Michael Orlik assesses the changing laws and regulations over protestors obstructing highways.
On 5 September 2017, protesters against the arms industry lay down in the road leading to East London’s Excel Centre, where an arms fair was being held. They were arrested and prosecuted; however, the district judge dismissed the prosecutions. The prosecution appealed to the Divisional Court which ordered convictions to be recorded. On further appeal. the Supreme Court held the district judge was right, and that his dismissal should be reinstated.
The Human Rights Act (HRA) 1998 has embodied the European Convention of Human Rights (ECHR) into our law. The Supreme Court said the previous case law will need to be read in light of this legislation. What activities may lawfully be carried out on the highway, apart from passing an...
The central issue was whether arresting and charging the demonstrators was a proportionate response… in preventing disorder or protecting the freedom of others.
