Supreme Court decision on breach of peace in Hicks affirmed by European Court of Human Rights

Written by: Elliot Gold
Published: 25 April 2019

In the case of Eiseman Renyard and Others v United Kingdom (2019) Application no. 57884/17, the European Court of Human Rights has declined to disturb the decision of the Supreme Court in R (Hicks) v Comr Metropolitan Police[2017] UKSC 9; [2017] AC 256, concerning the arrest and detention of royal wedding protesters, for breach of the peace.

As stated in the blog post discussing the decision of the Supreme Court, the police arrested a number of individuals on 29th April 2011, which was the day of the royal wedding, took them into police custody and released them without charge once the pageant was over. The justification was that the arrests were said to be necessary to prevent an imminent breach of the peace – the violent disruption of the wedding. No-one was brought before a court as foreseen by Article 5(1)(c) of the Convention.

The Catt that got the cream – retention of data concerning peaceful protestor was an unlawful interference with article 8

Written by: Rebecca de Hoest
Published: 15 April 2019

In Catt v United Kingdom [2019] ECHR 76, the European Court departed from and disagreed with the Supreme Court, holding that the police’s collection and retention of data of a peaceful protestor was an unlawful interference with Article 8 of the Convention.

Mr Catt was a 94-year-old man from Brighton; a peaceful protestor who regularly attended public demonstrations since 1947. In 2005, he began attending demonstrations held by ‘Smash EDO’. Although there was often serious disorder and criminality at Smash EDO’s protests, Mr Catt only ever attended in a peaceful capacity and was never charged with anything.

In 2010, he made a ‘subject access request’ to the police, to identify what records, if any, they held on him. The police disclosed sixty-six entries identifying his attending protests between 2005 and 2009. Some were EDO Smash protests, many were other protests. All of these records were held on the police’s “Extremism Database”.

The Association of Chief Police Officers, ‘ACPO’, refused to delete the entries on Mr Catt. They failed to give any reasons for this refusal, and so Mr Catt judicially reviewed ACPO’s decision. In so doing, he claimed a breach of his article 8 right to privacy.

Retention of crime reports about alleged teenage ‘sexting’ did not breach Article 8

Written by: Debra Powell KC
Published: 9 April 2019

In R (CL) v Chief Constable of Greater Manchester & Secretary of State for the Home Department [2018] EWHC 3333 (Admin), the Divisional Court held that the retention by the police of crime reports which related to sexting incidents in which a schoolboy had allegedly been involved did not breach his rights under Article 8 ECHR.

The decision confirmed that the retention of data by the police in accordance with the prevailing regulatory and statutory data protection framework and relevant guidance was in accordance with the law for the purposes of Article 8(2) whether the alleged offender was an adult or a child.

The duty to have regard to the need to safeguard and promote the welfare of children did not mandate the deletion of data: the best interests of any children concerned was a primary, but not determinative, consideration.

Protecting Community Protection Notices

Written by: Frances McClenaghan
Published: 31 January 2019

A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.

No order for costs following withdrawn forfeiture application

Written by: Rebecca de Hoest
Published: 27 January 2019

In Bennett v Chief Constable of Merseyside [2018] EWHC 3591 (Admin), the High Court confirmed that a district judge was correct to make no order for costs against the police after it withdrew its Proceeds of Crime Act 2002 (‘POCA’) s.298 application for cash forfeiture. In considering the decision of the district judge, the High Court reaffirmed three points:

i. The starting point is that no order for costs should be made provided that the public authority has acted reasonably and properly;

ii. In determining whether the police acted reasonably and properly, the court should scrutinise the behaviour of the police with care; and

iii. It may be justifiable to award costs against the police, particularly where the successful private party would suffer substantial hardship if no order for costs were made in their favour.