Police London-wide ban on Extinction Rebellion actions ruled unlawful
Written By:
- Date published:
7:10 am, November 7th, 2019 - 5 comments
Categories: climate change, democracy under attack, police -
Tags: climate action, climate activism, extinction rebellion
The Guardian reports
In a judgment handed down on Wednesday morning, Mr Justice Dingemans and Mr Justice Chamberlain said the section 14 order imposed during XR’s “autumn uprising” in October was unlawful.
Dingemans said: “Separate gatherings, separated both in time and by many miles, even if coordinated under the umbrella of one body, are not a public assembly within the meaning of … the Act.
“The XR autumn uprising intended to be held from 14 to 19 October was not therefore a public assembly … therefore the decision to impose the condition was unlawful because there was no power to impose it under … the Act.”
However, the judges noted there are powers within the Act which may be used lawfully to “control future protests which are deliberately designed to ‘take police resources to breaking point’.”
Background to the Autumn Uprising and police ban in Extinction Rebellion blanket ban chilling and unlawful.
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Press Release from Extinction Rebellion
Extinction Rebellion wins landmark legal challenge to Met Police ban on peaceful protest
November 06, 2019 by Zoe Blackler
- The High Court rules the Metropolitan Police’s blanket ban of Extinction Rebellion protests was unlawful
- The landmark judgment upholds the peoples’ fundamental right to peaceful protest and prohibits the Police from any such future ban
- Judicial review was brought on behalf of Extinction Rebellion by Baroness Jenny Jones, Caroline Lucas, Clive Lewis, David Drew, Ellie Chowns MEP, Adam Allnut and George Monbiot
- Several hundred Extinction Rebellion protesters, arrested under the ban, could now sue the Met for wrongful imprisonment and receive compensation
- Ruling in favour of Extinction Rebellion, the Court said: “We have held that the decision to impose the condition was unlawful…[the] decision to impose the condition on 14 October 2019 will be quashed”.
…
In their judgment, the Court agreed with Extinction Rebellion’s lawyers that: “the language of Section 14(1) itself makes clear that there is no power to prohibit rather than merely impose conditions on gatherings that have not yet begun”.
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QUOTES
Ellie Chowns, a Green MEP arrested while the ban was in place, said: “I’m absolutely delighted that we have won this very important case, defending the right to peaceful assembly and public protest. The judgment in our favour shows that the police clearly overstepped the mark when they imposed a blanket ban on any XR related protest. It was clearly ridiculous to arrest me for simply standing in Trafalgar Square, a pedestrianised public space. This judgment upholds the right to peaceful assembly and protest, a fundamental cornerstone of our democracy.”
…
Clive Lewis, from the Labour Party, said: “Peaceful protest is an essential guarantor of a free and democratic society, so I welcome today’s judgment. Extinction Rebellion is sounding the alarm about the climate and ecological emergency. Rather than trying to block our ears by shutting down their protests, we should be reacting to the danger they’re alerting us to. Averting that danger requires urgent and radical change, not the criminalisation of peaceful protest.”
Jules Carey of Bindmans LLP the Claimants’ solicitors said: “The ban was hastily imposed, erratically applied and has now been unequivocally declared unlawful by the High Court. The police have powers to impose conditions to manage protests but not to ban them. This judgment is a timely reminder to those in authority facing a climate of dissent; the right to protest is a long standing fundamental right in a democratic society that should be guarded, not prohibited by overzealous policing.”
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Kevin Blowe, Coordinator of Netpol, a group that monitors the policing of protest, said: “The police acted beyond their authority and we want to see senior officers held accountable for this extraordinary abuse of power. No matter how much pressure it faces from the government, the Met must now drastically rethink how it meets its legal obligation to facilitate and protect the rights of Extinction Rebellion to protest in the future.”
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The fast-track legislation passing its second reading in Parliament is another step towards environmental ruin. ...1 week ago
- Greens join King’s Counsel in calling for Treaty Principles Bill to be abandoned
The Prime Minister must answer the call from a group of senior lawyers of the King’s Counsel to abandon the divisive Treaty Principles Bill. ...1 week ago
- Chris Hipkins’ apology statement to state and faith-based care survivors
...1 week ago
- Release: Labour formally apologises to state and faith-based care survivors
Labour joins with the Government in unreservedly apologising for the abuse, neglect and trauma including torture in state and faith-based care and for ignoring the voices of survivors for too long. ...1 week ago
- Green Party stands in support of survivors of abuse in care
Today, the Green Party stands alongside the survivors of abuse in state care and faith-based care as the Government issues an historic apology. ...1 week ago
- Green Party calls for conscience vote on Treaty Principles Bill
The Green Party has written to the Speaker of the House requesting he enable a personal vote on the Treaty Principles Bill. ...1 week ago
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- Without action, an apology will be empty air
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- Release: Poroporoaki: Ta Robert (Bom) Gillies
Kua hinga te manawa kairākau o Te Rua Tekau Ma Waru Tiwhatiwha te po! Kakarauru i te po! Ka rapuhia kei hea koe kua riro! Haere e te Ika a Whiro ki o tini hoa kua ngaro atu ki te Pō ...2 weeks ago
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The opposition parties stand united for an Aotearoa that honours Te Tiriti, rather than seeking to rewrite it. Labour, the Greens and Te Pāti Māori are working together against the Government’s divisive Treaty Principles Bill. ...2 weeks ago
- Release: Labour, Greens and Te Pāti Māori call on the Prime Minister to block the Treaty Principle...
The opposition parties stand united for an Aotearoa that honours Te Tiriti, rather than seeking to rewrite it. Labour, the Greens and Te Pāti Māori are working together against the Government’s divisive Treaty Principles Bill. ...2 weeks ago
- NZ must pursue independent foreign policy
The Green Party says the need is greater than ever for Aotearoa New Zealand to pursue an independent foreign policy. ...2 weeks ago
- Release: Winston Peters must apologise
The Deputy Prime Minister should apologise to the public servant he named and blamed for something they did not do, and for misusing the rules of Parliament. ...2 weeks ago
- Government action provides Southland farmers more time to meet plan requirements
The Government is taking action to ensure Southland farmers and growers are not affected by unreasonable regional farm plan deadlines, Agriculture Minister Todd McClay, Environment Minister Penny Simmonds and Associate Environment Minister Andrew Hoggard say.“Cabinet has agreed to provide more time for farmers and growers to comply with regional rules ...10 hours ago - Bill reaffirms Government’s commitment to crack down on serious youth offending
The Oranga Tamariki (Responding to Serious Youth Offending) Bill had its first reading at Parliament today. The Bill reaffirms the Government’s commitment to crack down on serious youth offending, Minister for Children Karen Chhour says. “In recent years we have seen an unacceptable spike in youth offending. “This Bill makes ...10 hours ago
- Critical milestones for earthquake buildings review
Fairer, more sensible rules about managing earthquake risks are a step closer with the passing of legislation and the appointment of an independent chair to provide expert advice, Minister for Building and Construction Chris Penk says. “The Government is committed to reinvigorating our cities and regions to support economic growth, ...11 hours ago
- State of the art radiology machine for Auckland
People in Northland and Auckland will benefit from a new machine for cancer treatment installed at the Regional Cancer and Blood Service at Auckland City Hospital. The MV5 linear accelerator, or LINAC machine, officially opened today targets cancer tumours with pinpoint accuracy. Health Minister Dr Shane Reti says this new, ...11 hours ago
- Foreign Minister to visit Europe
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- First arrests made under gang patch ban
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- Better support for victims of sexual violence
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- Government moving forward with Regional Deals
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- MSA pilot participant update
One of the ten young men selected to participate in the Military-Style Academy Pilot has allegedly reoffended. Children’s Minister Karen Chhour is disappointed but says it would be naïve to think that none of these young men would reoffend. “I’m saddened that this young person has not taken this opportunity ...15 hours ago
- Attendance rates increase, again
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- Improving the lives of young New Zealanders
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- Government continues work to reinstate livestock exports by sea
The Government is reinstating the trade of livestock exports by sea while ensuring the highest standards of animal welfare, says Associate Minister of Agriculture Andrew Hoggard.“The Government will introduce legislation changes to reinstate the trade, enhance oversight, and strengthen requirements for exporters to identify risks and manage the welfare of ...1 day ago
- Speech to the National Quality Forum 2024
Tēnā koutou katoa – it is a pleasure to be here today. I would like to begin by acknowledging the important leadership role you all play in ensuring a quality health system New Zealanders can trust. There is enormous clinical expertise in this room covering a wide range of disciplines. ...2 days ago
- New Zealand’s COP29 National Statement
Tēnā koutou katoa. Mr President, Excellencies, Delegates. New Zealand, and all nations represented here today, are already dealing with the impacts of climate change. Our households, businesses, and economies are bearing the costs of its effects. The choices we make now will shape the severity of these impacts for generations ...2 days ago
- Latest Quarterly Investment Report released
The Government has released its second Quarterly Investment Report (QIR) which shows substantial work still to be done by agencies to improve investment reporting and meet the Government’s expectations, Infrastructure and Acting Finance Minister Chris Bishop says. “New Zealand has significant infrastructure and investment needs. The Government is determined to get ...2 days ago
- New Zealand supporting loss and damage fund
Climate Change Minister Simon Watts announced New Zealand will contribute NZ$10 million to the new Fund for Responding to Loss and Damage while at the annual United Nations Climate Change Conference (COP29) in Baku, Azerbaijan. “New Zealand is joining the global effort to address the significant challenge of responding to ...2 days ago
- Gang crackdown begins at stroke of midnight
The free ride for gangs is over when the clock strikes midnight tonight, with tough new laws officially coming into effect, Justice Minister Paul Goldsmith and Police Minister Mark Mitchell say. “Gang patches will no longer be able to be worn in public. To earn the right to wear a ...2 days ago
- LGFA increases borrowing capacity to support high growth councils
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- Temporary Traffic Management costs revealed
The Government has revealed that over the past three years, the New Zealand Transport Agency (NZTA) has spent an eyewatering $786 million of taxpayers’ money on road cones and temporary traffic management (TTM), Transport Minister Simeon Brown says.“When I became Minister, I was surprised to learn that that NZTA did ...2 days ago
- Jurisdiction of Disputes Tribunal to double
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- Protecting New Zealand from foreign interference
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- Youth Parliament 2025 announced
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- Minister to consider 7AA select committee report
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- Launching the White Ribbon Ride
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Construction on the next stage of the SH1 Papakura to Drury project will begin early next month, with the contract for works awarded to Fulton Hogan, Transport Minister Simeon Brown says. "SH1 Papakura to Drury is a key project that will drive economic growth and productivity, reduce congestion, and enable people ...6 days ago
- NZ signs trade deal with Costa Rica, Iceland and Switzerland
Trade and Agriculture Minister Todd McClay has signed a pioneering trade agreement that prioritises New Zealand’s sustainable exports at a ceremony during APEC in Peru today. “The Agreement on Trade and Sustainability (ACCTS), between Costa Rica, Iceland, and Switzerland was concluded in July of this year and opens up significant ...6 days ago
- Government and iwi work together on aquaculture
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- Speech to Social Investment Hui: Jack and his whānau need our help
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Police had already cancelled the conditions they put on the Protest 'movement'
"Following a review carried out at 1730 hours on Friday 18th October 2019 by Chief Superintendent Karen Findlay who was Silver Commander, the condition was removed."
https://www.judiciary.uk/wp-content/uploads/2019/11/Jones-Ors-v-Comm-of-Police-Approved-judgment.pdf
why?
But that's not the point of the ruling. Anyone arrested under that order no longer has charges or warnings, including broccollis. Complaints about arrests are now based on the fact that the arrests were illegal. The law has been clarified so that the next XR protests won't face the same threats and abuse.
Not what the judgement says, the Judges specifically excluded what the arrests meant. It seems that a couple of persons who were included as claimants including George Monbiot were arrested .
From the way the Court case was held it was at Queens bench which is the Administrative division of the High Court , not the Criminal/Police arrests. In practice it may only mean those who were arrested for 'entering declared zone' would have their case dropped. While others who blocked roads etc would still be charged with public order offences.
Yes.
Doing a bit of obstruction or trespass is a fine tradition of protest, and them who wants to do it know arrest will probably be the outcome.
But the Met went well OTT with their draconian measures. That's the bit the courts stamped on, and good.