header-logo header-logo

25 October 2013 / Richard Scorer
Issue: 7581 / Categories: Features , Personal injury
printer mail-detail

Keeping the peace

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll