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Marginalising human rights : breach of the peace, 'kettling', the Human Rights Act and public protest.

Fenwick, Helen (2009) 'Marginalising human rights : breach of the peace, 'kettling', the Human Rights Act and public protest.', Public law., 2009 (4). pp. 737-765.


Discusses House of Lords case law on the police's use of the breach of peace doctrine for mass public protests. Considers: (1) R. (on the application of Laporte) v Chief Constable of Gloucestershire on whether the police had the power to arrest in order to prevent a breach of the peace; and (2) Austin v Commissioner of Police of the Metropolis on whether the appellant's containment in a police cordon containing mainly demonstrators, to maintain public safety, breached the European Convention on Human Rights 1950 art.5. Comments on whether the abolition of the doctrine in public protest situations is overdue. Notes existing statutory solutions for marches and assemblies.

Item Type:Article
Additional Information:Thomson Reuters.
Keywords:Breach of the peace, Demonstrations, Police powers and duties, Right to liberty and security.
Full text:Full text not available from this repository.
Publisher Web site:
Date accepted:No date available
Date deposited:No date available
Date of first online publication:October 2009
Date first made open access:No date available

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