The protest handbook / Tom Wainwright [and three others].

Format:

Book

Author/Creator:

Wainwright, Tom, 1982- author.

Series:

Criminal practice series (Bloomsbury (Firm))

Language:

English

Subjects (All):

Assembly, Right of.

Criminal law--Great Britain.

Criminal law.

Demonstrations--Law and legislation.

Demonstrations.

Physical Description:

1 online resource (529 pages)

Edition:

Second edition.

Place of Publication:

London, England : Bloomsbury Professional, [2020]

Summary:

" A book like this that sets out the law relevant to protest is essential for campaigners and activists. But it's not just a guide to legal rights when protesting, it's also a handbook for the defence of civil disobedience and non-violent direct action in our democracy. That makes it essential reading for us all ." Caroline Lucas MP , in her Foreword to the Second Edition The Protest Handbook, Second Edition is a clear and accessible guide to protest law, which brings together both the criminal and civil aspects of this area of law and explains complex legal issues in a user-friendly format.The authors guide practitioners and non-practitioners through the various issues and proceedings, covering the following: protestors' rights and police powers; criminal proceedings; common offences and defences; the law on occupations; challenging injunctions; and holding the police to account.The Second Edition covers all the core legislation and case law including: Public Order Act 1986; Criminal Justice and Public Order Act 1994; Human Rights Act 1998; Boddington v BTP , Rice v Connolly and R (Laporte) v Chief Constable of Gloucestershire as well as more recent developments such as: Anti-Social Behaviour Crime and Police Act 2014; The Police (Conduct) Regulations 2020; James v DPP (2016); R (DPP) v Stratford MC (2017); DPP v Ziegler (2019); R v Roberts (2019); Catt v UK (2019); Canada Goose v Persons Unknown (2020); INEOS v Boyd (2020); R (Jones) v Commissioner of Police for the Metropolis (2020).This is an essential guide for all legal practitioners working in this area, as well as for organisations and groups who provide advice and support for protestors and, of course, for protestors themselves.

Contents:

Intro

Foreword

Preface

Table of Statutes

Table of Statutory Instruments

Table of Cases

1 Powers, rights and procedure

Powers and restrictions in relation to protests

At the police station

2 Criminal court procedural issues

First appearance at the magistrates' court

Disclosure

Summary trial procedure

Abuse of process

Appeals

3 Common offences, defences and core principles

Aggravated trespass

Assaulting/resisting/obstructing a police officer in the execution of their duty

Assaults on emergency workers

Breach of the peace

Criminal damage

Failing to comply with orders

Location-specific offences and byelaws

Obstruction of the highway

Public nuisance

'Public order' offences

Watching and besetting

Miscellaneous offences

General defences

Sentencing principles

Human rights

4 Occupations

What is an occupation?

Criminal law

Civil law

5 Injunctions

How do injunctions arise?

A taxonomy of injunctions

Giving notice

Injunctions against unnamed defendants

Representative proceedings

Procedure

When will the court grant an injunction?

Grounds for injunctions

The terms of an injunction

Proportionality agreements

After the hearing

Contempt of court

Penalty

Legal aid and costs

Other proceedings

Conclusion

6 Holding the police to account

How best to challenge the police

Funding complaints and civil actions against the police

Complaints against the police

Civil actions against the police

Judicial review proceedings

Annex A Flowcharts

Annex B Key legislation

Human Rights Act 1998

Public Order Act 1986

Police Reform and Social Responsibility Act 2011

Police and Criminal Evidence Act 1984

Annex C Police (Conduct) Regulations 2020

Annex D Useful websites

Annex E Public protests.

Index.

Notes:

Includes index.

Description based on print version record.

ISBN:

9781526514011

152651401X

9781526514028

1526514028