighton.
The right to peaceful protest is a crucial part of political life. The British have a long tradition of exercising this, from the Peasants Revolt, the Tolpuddle martyrs and Suffragettes through to anti-war protests and campaigns against animal abuse.
When the Human Rights Act was passed, the future looked bright. It enshrined important unwritten rights into statute, particularly Article 10 (Freedom of Expression) and Article 11 (Freedom of Assembly and Association).
However, since then, increasingly draconian legislation has been passed to negate public fear of a terrorist attack. This is sometimes used in ways not originally envisaged by Parliament.
A classic example is the Stop and Search powers under Section 44 of the Terrorism Act 2000. Before this provision, the police could only stop and search individuals if they had reasonable grounds and certain criteria were met.
The police can now stop and search anyone in a specific geographical area. These powers must not be used for reasons unconnected with terrorism, yet were invoked against protestors travelling to anti-war protests at RAF Fairborn, arms fair protestors in Docklands and the anticapitalist protest on May Day in London.
The Anti-Social Behaviour Act was a civil measure designed to reduce antisocial behaviour. An Anti-Social Behaviour Order (ASBO) can be sought by police, a local authority or prosecution lawyers on conviction of a related offence. There is no need for live witnesses to attend or for witnesses identity to be divulged, and hearsay evidence can be used. The burden of proof is lower than for criminal offences. All this makes obtaining an ASBO easier. Breaching an ASBO is a criminal offence and can result in imprisonment.
This legislation has been used against protestors.
In January, our firm acted for three animal rights activists who were prosecuted for aggravated trespass after protesting peacefully on the roof of an animal research laboratory. The defendants were found not guilty, but the prosecution had sought an ASBO, as well as court penalty, if conviction ensued. The conditions they sought included not entering the street where the laboratory was situated.
It has also been used by the police to widen powers of arrest. An example is the arrest of an individual who is acting in an apparently anti-social manner. The police can ask for the persons details and, if refused, can arrest.
One client was arrested for holding a placard outside an animal research lab (the anti-social act!). She was asked for her details, said she was leaving, yet was arrested anyway.
Clients performing a piece of street theatre, (portraying an Israeli military check point, outside the Caterpillar HQ in Birmingham) were asked for names and addresses for participating in an anti-social act. When they queried this, the whole group were arrested.
During subsequent court proceedings, to prevent further protests the individuals were threatened with ASBOs. However, this case was ultimately dropped and the group are seeking advice on suing the police.
The Government now intends to pass the Serious Organised Crime and Police Bill containing a proposal to make all offences arrestable.
Police currently have limited powers of arrest for key minor offences which are often invoked against protestors, eg. obstructing a police officer and disorderly conduct. People are often summonsed but, under the new Bill, they would be arrested and taken to a police station. These individuals would lose their liberty and the State would gain information on them, through the fingerprints, photos and DNA taken.
Part 4 of this Bill contains a power to arrest demonstrators outside someones home (Home Visits) so the police would no longer have to give directions, including warnings to leave the area.
The Bill creates a new criminal offence of trespass on a designated site on grounds of national security. National security is not defined, which risks the new offence being used against protestors, effectively criminalising the law of trespass by the back door.
There are also somewhat ludicrous proposals on protesting outside Parliament. A senior police officer will have the power to remove someone if they are spoiling the view1!
The Bill also widens ASBOs, allowing unaccountable public or private bodies to seek them against individuals. Companies like Huntingdon Life Sciences, which currently use civil proceedings to obtain injunctions, may well prefer this cheaper, simpler option.
After significant pressure from commercial interests, economic sabotage will also become a criminal offence. This is clearly aimed at animal rights protestors, after the Montpellier Group pulled out of the contract to build the new animal research laboratory at Oxford University, and after successful campaigns against businesses involved in, and linked to, animal experimentation. Such protestors are increasingly being branded as domestic terrorists.
The police will also be able to monitor individuals e-mails to gather evidence. Whilst this is aimed at perceived extremists, it will inevitably make further inroads into the right to protest and civil liberties.
Despite parliaments intentions, this new sort of legislation undermines the right to protest, criminalises new sections of society and extends information held by the State on individuals. Maybe the future for protestors is not so bright after all.
Note:
1 Since this article was written, the offence of spoiling the view has been removed from the Bill. It now proposes making it an offence to take part inn any unauthorised protest within 1 kilometre of Parliament.
The authors of this article Lydia Dagostino, Teresa Blades and Sue Lenier are lawyers at Kellys Solicitors in Brighton.