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1 The Right of Peaceful Protest Liberty does a lot of work on promoting and protecting the right to peaceful protest YourRights website Advice and information Respond to queries Provide legal representation in important cases Brian Haw, Arms Fair protesters 1

2 Why right to protest maters. Why it can be restricted. A changed landscape? Some laws old and new. How to respond. Exercise and Discussion 2

3 A Powerful Tool Trade Union Rights Women Suffrage Poll Tax Road Protests Protest can be a powerful campaigning tool Achieved important political and social changes 3

4 More needed than ever? Airport expansion New housing Road building Nuclear power Incinerators 4

5 A Right Guaranteed by law 1. Everyone has a right to freedom of peaceful assembly and to freedom of association. European Convention on Human Rights Article 11 the public highway is a public place which the public may enjoy for any reasonable purpose [..] there is a public right of peaceful assembly on the highway Lord Irvine in DPP v Jones [1999] 5

6 A Qualified Right No restrictions shall be placed on this right other than such as are prescribed by law, and are necessary in a democratic society, in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health and morals, or for the protection of the rights of others ECHR Article 11(2) provided the activity in question does not amount to a public or private nuisance and does not obstruct the highway by unreasonably impeding the primary right of the public to pass and repass DPP v Jones [1999] 6

7 An easy target? Business Media man in the street Government Protesters have few powerful friends otherwise no need for public protest. 7

8 Getting tough! Trespass laws Public order laws Harassment laws Anti-social behaviour laws Terrorism laws Laws restricting free speech Laws on contractual interference A mass of new laws introduced recently that may have the effect of restricting the right to protest 8

9 A changed landscape? 9

10 Peaceful Protest Not: Riot Affray Violent disorder Criminal damage Putting others in fear of violence Breach of the peace 10

11 What laws we will be looking at? Control of processions and assemblies. Harassment Human rights 11

12 Control of Processions and Assemblies Processions Organisers must give 7 days notice (or asap if not practicable) Police can impose conditions, but only if : Necessary to prevent serious public disorder, serious damage to property or serious disruption to the life of the community Procession is intended to intimidate so as to compel others. If notice not given organisers commit an offence Organisers and participants commit offence if knowingly fail to comply with condition. Can impose conditions, but cannot ban. Public Order Act 1986 Sections 11 and 12 12

13 Control of Processions and Assemblies Assemblies Assembly is now 2 or more people. No need to give notice. Police can impose conditions, but only if : Necessary to prevent serious public disorder, serious damage to property or serious disruption to the life of the community. (Powers to prevent obstruction of the highway. Conditions only regarding location, duration and number of persons. Conditions should not be such as to effectively prohibit assembly. It is an offence to knowingly fail to comply with a condition. Public Order Act 1986 Sections 11 and 12 13

14 Control of Processions and Assemblies Demonstrations in the vicinity of Parliament Notice must be given to hold a demonstration in this area. Includes Whitehall, Westminster and part of south bank. Gives police power to impose wider range of conditions, including size of placards and noise level, and prohibits loudhailers. Wider power to impose conditions: Hindrance to persons entering of leaving parliament. Disruption to life of community. Both organisers and participants in an unauthorised demonstration guilty of an offence. Serious Organised Crime and Police Act 2005 s

15 Control of Processions and Assemblies A Proportionate Response? 15

16 Harassment Plain Harassment Course of conduct 2 or more occasions (includes speech) Knows or ought to know that conduct causes harassment to another person. Harassment is not defined, but can include causing alarm or distress. Person who pursues course of conduct commits an offence. Not an offence if conduct is reasonable. Protection from Harassment Act1997 s1(1) and s2 16

17 Civil Injunction Harassment Victim of actual or apprehended harassment can apply for injunction. Injunctions can have very broad terms, and can apply to a large class of persons. Knowingly to breach an injunction is an arrestable offence. Protection from Harassment Act1997 s3 17

18 Harassment Smash EDO injunction No more then 10 people, Only for 2.5 hours. Once a week, on a Thursday. Demonstrators must be silent. Injunction imposed on the whole world 18

19 Harassment New harassment offence Course of conduct can be on one occasion only if Directed at two or more people, and With the intention of persuading them to do something, that they have a right not to do, or not do something they have a right to do, and Person knows or ought to know it amounts to harassment. Defence of reasonableness applies, Also includes civil injunction remedy. Protection from Harassment Act1997 s1(1a) 19

20 Harassment Harassment of person at home Present outside or in the vicinity of a dwelling. To persuade the resident or anyone else to do or not to do something. Knows or ought to know that his presence amounts to harassment to the resident. No defence of reasonableness. Police has powers to give directions to leave vicinity and not return within 3 months. Serious Organised Crime and Police Act 2005 ss126 and

21 In the vicinity? Harassment 21

22 The resident or another individual? Harassment 22

23 Trespass Normally not a criminal offence can be sued by the occupier, but not arrested or prosecuted. Occupier can use reasonable force to remove trespass. But check where private property ends. 23

24 Trespass Aggravated Trespass Trespass onto land (includes buildings) with the intention of disrupting someone carrying out any lawful activity on that land. Public Order Act 1986 s68 24

25 Trespassory Assembly Trespass Chief police officer has the power to make order prohibiting trespassory assemblies (20 or more people trespassing onto land) in a specified area if assembly: Without permission of occupier. Cause serious disruption to life of community. Offence to knowingly take part in prohibited assembly. Police has power to stop and direct persons to leave specified area. Public Order Act 1986 ss14a and 14B 25

26 Trespass Trespass on a designated site: Entering a designated site without permission is an offence. Designated sites include Crown Land or, Sites the Sec of State can designate sites in the interests of national security. Defence to prove that did not know, nor had reasonable cause to suspect that site was designated. SOCPA 2005 section

27 Other Legislation Anti terrorism legislation s44 searches, ASBOs, Glorification of terrorism, Interference with contractual relationship, Wider powers of arrest. 27

28 Problem Police have very broad powers. Police want to help: Businesses Local traders. general public Not sympathetic to protesters. 28

29 Response Non legal Advance publicity get people on side. Plan the event carefully risk assessment. stewarding needs, briefing sheets to participants, route maps and timetables. Contact the police but weigh up pros and cons. (and may be legally required to notify). Use restrictions as campaign tool. Right to protest cards. 29

30 Response Legal Challenge conditions Really necessary to prevent serious disorder or serious disruption to the life of the community? Wouldn t a less restrictive condition be sufficient? Do they have power to impose such conditions? Do the conditions amount to a ban on the protest? 30

31 Response Legal No restrictions shall be placed on [the right to protest] other than such as are prescribed by law, and are necessary in a democratic society, in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health and morals, or for the protection of the rights of others European Convention on Human Rights Article 11(2) 31

32 Response Legal It is unlawful for a public authority to act in a way which is incompatible with a Convention right Human Rights Act 1998 Section 6(1) 32

33 Response Legal So far as it is possible, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights. Human Rights Act 1998 Section 3(1) 33

34 Response Challenging conditions in advance Negotiate with the police. Consider Judicial Review. Get legal advice - contact Liberty. 34

35 Response Challenging conditions during protest Try to negotiate with the police. Failure to comply or obstructing police can be offence. May be able to bring action against police under HRA afterwards (helpful to have exact terms of conditions). If arrested, and conditions invalid: Prosecution will fail and. May be entitled to damages 35

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37 Your campaign group want to organise an assembly near the gates of a cattle market, from where calves are going to be exported to France for the veal trade. 1. A week before the protest, you receive a letter from the police saying that they are aware of this protest, and you must give them the names of the organizers and an estimate of numbers present. 2. When you are gathering at the site, the police says that your presence is going to interfere with a visit from the French ambassador, and jeopardise international relations, so they want you to move to where you cannot see or be seen by people using the market. They also prohibit you from having placards depicting veal crates, as they upset people. 3. When you are demonstrating, shouting for the drivers not to carry the calves to France, the police give you directions to leave the vicinity of the market, and not to return for 3 months, as your shouts are causing distress to a man who lives next to the market. 4. Two employees from one of the freight companies applies to court for an injunction, requiring that you or any other protester be prohibited from going within 2 miles of the market when it is in operation, and restricting your protest to 2 hours per week when the market is closed. 37

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