Public Order Policing & the European Convention on
Human Rights (ECHR)
The main ECHR Articles applicable to the policing of protests are:-
Article 2 Right to life
Article 3 Prohibition of torture
Article 5 Right to liberty and security
Article 8 Right to respect for private and family life
Article 9 Freedom of thought, conscience and religion
Article 10 Freedom of expression
Article 11 Freedom of assembly and association **
Public Order Policing & the European Convention on
Human Rights (ECHR)
The Human Rights Act 1998 ‘domesticates’ most rights as set out in ECHR
In particular, the Act makes it unlawful for any public body to act in a way
which is incompatible with the Convention
The below Articles are routinely engaged with protests, demonstrations and
parades or processions:• Article 9 Freedom of thought, conscience and religion
• Article 10 Freedom of expression
• Article 11 Freedom of assembly and association
These rights are qualified: police can impose restrictions on these Articles,
but only under certain conditions **
Public Order Policing & the European Convention on
Human Rights (ECHR)
The Right to Protest ?
“One of the features of a vigorous and healthy democracy is that
people are allowed to go out onto the streets and demonstrate”
LORD HOPE OF CRAIGHEAD, Austin v Commissioner of Police of the Metropolis [2009]
• Article 10 Freedom of expression
• Article 11 Freedom of assembly and association
• ‘assembly' includes 'procession‘
• There is a right to peaceful protest – purpose is irrelevant
• Even includes 'illegal assemblies' but they must have a peaceful intent
• Peaceful protest includes conduct that annoys, offends, shocks or
disturbs others
• Racist opinions, ideas or statements which incite violence are not
covered by ECHR Articles 9 or 10 **
Public Order Policing & the European Convention on
Human Rights (ECHR)
Article 11
Police have both negative and positive duties in relation to Article 11:Negative – Police must not hinder or restrict peaceful assembly except
to the extent allowed by ECHR Article 11(2)
Positive – in certain circumstances, Police are under a duty to take
reasonable steps to protect those who want to exercise their rights
peacefully **
Public Order Policing & the European Convention on
Human Rights (ECHR)
It is incumbent upon the Police to ensure that any action taken is:•
•
•
•
•
Proportionate
Legal
Appropriate
Necessary
Ethical
•
Presumption of ECHR: if peaceful then should be facilitated
•
We should remember that public protests have long been part of the
British way of life. Protests are an important safety valve for strongly
held views. In addition, the right to protest in public is a synthesis of
iconic freedoms in a democracy: free assembly and free speech **
Police Policy
Policy on how to police Public Order, protests & demonstrations is under
constant scrutiny and review
Her Majesty’s Inspectorate of Constabulary (HMIC) independently assesses
police forces and policing across activity from neighbourhood teams, serious
crime, Public Order and the fight against terrorism – in the public interest
Over the years numerous reviews and publications with recommendations
have been released to improve how public order is policed **
Police Policy
The Manual of Guidance on Keeping the Peace
• The police have to balance the competing
rights of those who wish to protest with the
rights of the wider community, and our duty to
protect people and property from the threat of
harm or injury
• The manual is an open source document and
the starting point for any protest or
demonstration
• Embracing new tactics, Police Liaison Teams
(PLT), a Swedish Police inspired tactic, has
now adopted by Police Scotland **
Awareness of Legislation
Section 20 Police & Fire Reform (Scotland) Act 2012, Public order
policing derives its core duties from this legislation,
Section 20 Constables: general duties
(1) It is the duty of a constable
(a) to prevent and detect crime,
(b) to maintain order,
(c) to protect life and property,
(d) to take such lawful measures, and make such reports to the
appropriate prosecutor, as may be needed to bring offenders with
all due speed to justice,
An example of this is the use of cordons to maintain order between
opposing protest factions**
Awareness of Legislation
Section 14 Public Order Act 1986 - Public Assemblies
(A similar statute exists for Processions)
(1) If the senior police officer, having regard to the time or place at which and
the circumstances in which any public assembly is being held or is
intended to be held, reasonably believes that—
(a) it may result in serious public disorder, serious damage to property or
serious disruption to the life of the community, or
(b) the purpose of the persons organising it is the intimidation of others with a
view to compelling them not to do an act they have a right to do, or to do
an act they have a right not to do,
he may give directions imposing on the persons organising or taking part
in the assembly such conditions as to the place at which the assembly
may be (or continue to be) held, its maximum duration, or the maximum
number of persons who may constitute it, as appear to him necessary to
prevent such disorder, damage, disruption or intimidation
Note the levels of disruption etc to be satisfied **
Current trends in protest & demonstrations
• The sinister Guy Fawkes mask made famous by the
2006 film V for Vendetta has become an emblem
for anti-establishment protest groups
• The mask is worn by an enigmatic lone anarchist
who uses Fawkes as a role model in his quest to
end the rule of a fictional fascist party in the UK
• Masks range in price from 88p to £48
• Removal of the masks under Section 60
Authorisations of the Criminal Justice & Public
Order Act 1994 has made a dramatic impact on
protestors behaviour and erodes their anonymity **
Likely Impact to Business
•
Dependent on the type of protest or demonstration, spontaneous or pre-planned, numbers
attending, route, intelligence, threat and risk and police response:-
•
Disruption - Generally minor inconvenience for a short period, attempts to have foot paths
blocked and access restricted, Police will deploy cordons or police vehicles preventing direct
access to key areas or to prevent opposing factions encroaching upon each other.
•
The Police will balance the rights of those causing the protest with the wider public. Generally
negotiation is the preferred route to attempt to move protestors in cases where access is being
restricted
•
Trespass or Occupation - Occupations of target premises, such as Mobile Phone shops, or
banks. Often organised by Facebook; some days have seen a national effort which has
involved 30 – 50 co-ordinated actions across the UK; these have been small-scale and peaceful
•
Damage & Vandalism – Generally targeting Government and corporate premises
•
Lock on – A more extreme method to cause disruption that generally result in the arrest of the
perpetrators
•
Banner drops – Non-violent direct action groups seek to gain maximum publicity for their
cause by scaling buildings and dropping these. Negotiation is the safest initial response **
Spontaneous Protest – Occupation/Sit in
• Policing functions are limited when this type of protest does not constitute
housebreaking, or any type of criminality is involved
• The Police do not have powers to forcibly eject occupants, Instead, Policing
functions are based on preventing a breach of the peace or crimes being
committed
• Tactical Options such as Evidence Gathering Teams (EGT) to video record
protestor actions and the attempts by Police to resolve the situation have
proved invaluable in prosecutions
• Other options such as Cordons to contain the group, Negotiator to liaise with
the protestors etc have proven to work
• Breach of the Peace is now only a competent charge were the below criteria
is met
“conduct severe enough to cause alarm to ordinary people AND
threaten serious disturbance to the community. Smith v Donnelly 2001
S.C.C.R. “
• This requires a public element, meaning civilian witnesses & statements**
Spontaneous Protest – Occupation/Sit in
• Where negotiation fails, the Police can directly intervene if required using
Section 14 Public Order Act 1986 (Public Assembly) where 20 or more
persons are present.
• Other legislation that can be utilised is
• Section 68 Criminal Justice & Public Order Act 1994 - Aggravated Trespass
(1) A person commits the offence of aggravated trespass if he trespasses on
land and, in relation to any lawful activity which persons are engaging in or
are about to engage in on that or adjoining land, does there anything which
is intended by him to have the effect—
• (a) of intimidating those persons or any of them so as to deter them or any of
them from engaging in that activity,
• (b) of obstructing that activity, or
• (c) of disrupting that activity.