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Extinction Rebellion: High Court rules London protest ban unlawful | Extinction Rebellion: High Court rules London protest ban unlawful |
(32 minutes later) | |
A police ban on Extinction Rebellion protests in London last month was unlawful, High Court judges have ruled. | A police ban on Extinction Rebellion protests in London last month was unlawful, High Court judges have ruled. |
The Metropolitan Police imposed the ban, which prevented two or more people from the group taking part in protests, under the Public Order Act. | The Metropolitan Police imposed the ban, which prevented two or more people from the group taking part in protests, under the Public Order Act. |
But judges have ruled that police had no power to do this because the law did not cover "separate assemblies". | But judges have ruled that police had no power to do this because the law did not cover "separate assemblies". |
Lawyers for the group described the police action as "hastily imposed and erratically applied". | Lawyers for the group described the police action as "hastily imposed and erratically applied". |
They say the Met Police now faces claims for false imprisonment from "potentially hundreds" of protesters. | They say the Met Police now faces claims for false imprisonment from "potentially hundreds" of protesters. |
Protests cost £24m to police and resulted in 1,828 arrests, with 165 people charged with offences, the Met says. | |
During the court hearing, the force had argued that the ban was the only way to tackle widespread disruption. | |
Announcing their judgement, however, Lord Justice Dingemans and Mr Justice Chamberlain ruled in favour of Extinction Rebellion. | Announcing their judgement, however, Lord Justice Dingemans and Mr Justice Chamberlain ruled in favour of Extinction Rebellion. |
Lord Justice Dingemans said: "Separate gatherings, separated both in time and by many miles, even if co-ordinated under the umbrella of one body, are not a public assembly within the meaning of... the Act. | Lord Justice Dingemans said: "Separate gatherings, separated both in time and by many miles, even if co-ordinated under the umbrella of one body, are not a public assembly within the meaning of... the Act. |
"The XR [Extinction Rebellion] autumn uprising intended to be held from October 14 to 19 was not therefore a public assembly... therefore the decision to impose the condition was unlawful because there was no power to impose it under... the Act." | "The XR [Extinction Rebellion] autumn uprising intended to be held from October 14 to 19 was not therefore a public assembly... therefore the decision to impose the condition was unlawful because there was no power to impose it under... the Act." |
The judges noted that there are powers within that act which may be used lawfully to "control future protests which are deliberately designed to 'take police resources to breaking point"'. | The judges noted that there are powers within that act which may be used lawfully to "control future protests which are deliberately designed to 'take police resources to breaking point"'. |
During 10 days of climate change protests last month, activists shut down areas around Parliament and the Bank of England, and targeted London City Airport. | During 10 days of climate change protests last month, activists shut down areas around Parliament and the Bank of England, and targeted London City Airport. |
Police had tried to restrict them to Trafalgar Square, under Section 14 of the Public Order Act. | Police had tried to restrict them to Trafalgar Square, under Section 14 of the Public Order Act. |
The court was told that the ban was issued on the same day as a message posted online by London activists on 14 October. | |
It told protesters to adopt the "be water" tactics used by demonstrators in Hong Kong. | |
"Be water, crowds split up into fast moving groups and pairs, that network via phones," it said. | |
"You gather at particular spots in large numbers, until the police response building then you move to a new disruptive site." | |
The ban was lifted four days later, with officers saying that it was no longer necessary because demonstrations had ended. | |
Analysis | |
BBC home affairs correspondent Daniel Sandford | |
This was a radical tactic adopted by the Metropolitan Police on 14 October - banning all future Extinction Rebellion protests across London for several days. | |
But it has backfired. No police force likes to have their actions described as "unlawful". | |
Today's High Court ruling takes away from officers the ability to impose a city-wide ban of future protests, which means demonstrators wanting to be "like water" - where they split into fast-moving groups - will be difficult to control if they are trying to disrupt a whole city. | |
So police will have to deal with what is in front of them. | |
If a specific protest in a specific place gets out of hand they will be able to close it down, but it will have to be a decision made by an officer on the spot, and not by someone sitting in a police station worrying about what protests may happen the next day. | |
During the court hearing, Phillippa Kaufmann QC, for Extinction Rebellion, told court the police ban had been "wholly uncertain, an abuse of power and irrational". | |
Responding to the ruling, Extinction Rebellion UK tweeted "we won't be silenced". | |
Green Party peer Jenny Jones - who was among those to bring the legal challenge - described the legal win as "historic". | |
Speaking outside the court, she said: "The police can over-step the mark. The police are getting more and more strong powers that they are misusing - and that's absolutely unacceptable." | |
What does Extinction Rebellion want? | What does Extinction Rebellion want? |
Extinction Rebellion's legal victory follows two weeks of protests in the UK last month. | Extinction Rebellion's legal victory follows two weeks of protests in the UK last month. |
The group (XR for short) wants governments to declare a "climate and ecological emergency" and take immediate action to address climate change. | The group (XR for short) wants governments to declare a "climate and ecological emergency" and take immediate action to address climate change. |
It describes itself as an international "non-violent civil disobedience activist movement". | It describes itself as an international "non-violent civil disobedience activist movement". |
Launched in 2018, organisers say it has groups willing to take action in dozens of countries. | Launched in 2018, organisers say it has groups willing to take action in dozens of countries. |
It uses an hourglass inside a circle as its logo, to represent time running out for many species. | It uses an hourglass inside a circle as its logo, to represent time running out for many species. |
Read the full article here. | Read the full article here. |
Jules Carey, a solicitor representing protestors, said the ban had been "hastily imposed" and "erratically applied". | Jules Carey, a solicitor representing protestors, said the ban had been "hastily imposed" and "erratically applied". |
He said: "The police have powers to impose conditions to manage protests but not to ban them. | He said: "The police have powers to impose conditions to manage protests but not to ban them. |
"This judgement is a timely reminder to those in authority facing a climate of dissent - the right to protest is a long-standing fundamental right in a democratic society that should be guarded and not prohibited by overzealous policing." | "This judgement is a timely reminder to those in authority facing a climate of dissent - the right to protest is a long-standing fundamental right in a democratic society that should be guarded and not prohibited by overzealous policing." |