The Commissioner appealed against a decision that certain aspects of its crowd control procedures exercised during a public protest were unlawful.
Held: The appeal succeeded. The issue came down to whether the commanding officer genuinely held a view that his actions were required to prevent an imminent breach of the peace, and whether his decision to contain was unjustifiable on is own evidence. The judge had relied upon hs own assessment of what was imminent rather than looking at the reasonableness of the officer’s belief. The court had therefore applied the wrong test. Further, on the facts as found by the Court, there was no justifiable basis for concluding that Mr Johnson’s apprehension that such a breach was imminent was unreasonable.
Lord Neiberger MR, Hughes, Sullivan LJJ
[2012] EWCA Civ 12
Bailii
England and Wales
Citing:
Appeal from – Moos and Another, Regina (on The Application of) v Commissioner of the Police of The Metropolis Admn 14-Apr-2011
The claimants, demonstrators at the G20 summit, complained of the police policy of kettling, the containment of a crowd over a period of time, not because they were expected to to behave unlawfully, but to ensure a separation from those who were. . .
Cited – Redmond-Bate v Director of Public Prosecutions Admn 23-Jul-1999
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, . .
Cited – Austin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009
The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed . .
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. . .
Lists of cited by and citing cases may be incomplete.
Police, Torts – Other
Updated: 10 November 2021; Ref: scu.450345