Van Ek: conviction under s.12 of the Public Order Act for Breaching Conditions Imposed on Procession

Written by: Imogen Hildred
Published: 30 October 2014

In Van Ek & Jukes v Director of Public Prosecutions (16th January 2013) the Divisional Court dismissed the appeal of two protestors who were convicted of breaching conditions imposed on the route of a procession under s.12 of the Public Order Act 1986 (the POA).

Van Ek and Jukes were participating in a march against education cuts in central London. A specific route had been determined, and the Metropolitan Police had imposed a condition on the procession that it follow this specific route. The route did not take the protestors into Trafalgar Square, where an anti-capitalist protest camp had been set up, and was still present at the time of the march. A police cordon had been placed across the junction between a street and Trafalgar Square to prevent marchers entering the Square.

Guilfoyle: Sex Offender Notification Order Quashed on Judicial Review after 11 Months

Written by: Imogen Hildred
Published: 26 August 2014

In R (Commissioner of Police of the Metropolis) v Central Criminal Court & (1) Guilfoyle & (2) Crown Prosecution Service. the High Court quashed an order purporting to lift a sex offender’s notification requirements as the Central Criminal Court had no power to make the order.

Sections 91A and 91B of the Sexual Offences Act 2003 form part of the new regime for the review of indefinite notification requirements for sex offenders. In outline:

an offender who has been made the subject of an indefinite notification order can apply to the local Chief Constable for a review of the continuing need to be subject to notification requirements.
The Chief Constable has to notify certain public bodies, such as the local probation service and the Home Secretary.
If the Chief Constable refused to remove the notification requirements, there is a right of appeal to the Magistrates’ Court.
Importantly, a person cannot apply until 15 years have elapsed if they were an adult at the time of the original notification requirement, or 8 years if a juvenile.

The new regime came into effect on 30^th July 2012.

R (Hicks) v Met Police: Pre-emptive detention, Public Order and Article 5

Written by: Imogen Hildred
Published: 10 March 2014

Can pre-emptive detention, purely to prevent a person committing an offence or a breach of the peace, where they have not yet committed an offence, be lawful under Article 5 of the ECHR? In R (Hicks) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3 the Court of Appeal has said, “yes”: it may be lawful under Article 5(1)(c), provided that at the time of the arrest there is an intention to take the arrested person before the courts. It may also be lawful under 5(1)(b) in certain circumstances, not closely defined in the judgment.

R(L): Reading between the lines – the law on ECRC disclosures

Written by: Aaron Rathmell
Published: 4 December 2013

In R (L) v Chief Constable of Cumbria [2013] EWHC 869 (Admin) a teacher successfully challenged the Chief Constable’s decision to disclose certain information about him for the purposes of an Enhanced Criminal Record Certificate. The Court’s decision is instructive for disclosure officers because of the comprehensive summary of the relevant principles. It is also instructive for investigators, in terms of the solemnity required of them when asked to comment on allegations.

Sarjantson: key decision on Article 2 duties for 999 responders

Written by: Imogen Hildred
Published: 14 November 2013

In Sarjantson v Chief Constable of Humberside Police [2013] EWCA Civ 1252 the Court of Appeal found that the police owed a duty under Article 2 to take reasonable steps to respond to a 999 call reporting that a group of youths were attacking someone, regardless of whether the victim was identified or identifiable to the police.