The claimant sought damages for false imprisonment and infringement of his human rights in the manner of the defendant’s management of a demonstration in which he was involved. The issue was whether ilce action was justified on the basis that the defendant’s actions were likely to encourage others to breach the peace.
Held: The police officers honestly believed that a breach of the peace was about to occur; the key question is: did the officers have reasonable grounds for that belief: ‘there would be a real danger of falling into the trap of circularity of reasoning which both the Claimant and Mr Southey forcibly mentioned. If, ex hypothesi, there are no reasonable grounds, how can the police create those grounds by informing protesters that unless they comply they will be arrested? Although the Defendant’s position was that a reasonable protester would want to enter the pen, I can see the force of the argument that this assumes too much and places a form of burden of persuasion or justification on the Claimant. In truth, the onus is on the police to justify containment and the protester is quite entitled to say: ‘I am not causing a breach of the peace: let me stand on my rights’.’
However, as matters progressed, the police did come to have reasonable grounds as required, and ‘Had it not been for the Claimant’s own actions, I am far from convinced that the other matters prayed in aid by CI Osborn would have been sufficient. The refusal to go into the pen could well be regarded as protesters standing on their rights. On the other hand, protesters who claimed that they wanted to leave the scene, were let out of the pen, and then rekindled their protest elsewhere placed themselves in a different category: they were not simply standing on their rights; they had misled the police and could therefore be regarded as untrustworthy.’
Jay J
[2013] EWHC 2739 (QB)
Bailii
European Convention on Human Rights 5 10 11
England and Wales
Citing:
Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – Regina v Nicol and Selvanayagam QBD 10-Nov-1995
The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by . .
Cited – Austin and Others v The United Kingdom ECHR 15-Mar-2012
Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach . .
Cited – Selvanayagam v United Kingdom ECHR 12-Dec-2002
Any presumption of law which had operated against the applicant had been within reasonable limits, had taken account of the importance of what was at stake and had maintained the rights of the defence. . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Cited – Mengesha v Commissioner of Police of The Metropolis Admn 18-Jun-2013
The claimant was an observer at a demonstration in central London. Along with others she was detained within a police cordon. She was told she would not be released until she allowed herself to be photographed. This was done in an aggressive and . .
Cited – Austin and Others v The United Kingdom ECHR 15-Mar-2012
Grand Chamber – The applicants complained that their restriction within a police cordon (a measure known as ‘kettling’) for up to seven hours during the course of a demonstration in central London amounted to a deprivation of their liberty in breach . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other, Human Rights
Updated: 20 November 2021; Ref: scu.515379
