The Law of Public Order and Protest

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Uploaded by on Jun 28, 2010

BOOK REVIEW


THE LAW OF PUBLIC ORDER AND PROTEST

By HHG Peter Thornton QC, Ruth Brander, Richard Thomas, David Rhodes, Mike Schwarz, Edward Rees QC

ISBN: 978-0-19-956614-3

Oxford University Press

www.oup.com/uk/law


FOND OF PROTEST? YOU'RE NOT ALONE, BUT BE WARNED,
THERE MIGHT BE A LAW AGAINST IT.

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

You're not a lawyer? Don't worry. You'll find this readable and scholarly volume by Peter Thornton QC and his team a topical and fascinating read. If you are a lawyer, run out and buy this book. You never know in this turbulent age of protest and dissent, when you're going to need it.

It's an account of public order law: illuminating, informative and carefully structured for ease of use. Public order, as pointed out in the preface, is generally reactive- reacting, or responding to problems of disorder and violent unrest which have recently occurred -- the Fascist marches of the1930s, for example...the Southall riots of 1979...the Brixton disorders of 1981...the poll tax of 1990...and so on, including protests over wars, from Vietnam to Iraq, Afghanistan and Gaza.

Whether you agree or disagree with whatever contentious issue is being protested about, protest nonetheless remains an option, an avenue of communication if you like and in a democratic society, an inalienable right; 'the lifeblood of democracy,' a senior judge has called it. Protest of course occurs at the local level too. Usually it's about creeping urban blight, daft planning decisions and perceived threats to health, from everything from big, ugly buildings designed by famous architects, to mobile phone masts, airport expansions, intrusive motorways and a host of other causes.

Since Peter Thornton wrote "Public Order law" in 1987, an amazing number of new public order measures have been created, to some considerable extent brought about by the phenomenon of burgeoning terrorism.

'There is a trend, driven by political will,' warns the author, '...to keep making more law without codification, of apparent thought for the adequacy of existing powers. 'The primary aim of this book -- which it accomplishes admirably -- is 'to guide the lawyer student and citizen through the maze.' And a maze it certainly is, although note that the January 2010 publication date of the book precedes the UK general election of May 6th 2010. The new Conservative-Lib Dem coalition now in power will no doubt review much of this legislation. Watch out for changes here in response to continuing events.

Areas covered by this important book's expert team include: the Public Order Act 1986...Processions, Assemblies and Meetings...Use of the Highway...Trespass to Land...Police Powers Before Arrest...Arrest, Detention and Bail...Defences of Excuse and Justification...Punishment, Appeals and Restricting Orders...and Human Rights.

In all, you have the benefit of over 500 useful pages, including Tables of Cases, Statutes...Secondary Legislation and International Legislation -- the resources you need to guide you through this fascinating and complex area of law.

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  • @goodbyee007 Are Statute,Acts (Admiralty / Maritime) only given the force of law by the consent of the Governed ?...And Common Law Jurisdiction is mandatory (bona-fide) in the UK and Commonwealth Countries ?...

  • My friend and I (both of us activists) were very impressed by this book and couldn't put it down went we stumbled upon it at our solicitor's office. We don't have the £90 needed to get a copy but this is a must have for all protesters who can get their hands on a copy. Any wealthy donors out there willing to buy us a copy? Haha

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