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01 March 2012 / Richard Scorer
Issue: 7503 / Categories: Features , Public , Human rights
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Talking tactics

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When is kettling justified, asks Richard Scorer

Kettling involves the containment of crowds of demonstrators within a limited area. It is a controversial police tactic and its lawfulness has been the subject of several appellate court decisions. R (on the application of Moos) v Commissioner of Police of the Metropolis [2012] EWCA Civ 12, [2012] All ER (D) 83 (Jan) is the latest decision to examine the legality of the tactic, and refines the law still further.

Starting point

The starting point for any analysis of kettling is Art 5 of the Human Rights Act 1998 (HRA 1998). This provides a right not to be deprived of liberty except in certain well-defined situations and is an absolute right. Thus, on the face of it, the containment of demonstrators will be a breach of Art 5. Hence, court decisions have focused on the exceptional circumstances in which the state will have lawful justification to employ the tactic.

Austin v Metropolitan Police Commissioner [2009] UKHL 5, [2009] 3 All ER 455 was a claim

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