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  • Key Law Lords decision on right to peaceful protest

  • 13 Dec 2006
  • In a landmark decision the Law Lords have determined that police may not prevent peaceful demonstrations unless a breach of the peace by protesters is imminent. The Lords upheld Liberty's arguments in the Laporte case that the police failed properly to respect the right to freedom of expression and assembly when they stopped 120 peace activists en route to an anti-war demonstration at RAF Fairford airbase.

  • Alex Gask, Legal Officer for Liberty said:

    "Nothing less than our freedom of speech was at stake in this case. Unmerited concerns about some future 'breach of the peace' cannot justify the denial of this fundamental right."

    In March 2003 the 120 campaigners travelled to RAF Fairford in Gloucestershire by coach to protest against Britain's attack on Iraq which had begun several days earlier. The police stopped the coach and carried out a search which uncovered scissors, spray paint, shields and protective clothing. Despite a massive police presence at the site of the demonstration, about which the police had been notified in advance, the passengers were not allowed to proceed and were forcibly detained on their coaches. The coaches were returned to London under heavy police escort as police cited a possible "breach of the peace." The coaches were not allowed to stop, even to allow passengers to relieve themselves.

    Contact: Jen Corlew on 0207 378 3656 or 07973 831 128

    NOTES TO EDITORS

    The Law Lords decision in R (on the application of Laportev Chief Constable of Gloucestershire was announced on 13 December 2006 at 9.45am.

    Liberty intervened in the case in the Court of Appeal and the House of Lords to argue that the protestors' right to freedom of assembly and expression (Articles 5, 10, and 11 of the ECHR) had been violated. Counsel is Rabinder Singh QC of Matrix Chambers.

    The High Court ruled in February 2004 that the police were within their rights to return the protestors to London, but that detaining them had been unlawful. The Court of Appeal upheld this judgment in December 2004. The House of Lords will determine the scope of the police's power to take action to prevent a breach of the peace.