header-logo header-logo

Bar Council urges caution on Police Bill

26 May 2021
Issue: 7934 / Categories: Legal News , Criminal , Public
printer mail-detail
The Police, Crime, Sentencing and Courts Bill ‘limits fundamental civic rights’, the Bar Council has warned in its briefing to MPs.

The controversial Bill, which is currently at committee stage, covers a range of protest, policing and sentencing measures.

The Bar Council said the clause on ‘harassment in a public place’ would essentially render annoying speech a criminal offence, and went further than the current law, while proposals to criminalise damage to war memorials could create situations where simply removing a bunch of flowers led to proceedings in the Crown Court. It warned the Bill would allow the government to prevent protests it didn’t agree with and give ‘expansive powers to the police, which encompass the arrest of one individual who is independently protesting’.

It said: ‘There are clear tensions between the Bill and the freedom of protest and expression protected under the European Convention on Human Rights.’

It also opposed any legislation allowing for remote juries, which it said would make jurors ‘spectators rather than participants in a trial’.

See below for Michael Zander QC's three-part series on the Police, Crime, Sentencing and Courts Bill.

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll