Seamus Burns is concerned that executive blunderbuss could blow away the rights of peaceful demonstrators
T he recent Court of Appeal decision in Austin and another v Metropolitan Police Commissioner [2007] EWCA Civ 989, [2007] All ER (D) 197 (Oct), signals a worryingly restrictive and diluted interpretation of Art 5 (right to liberty) of the European Convention on Human Rights (the Convention) allied to a correspondingly generous interpretation of police powers controlling protest in a democratic society.
MAY DAY BLUES
The facts of this case are well known. On May Day 2001 (not a Bank Holiday) at about 2pm, a crowd of demonstrators marched into Oxford Circus in London from Regent Street South. Later, other people entered or tried to enter from all points of the compass. Hence, at the end of the day there were around 3,000 people in Oxford Circus. Furthermore, in the general vicinity were crowds of thousands to the north of Oxford Street and on the west side of Oxford Street.
The Metropolitan Police had information that a demonstration was planned, but the organisers had deliberately given no notice
