Public Order Policing & the European Convention on Human Rights (ECHR)

1. Public Order Policing & the European Convention on Human Rights (ECHR) The main ECHR Articles applicable to the policing of protests are:- Article 2Right to life Article 3Prohibition of torture Article 5Right to liberty and security Article 8Right to respect for private and family life Article 9Freedom of thought, conscience and religion Article 10Freedom of expression Article 11Freedom of assembly and association **

2. Public Order Policing & the European Convention on Human Rights (ECHR) The Human Rights Act 1998 ‘domesticates’ most rights as set out in ECHR In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention The below Articles are routinely engaged with protests, demonstrations and parades or processions:- • Article 9Freedom of thought, conscience and religion • Article 10Freedom of expression • Article 11Freedom of assembly and association These rights are qualified: police can impose restrictions on these Articles, but only under certain conditions **

3. Public Order Policing & the European Convention on Human Rights (ECHR) The Right to Protest ? “One of the features of a vigorous and healthy democracy is that people are allowed to go out onto the streets and demonstrate” LORD HOPE OF CRAIGHEAD, Austin v Commissioner of Police of the Metropolis [2009] • Article 10Freedom of expression • Article 11Freedom of assembly and association • ‘assembly' includes 'procession‘ • There is a right to peaceful protest – purpose is irrelevant • Even includes 'illegal assemblies' but they must have a peaceful intent • Peaceful protest includes conduct that annoys, offends, shocks or disturbs others • Racist opinions, ideas or statements which incite violence are not covered by ECHR Articles 9 or 10 **

4. Public Order Policing & the European Convention on Human Rights (ECHR) Article 11 Police have both negative and positive duties in relation to Article 11:- Negative – Police must not hinder or restrict peaceful assembly except to the extent allowed by ECHR Article 11(2) Positive – in certain circumstances, Police are under a duty to take reasonable steps to protect those who want to exercise their rights peacefully **

5. Public Order Policing & the European Convention on Human Rights (ECHR) It is incumbent upon the Police to ensure that any action taken is:- • Proportionate • Legal • Appropriate • Necessary • Ethical • Presumption of ECHR: if peaceful then should be facilitated • We should remember that public protests have long been part of the British way of life. Protests are an important safety valve for strongly held views. In addition, the right to protest in public is a synthesis of iconic freedoms in a democracy: free assembly and free speech **

6. Police Policy Policy on how to police Public Order, protests & demonstrations is under constant scrutiny and review Her Majesty’s Inspectorate of Constabulary (HMIC) independently assesses police forces and policing across activity from neighbourhood teams, serious crime, Public Order and the fight against terrorism – in the public interest Over the years numerous reviews and publications with recommendations have been released to improve how public order is policed **

7. Police Policy The Manual of Guidance on Keeping the Peace • The police have to balance the competing rights of those who wish to protest with the rights of the wider community, and our duty to protect people and property from the threat of harm or injury • The manual is an open source document and the starting point for any protest or demonstration • Embracing new tactics, Police Liaison Teams (PLT), a Swedish Police inspired tactic, has now adopted by Police Scotland **

8. Awareness of Legislation Section 20 Police & Fire Reform (Scotland) Act 2012, Public order policing derives its core duties from this legislation, Section 20 Constables: general duties (1) It is the duty of a constable (a) to prevent and detect crime, (b) to maintain order, (c) to protect life and property, (d) to take such lawful measures, and make such reports to the appropriate prosecutor, as may be needed to bring offenders with all due speed to justice, An example of this is the use of cordons to maintain order between opposing protest factions**

9. Awareness of Legislation • Section14 Public Order Act 1986 - Public Assemblies • (A similar statute exists for Processions) • If the senior police officer, having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held, reasonably believes that— • it may result in serious public disorder, serious damage to property or • serious disruption to the life of the community, or • (b) the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do, • he may give directions imposing on the persons organising or taking part in the assembly such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to him necessary to prevent such disorder, damage, disruption or intimidation • Note the levels of disruption etc to be satisfied **

10. Current trends in protest & demonstrations • The sinister Guy Fawkes mask made famous by the 2006 film V for Vendetta has become an emblem for anti-establishment protest groups • The mask is worn by an enigmatic lone anarchist who uses Fawkes as a role model in his quest to end the rule of a fictional fascist party in the UK • Masks range in price from 88p to £48 • Removal of the masks under Section 60 Authorisations of the Criminal Justice & Public Order Act 1994 has made a dramatic impact on protestors behaviour and erodes their anonymity **

11. Likely Impact to Business • Dependent on the type of protest or demonstration, spontaneous or pre-planned, numbers attending, route, intelligence, threat and risk and police response:- • Disruption - Generally minor inconvenience for a short period, attempts to have foot paths blocked and access restricted, Police will deploy cordons or police vehicles preventing direct access to key areas or to prevent opposing factions encroaching upon each other. • The Police will balance the rights of those causing the protest with the wider public. Generally negotiation is the preferred route to attempt to move protestors in cases where access is being restricted • Trespass or Occupation - Occupations of target premises, such as Mobile Phone shops, or banks. Often organised by Facebook; some days have seen a national effort which has involved 30 – 50 co-ordinated actions across the UK; these have been small-scale and peaceful • Damage & Vandalism – Generally targeting Government and corporate premises • Lock on – A more extreme method to cause disruption that generally result in the arrest of the perpetrators • Banner drops – Non-violent direct action groups seek to gain maximum publicity for their cause by scaling buildings and dropping these. Negotiation is the safest initial response **

12. Spontaneous Protest – Occupation/Sit in • Policing functions are limited when this type of protest does not constitute housebreaking, or any type of criminality is involved • The Police do not have powers to forcibly eject occupants, Instead, Policing functions are based on preventing a breach of the peace or crimes being committed • Tactical Options such as Evidence Gathering Teams (EGT) to video record protestor actions and the attempts by Police to resolve the situation have proved invaluable in prosecutions • Other options such as Cordons to contain the group, Negotiator to liaise with the protestors etc have proven to work • Breach of the Peace is now only a competent charge were the below criteria is met “conduct severe enough to cause alarm to ordinary people AND threaten serious disturbance to the community.Smith v Donnelly 2001 S.C.C.R. “ • This requires a public element, meaning civilian witnesses & statements**

13. Spontaneous Protest – Occupation/Sit in • Where negotiation fails, the Police can directly intervene if required using Section 14 Public Order Act 1986 (Public Assembly) where 20 or more persons are present. • Other legislation that can be utilised is • Section 68 Criminal Justice & Public Order Act 1994 - Aggravated Trespass (1) A person commits the offence of aggravated trespass if he trespasses on land and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land, does there anything which is intended by him to have the effect— • (a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity, • (b) of obstructing that activity, or • (c) of disrupting that activity.