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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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