A failure to prioritise the rights of ordinary members of the public – both in how the authorities fail to use the full range of the powers available to them under the existing legal regime; and in terms of the legal regime itself. [...] In balancing the rights of protestors and the there being no such explicit and unfettered right within the European rights of others, in each of the following situations do you think the police should Convention on Human Rights (ratified by the UK in 1951, the ECHR intervene to stop the protests, or not intervene to stop the protests?’ 10 | policyexchange.org.uk . [...] The Government should legislate to increase the protections afforded to Parliament and Parliamentarians by replicating the legislation in force in the Irish Republic under the Offences Against the State Act 1939 which forbids the “prevention by obstruction or intimidation of any branch of the government of the State from carrying out their functions, duties or powers”. [...] In balancing the rights of protestors and the rights of others, in each of the following situations do you think the police should intervene to stop the protests, or not intervene to stop the protests?” 42. [...] In considering the practical implementation of the law, this legislative framework must be read and understood in the context of the relevant rights found in the European Convention on Human Rights (ECHR), the applicable case law of the European Court of Human Rights (ECtHR), and the domestic UK courts applying the Human Rights Act 1998.
Related Organizations
- Pages
- 157
- Published in
- United Kingdom
Table of Contents
- The Right to Protest in a new era of disruption and confrontation 1
- David Spencer Sir Stephen Laws KCB KC Hon and Niamh Webb 1
- The Right to Protest in a new era of disruption and confrontation 3
- David Spencer Sir Stephen Laws KCB KC Hon and Niamh Webb 3
- About the Authors 4
- Endorsements 6
- Contents 8
- Executive Summary 9
- Summary of Recommendations 15
- Recommendations for Government 15
- Recommendations for the Mayor of London 17
- Recommendations for Police Forces and Policing Bodies 17
- Recommendations for the Crown Prosecution Service 19
- 1. Introduction 21
- Peaceful protest 22
- Public opinion 23
- A balancing of rights exercise 26
- The police interpretation 27
- 2. A guide to the legal framework 30
- The Background Framework 31
- The Relevant Rights 32
- The Role of the Police 33
- Questions for the Police 34
- Resolving the problems concerning the law 43
- 3. Policing mass protest marches 45
- 4. Protecting Key National infrastructure 64
- 5. Protecting Parliamentarians 69
- 6. Protecting Parliament and Government 74
- 7. Violent Disorder 83
- 8. Differential Policing a need for new oversight of protest policing in London 92
- Annex A Key legislation relating to protest 110
- Annex B Key cases relating to protest 116
- Annex C An in-depth examination of the case law affecting protest 128
