R v Chief Constable of Glouchester, [2006] UKHL 55
Citation:R v Chief Constable of Glouchester, [2006] UKHL 55
Rule of thumb:Do people have a right to protest vehemently in the street? Yes, this is not automatically a breach of the peace. It is only if the protests start to get very rowdy that removals under preventative policing to prevent a breach of the peace occurring, or, arrests for breach of the peace can be made.
Background facts:
The basic facts were that certain people were not allowed to protest because the Police suspected there would be a breach of the peace.
Judgment:
The Court held that there was not reasonable suspicion to stop them from protesting. Where the police have reasonable grounds to believe that someone may commit a breach of the peace, they can refuse them entry to a place, however, where they do not, people have to be given the benefit that the protest will be peaceful. Some people were prevented from attending anti-war protests. It was held that this was a violation of the right to freedom of expression and freedom of assembly. There was no risk that the person was about to commit a breach of the peace.
Ratio-decidendi:
‘I regard the reasonable apprehension of an imminent breach of the peace as an important threshold requirement, which must exist before any form of preventive action is permissible...’, Lord Mance
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.