Richard Scorer discusses the heated issue of kettling
The exercise of police powers in relation to the containment of demonstrators (kettling) has been examined in a number of legal claims. These cases relate to situations where the police, believing a breach of peace to be imminent, have contained demonstrators in holding pens. The legality of this tactic then falls to be determined by the courts.
Liberty
Article 5 of the Human Rights Act 1998 (HRA 1998) provides a right not to be deprived of liberty except in well-defined situations. It is an absolute right, and hence, on the face of it, containment of demonstrators will be in breach of Art 5. Previous court decisions have confirmed that kettling may be lawful in exceptional circumstances, but must only be done in the face of an imminent breach of the peace, must be done in good faith, must be proportionate and must be done for no longer than is reasonably necessary. Absent these conditions, the tactic is likely to be unlawful and the police may then
