Case at Reading Magistrates' Court on Monday (8th April) tests police use of Public Order Act

Paul Milling was arrested in May 2001, whilst acting as a legal observer to a peaceful protest outside the Aldermaston Atomic Weapons Establishment in Berkshire. The demonstration was organised by CND and Trident Ploughshares (proponents of non-violent protest). As Mr Milling did not stay within the area designated by the Chief Constable of Thames Valley Police, he faces prosecution under section 14 of the Public Order Act 1986. The case is listed for 8th-12th April and will be heard in the mornings only.

Section 14 allows a senior police officer to impose (only the minimum necessary) restrictions upon a public assembly if he reasonably believes that it may result in serious public disorder, damage to property or the disruption to the life of the community.

The notice attempted to restrict this demonstration to an area beside one back entrance to Aldermaston (there are several more visible entrances).

In his defence, Paul Milling, a Quaker and a former Justice of the Peace, argues:
- that he cannot be prosecuted for "taking part" in a demonstration to which he was a legal observer
- that the police notice in this case was unlawful in constituting a disproportionate interference with his rights to free expression and peaceful assembly under articles 10 and 11 of the Convention on Human Rights.

James Welch, legal director of Liberty, is Mr Milling's solicitor for the case. He says:
"This case is about the police putting an unreasonable restriction on a peaceful protest. The police's power to put restrictions on demonstrations has to be exercised in a way that pays proper regard to demonstrators' rights to free expression and free assembly. The case also raises important questions about the status of legal observers."