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Challenging conditions imposed by the police
Even when the police threaten to impose conditions, organisers have a great deal of discretion about whether and when to challenge the police decision.
Mounting a Legal Challenge in Advance
With the help of legal advisers, organisers could test the legality of police conditions through a court case in advance of the action itself. In order to seek a judicial review of a police decision you would need to argue that either:
Applications for judicial review must be made to the High Court in London. Urgent applications can be heard quickly. In many instances, however, you will be informed of conditions to restrict processions or assemblies too late to apply to the High Court. There is no one with immediate power to overrule the senior officer on the spot if he decides to impose conditions.
Where protesters themselves defy police conditions it will be for the police to decide whether to make arrests and seek prosecutions. If in a subsequent trial it turns out that the conditions were indeed invalid, the prosecutions would fail and arrested persons may be entitled to damages.
Help from Liberty
Liberty has been able to advise protest groups, unions and political groups about the best way to challenge police operations that threaten to defeat civil liberties. In the past the organisation has supported lawyers and lay people who have challenged such decisions and has itself been prepared to take test cases when important issues of principle have been at stake. Liberty will either be able to help you or will refer you to a specialist solicitor or campaigning group who have dealt with similar problems in the past.
Mounting a Legal Challenge in Advance
With the help of legal advisers, organisers could test the legality of police conditions through a court case in advance of the action itself. In order to seek a judicial review of a police decision you would need to argue that either:
- The decision was improperly reached (for example, because the proper procedure was not followed or improper considerations were taken into account); or
- The decision is unlawful because it would involve the police acting incompatibly with the European Convention on Human Rights; or
- The decision was so unreasonable or arbitrary that no reasonable chief officer could have reached that conclusion.
Applications for judicial review must be made to the High Court in London. Urgent applications can be heard quickly. In many instances, however, you will be informed of conditions to restrict processions or assemblies too late to apply to the High Court. There is no one with immediate power to overrule the senior officer on the spot if he decides to impose conditions.
Where protesters themselves defy police conditions it will be for the police to decide whether to make arrests and seek prosecutions. If in a subsequent trial it turns out that the conditions were indeed invalid, the prosecutions would fail and arrested persons may be entitled to damages.
Help from Liberty
Liberty has been able to advise protest groups, unions and political groups about the best way to challenge police operations that threaten to defeat civil liberties. In the past the organisation has supported lawyers and lay people who have challenged such decisions and has itself been prepared to take test cases when important issues of principle have been at stake. Liberty will either be able to help you or will refer you to a specialist solicitor or campaigning group who have dealt with similar problems in the past.
