Law and Rights
Please view the video with this article in a Sheffield newspaper THE STAR - Video - Police arrest protest pensioners
It appears that there was a protest relating to cuts to rail travel passes. Such passes are (or have been) very beneficial to many elderly people.
It is not fully possible to properly determine just from the video whether the force used by the Police was "reasonable" (as is required by the Criminal Law Act 1967 section 3 / Police and Criminal Evidence Act 1984 section 117) but it certainly has the appearance of being very heavy-handed on the part of the Police. See - CPS on Reasonable Force
The powers of arrest of a constable are in section 24 of the Police and Criminal Evidence Act 1984 (as amended by the Serious Organised Crime and Police Act 2005).
Where an individual is aggrieved, a civil action against the Police may be possible though this is a diffcult legal area of law and practice. Legal aid may sometimes be available though the rules are particularly complex - see Changes to civil legal aid - Practical guidance for the Bar. An alternative is the use of Police Complaints machinery.
- Why We Need Our Human Rights (1) - 17 Year Olds And The Police
On 19th April 2012, HC (the claimant) was just 17 years old when he was arrested on suspicion of having been involved in a robbery. The Police did not inform his mother of his arrest. In fact, they had no obligation to do so because the law...
- Kettling And Police Powers
Mengesha v Metropolitan Police Commissioner [2013] EWHC 1695 (Admin) - Moses LJ and Wyn Williams J - is a short judgment on an important issue. The court had to consider whether the Police can lawfully require individuals 'kettled' (or 'contained')...
- Citizen's Arrest - A Limited Power
On Tuesday 28th May, The Independent reported that 'the creator of a far right extremist group' had 'promised to ?arrest? Islamist cleric Anjem Choudary by 6pm tomorrow if the Met police do not.' Who is Anjem Choudary and just what is...
- Protest: Police Powers .... The "cuts" Protest 26th March .... Brian Haw
Following a massive and mainly peaceful protest in London on Saturday 26th March (see The Independent 28th March), the government has stated that it is to review Police Powers - see Home Office "Protest: we will review Police Powers." In excess...
- Detention Without Charge
Within England and Wales, the detention for questioning by the Police of arrested suspects is subject to certain time limits and these are set out in the Police and Criminal Evidence Act 1984 - PACE. The powers of "Police Constables" to arrest without...
Law and Rights
Protesters arrested ...
It appears that there was a protest relating to cuts to rail travel passes. Such passes are (or have been) very beneficial to many elderly people.
It is not fully possible to properly determine just from the video whether the force used by the Police was "reasonable" (as is required by the Criminal Law Act 1967 section 3 / Police and Criminal Evidence Act 1984 section 117) but it certainly has the appearance of being very heavy-handed on the part of the Police. See - CPS on Reasonable Force
The powers of arrest of a constable are in section 24 of the Police and Criminal Evidence Act 1984 (as amended by the Serious Organised Crime and Police Act 2005).
Where an individual is aggrieved, a civil action against the Police may be possible though this is a diffcult legal area of law and practice. Legal aid may sometimes be available though the rules are particularly complex - see Changes to civil legal aid - Practical guidance for the Bar. An alternative is the use of Police Complaints machinery.
- Why We Need Our Human Rights (1) - 17 Year Olds And The Police
On 19th April 2012, HC (the claimant) was just 17 years old when he was arrested on suspicion of having been involved in a robbery. The Police did not inform his mother of his arrest. In fact, they had no obligation to do so because the law...
- Kettling And Police Powers
Mengesha v Metropolitan Police Commissioner [2013] EWHC 1695 (Admin) - Moses LJ and Wyn Williams J - is a short judgment on an important issue. The court had to consider whether the Police can lawfully require individuals 'kettled' (or 'contained')...
- Citizen's Arrest - A Limited Power
On Tuesday 28th May, The Independent reported that 'the creator of a far right extremist group' had 'promised to ?arrest? Islamist cleric Anjem Choudary by 6pm tomorrow if the Met police do not.' Who is Anjem Choudary and just what is...
- Protest: Police Powers .... The "cuts" Protest 26th March .... Brian Haw
Following a massive and mainly peaceful protest in London on Saturday 26th March (see The Independent 28th March), the government has stated that it is to review Police Powers - see Home Office "Protest: we will review Police Powers." In excess...
- Detention Without Charge
Within England and Wales, the detention for questioning by the Police of arrested suspects is subject to certain time limits and these are set out in the Police and Criminal Evidence Act 1984 - PACE. The powers of "Police Constables" to arrest without...