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09 April 2009 / Neil Parpworth
Issue: 7364 / Categories: Features , Public
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Policing power

Is police cordoning a deprivation of liberty? asks Neil Parpworth

In Austin and another v Commissioner of Police of the Metropolis [2007] EWCA Civ 989, [2008] 1 All ER 564 the Court of Appeal decided that in exceptional circumstances, the innocent bystander may have his freedoms restricted in order that the peace be preserved and public order maintained. The House of Lords has recently heard an appeal against the Court of Appeal's decision in Austin (see [2009] UKHL 5). The appeal did not relate to the Court of Appeal's findings in relation to the common law powers of the police. Rather, it was concerned with the decision that the appellant's rights under Art 5(1) of the European Convention on Human Rights (the Convention) had not been infringed by the police officers' actions. Since the case raised a novel point not previously decided by the European Court of Human Rights (ECtHR), it merits further consideration.

On 1 May 2001, a crowd of demonstrators marched into Oxford Circus at approximately 2pm. By the end of the day, there

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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