Activists launch London legal action against UK officers in Hong Kong police – The Guardian

Posted August 11th, 2020 in demonstrations, Hong Kong, news, police, private prosecutions, public order, torture by sally

‘Pro-democracy activists have launched a private prosecution in London against five British officers working for the Hong Kong police, alleging they have taken part in brutal actions against protesters.’

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The Guardian, 10th August 2020

Source: www.theguardian.com

Judge gives reasons for granting interim injunction prohibiting anti-HS2 protesters from overnight sleeping and other acts on council land next to construction site – Local Government Lawyer

‘A High Court judge has issued his reasons for last month granting Hillingdon Council a limited interim injunction preventing a number of named defendants and persons unknown from doing certain acts on land at Harefield Moor owned by the council and adjoining the site of construction works for part of the HS2 railway line.’

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Local Government Lawyer, 5th August 2020

Source: www.localgovernmentlawyer.co.uk

A Guide to Protestor Rights Balanced Against Police Powers – St Pauls Chambers

‘Article 10 of the Human Rights Act 1998 enshrines the right to the freedom of expression and Article 11 establishes the right of freedom of assembly and association. However, these rights are qualified, meaning that, in certain circumstances, these rights can be interfered with. The interference with these rights must be proportionate and necessary in the pursuit of a legitimate aim. For example, protestor rights to freedom of expression and freedom of assembly may be compromised where this is necessary in order to ensure public safety, prevent crime or disorder, protect the rights of others, or national security.’

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St Pauls Chambers, 18th July 2020

Source: www.stpaulschambers.com

Ministry of Defence reviews civil rights policy in armed forces after Navy base bans ‘taking the knee’ – The Independent

Posted July 2nd, 2020 in armed forces, demonstrations, minorities, news by tracey

‘The Ministry of Defence is reviewing policy on how members of the armed forces can show solidarity with the fight for black civil rights after “taking the knee” was banned at a military base.’

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The Independent, 1st July 2020

Source: www.independent.co.uk

Protest rights: ‘We have a right to protest despite coronavirus’ – BBC News

‘Lawyer Christian Weaver is teaching people in England and Wales about their rights with a series of YouTube videos called The Law in 60 Seconds.’

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BBC News, 30th June 2020

Source: www.bbc.co.uk

The Use of Police Tactics to Disperse Protests and the Fine Line Between Legitimate Protesting and Anti-Social Behaviour – 3PB

Posted June 23rd, 2020 in demonstrations, dispersal orders, news, police, public order by sally

‘A number of protests were held across the country and the world in response to the brutal killing of George Floyd in the United States. Although the protests were largely peaceful, there was some tension between the police and protesters over the weekend. This unfortunately resulted in some protesters and Legal Observers being kettled by the police. This note will provide a brief overview of the law surrounding the various tactics used by the police to disperse protests and maintain the peace. Some of the most commonly used tactics include kettling (otherwise known as containment) and the use of dispersal orders under s.35 of the Anti-social Behaviour, Crime and Policing Act 2014. The note will also focus on what constitutes ‘anti-social behaviour’ in the context of protests.’

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3PB, 18th June 2020

Source: www.3pb.co.uk

Rise in injunctions against HS2 protesters – The Guardian

‘HS2 protesters have been accused of practising early morning yoga, swimming naked in a lake and “howling at the moon” as a council seeks a high court injunction to stop direct action against the project.’

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The Guardian, 13th June 2020

Source: www.theguardian.com

Racism campaigners call for police watchdog to be abolished – The Guardian

‘Black families in the UK whose loved ones have died in incidents involving the police have called for the abolition of the Independent Office for Police Conduct, which investigates the police, and the immediate suspension of officers involved in deaths as part of a new plan to address systemic racism and unlawful killings.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Protesting During a Pandemic: What Are Your Rights? – 3PB

‘The general rule is that everyone has the right to associate with others and to gather together for a common purpose. Article 11 of the ECHR safeguards our right to peaceful assembly and is one of the foundations of a democratic society. This means that the State cannot interfere with your right to join a peaceful assembly and protest, even if the protest is against the State itself, or simply because the protest might cause inconvenience or lead to heated debate and tension. Article 11 does not safeguard intentionally violent protests; the State can interfere where a protest turns violent.’

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3PB, 4th June 2020

Source: www.3pb.co.uk

Courts ‘preparing to fast-track prosecutions for Black Lives Matter protesters’ – Daily Telegraph

‘British courts are preparing to fast-track prosecutions for the Black Lives Matter protests, as justice secretary Robert Buckland has told magistrates to model the process along the lines of the response to rioting in London in 2011, The Times reported.’

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Daily Telegraph, 12th June 2020

Source: www.telegraph.co.uk

There have been no successful prosecutions for deaths in British police custody since 1969 – here’s why – The Guardian

‘Black people account for 3% of the population, but 8% of deaths in custody. As a former chief prosecutor, I know this is only the end point of a system that disproportionately suspects, arrests, convicts and imprisons BAME people.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

COVID-19 and the Right to Protest – St John’s Buildings

‘Criminal barrister Rebecca Penfold has co-authored an article with Aparna Rao of 5 Paper Buildings about Covid-19 and the right to protest. It asks what rights do individual citizens have to protest, whilst subject to lockdown restrictions in England?’

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St John's Buildings, 3rd June 2020

Source: stjohnsbuildings.com

Neville Lawrence: black people still second-class citizens in Britain – The Guardian

‘Father of Stephen Lawrence says police’s promises to change have not been met.’

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The Guardian, 9th June 2020

Source: www.theguardian.com

Anti-racism Protests: What Are Your Rights Amid The Pandemic? – Each Other

‘Anti-racism protests are taking place across the UK to demand justice following the death of George Floyd, the unarmed black man killed in US police custody.’

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Each Other, 5th June 2020

Source: eachother.org.uk

Coronavirus: Are protests legal amid lockdown? – BBC News

‘Solidarity protests against the death of George Floyd in the US are continuing to take place in the UK – but are they actually legal given the coronavirus lockdown?’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

‘Justice not charity’ – the blind marchers who made history – BBC News

‘A century ago blind and partially sighted people marched on London to lobby the government to improve their living and working conditions. The 1920 Blind March has become a milestone in the history of the disability rights movement. But as recreating a large gathering is not possible in current circumstances, blind people are using their daily personal exercise to mark the anniversary.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

Case Comment by Nathan Davis – Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence? – Park Square Barristers

Posted April 20th, 2020 in chambers articles, demonstrations, news, strict liability, terrorism by sally

‘Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence?’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Application to end draconian UKOG injunction banning peaceful protest at oil sites in Surrey and Sussex – Garden Court Chambers

‘Lawyers for five peaceful protestors, supported by the Weald Action Group, have applied to the High Court to bring an end to an interim injunction against protest at oil sites in Surrey and Sussex in line with a new Court of Appeal ruling.’

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Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

Killing the goose? – Hardwicke Chambers

Posted March 19th, 2020 in anonymity, demonstrations, injunctions, news by sally

‘On 5 March 2020 the Court of Appeal handed down judgment in Canada Goose UK Retail Ltd v Person Unknown [2020] EWCA Civ 303. The case concerned protests at the claimant’s Regent Street shop against the brand’s use of animal fur and down. But the Court of Appeal gave wide and authoritative guidance in relation to claims for injunctions against un-named defendants (“persons unknown.”)’

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Hardwicke Chambers, 12th March 2020

Source: hardwicke.co.uk

Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’

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Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk