The court case segment in Tense At St.Paul’s – an Occupy London film, promises to be an informative and existential exploration into the laws that govern all occupational protests in the UK.
Michael Paget who specializes in property, housing and public law represented Occupy London in the City of London vs Samede in the High Court and also in the consequent appeal. On camera Michael makes clear that every square inch of land in the UK is covered by property law. To twist a phrase, if you do not own land, 9/10ths of the law disowns you.
No ifs, not buts, property law sucks.
Paul Ridge from Bindman’s Law one of the leading firms for protest law is the latest in an exemplary line up to agree to join the film project. In preparation for my interview with him I researched some of the more commonly used laws by police and cooperations against peaceful assembly. I did not expect to be horrified by the way injunctions are used before a ‘protest’? Again the rights of the land owner-corporate body trump (pre-court) the right to peaceful assembly to highlight issues that usually involve the health of our planet or economic justice.
Green and Black Cross
write “Injunctions are basically a way that companies can buy themselves personalised laws. As such they are complicated and vary quite widely, but there are three things you need to do if you receive one:
- Don’t talk about it. Especially on email or social media.
- Ring us as soon as possible
- Read the Green and Black Cross guide…”
“…….don’t expect them to be fair”
Her Majesty’s Chief Inspectorate of Constabulary
writes in Adapting to Protest – Nurturing the British Model of Policing 2009, “.….a number of police forces in England and Wales approach peaceful protest in terms of “is the protest lawful or unlawful?” This is an incorrect starting point. The concept of ‘unlawful protest’ is inaccurate as a matter of law. First, the right guaranteed by ECHR Article 11 is the right to “peaceful assembly”, not “lawful assembly”. Second, there is no legal basis in domestic law for describing a public protest as inherently unlawful.”
Law Commonly Used By Police at Peaceful Assemblies
- Section 12 & 14 of the Public Order Act 1986
- Section 50 Public Reform Act 2002
- Section 60 & 60aa & 61 of the Criminal And Public Order Act 1994
- Section 46 of the Children’s Act
- Section 35 of the Anti-Social Behaviour, Crime, and Policing Act
The misuse of the above sections by police is so regular that is has become normalised. According to NETPOL , the procedures of the Independent Police Complaints Commission are inadequate, inappropriate and unjust.
Giles Fraser ascends the protest technique of occupying to spiritual heights. “You need to occupy land. You need to make some presence there in the city….. That was its (Occupy London’s) greatest strength….Christianity does not exist without occupation. I would say that the incarnation is God’s occupation on Earth. ……You have to take up space. You have to make it real”
Amen.
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