http://news.bbc.co.uk/2/hi/uk_news/politics/7958198.stm
http://news.bbc.co.uk/2/hi/uk_news/po...
My reading of Section 14 of the Public Order act would suggest that the conditions put onto a protest by the lead officer can only be put onto protesters if disorder has occured. Also it would appear that they can determine the maximun duration of the protest however not kettle people and extend the length of the protest by virtue of their actions. I would say that kettling is there for illegal and has no basis in law.
I asked on the day if they had envoked Section 14 legislation and they could not tell me if they had or why I was not being allowed to leave the protest and goto the Stop the War Demonstration and see my democratically elected MP's speak.
It is clear that in the legislation the head officer must note the time of the envoking of section 14 and as such they should have been able to tell me why I was being detained. Also it refers to the conditions allowed to be imposed by the lead officer only extending to where the protest is held. At no point does is state that they are allowed to keep you at the protest by denying your liberty.
Copy and paste of Section 14 of the Public Order Act
14 Imposing conditions on public assemblies(1)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—
(a)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.
(2)In subsection (1) the senior police officer means—
(a)in relation to an assembly being held, the most senior in rank of the police officers present at the scene, and
(b)in relation to an assembly intended to be held, the chief officer of police.
(3)A direction given by a chief officer of police by virtue of subsection (2)(b) shall be given in writing.
(4)A person who organises a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(5)A person who takes part in a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(6)A person who incites another to commit an offence under subsection (5) is guilty of an offence.
(7)A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (4), (5) or (6).
(8)A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
(9)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10)A person guilty of an offence under subsection (6) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of the M1Magistrates Courts Act 1980.
Annotations:
Marginal Citations
M11980 c. 43.
I woudl encourage anyone denied their liberty by kettling to lodge an IPCC complaint and seek compensation for illegal detention.
Complaint Forms Available here
http://www.ipcc.gov.uk/
section 14 can be put in place if resonable belief disorder may occur not just if has occured.. having said that not sure i agree with the kettling - just inflames the situation
hmmcrunchy 2 years ago
Serious disorder. they would have to see disorder first then worry about serios disorder. Copy and paste of section 14 in more info section of this video
fourmanfilms 2 years ago
@fourmanfilms yea its not a good tactic on a peaceful crowd... especiallly when people who werent even in the protest got caught...
hmmcrunchy 2 years ago
There were quite a few Bankers inside the crowd and they were fine. Nobody bothered anyone. It was totally peacefull. The police knew that everone wanted to leave to goto either the Stop THe War Rally or to the environment summit at East London Uni. The Police Were Behaving Politically to suppress free speech and association.
fourmanfilms 2 years ago