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| Kettle police acted unlawfully at rally, High Court rules | |
| (about 1 hour later) | |
| Police officers who took the personal details of a woman "kettled" during a trade union rally in 2011 acted unlawfully, the High Court has ruled. | Police officers who took the personal details of a woman "kettled" during a trade union rally in 2011 acted unlawfully, the High Court has ruled. |
| The court ordered the Metropolitan Police to delete records of Susannah Mengesha and film and photographs taken of her at the demo. | The court ordered the Metropolitan Police to delete records of Susannah Mengesha and film and photographs taken of her at the demo. |
| Her details were taken while she was contained by police while a legal observer during the London protest. | Her details were taken while she was contained by police while a legal observer during the London protest. |
| The Met said it would consider the ruling and "take forward any learning." | The Met said it would consider the ruling and "take forward any learning." |
| Ms Mengesha, a law graduate, was contained by police with a group of protesters near London's Piccadilly Circus for two hours on 30 November 2011 at a trade union march against public sector pension cuts. | Ms Mengesha, a law graduate, was contained by police with a group of protesters near London's Piccadilly Circus for two hours on 30 November 2011 at a trade union march against public sector pension cuts. |
| 'Chilling effect' | 'Chilling effect' |
| Police said the "kettle" - which involves police forming a barrier around protesters to keep them within a fixed area - was "necessitated by a reasonably apprehended imminent breach of the peace". | Police said the "kettle" - which involves police forming a barrier around protesters to keep them within a fixed area - was "necessitated by a reasonably apprehended imminent breach of the peace". |
| Before being allowed to leave, police filmed Ms Mengesha and made her hand over personal information. | Before being allowed to leave, police filmed Ms Mengesha and made her hand over personal information. |
| She was "tagged" - filmed close up under bright lights - for identification purposes by a civilian employee of the police and gave her name, address and date of birth to a police officer. | She was "tagged" - filmed close up under bright lights - for identification purposes by a civilian employee of the police and gave her name, address and date of birth to a police officer. |
| The Met had argued they were entitled to obtain, and retain, the information for crime prevention purposes, but Lord Justice Moses said they had acted outside their powers. | The Met had argued they were entitled to obtain, and retain, the information for crime prevention purposes, but Lord Justice Moses said they had acted outside their powers. |
| "The absence of any statutory power to obtain identification in the circumstances in this case establishes conclusively the unlawfulness of the police action in requiring [Ms Mengesha] to be filmed and give her name and address and date of birth before she was released from containment," he said. | "The absence of any statutory power to obtain identification in the circumstances in this case establishes conclusively the unlawfulness of the police action in requiring [Ms Mengesha] to be filmed and give her name and address and date of birth before she was released from containment," he said. |
| The judges agreed that containment was necessary, but they said being filmed and handing over personal details as "the price of release" was a step too far. | The judges agreed that containment was necessary, but they said being filmed and handing over personal details as "the price of release" was a step too far. |
| They dismissed the police's argument that the information had been handed over voluntarily and that obtaining identification of protesters was "part and parcel of the containment". | They dismissed the police's argument that the information had been handed over voluntarily and that obtaining identification of protesters was "part and parcel of the containment". |
| "Although the common law has sanctioned containment, it has done so in only restricted circumstances," Lord Justice Moses said. | "Although the common law has sanctioned containment, it has done so in only restricted circumstances," Lord Justice Moses said. |
| This, he added, was to avoid uncertainty and "the potentially chilling effect on freedom of assembly and expression". | This, he added, was to avoid uncertainty and "the potentially chilling effect on freedom of assembly and expression". |
| A spokesman for the Metropolitan Police said: "We are aware of the judgment... and will now give it our full consideration and take forward any learning." | A spokesman for the Metropolitan Police said: "We are aware of the judgment... and will now give it our full consideration and take forward any learning." |