The Law of Public Order and Protest / Edition 9

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The landscape of public order law has changed dramatically over the last decade. A wide range of legislation - including the Serious Organized Crime and Police Act 2005 and the Anti-Terrorism, Crime and Security Act 2001 has been enacted. Which has established legislation on trespass, criminal damage and the use of the highway, and has been put to new use in the criminalization of protestors.

The Law of Public Order and Protest provides a systematic, in-depth analysis of the law relating to public order and the right to protest. The text provides a comprehensive guide to the area, analyzing the underlying legal principles and constitutional and human rights background, as well as guiding readers through all procedural matters, the use of police powers, evidential issues, defences, and available orders (including ASBOs). The narrative also analyzes the case law in both the domestic and European human rights context.

The comprehensive work examines all offences brought in by statute since the Public Order Act 1986 as well as the remaining common law offenses. It features offenses from riot and affray, through to picketing, harassment, aggravated trespass, incitement to racial and religious hatred, and possession offences. It is up to date with the latest legislative interventions, including the new offense of glorifying terrorism, and measures introduced under the Serious Organized Crime and Police Act 2005. This new work steers you through the maze of legislation in this complex area.

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Product Details

  • ISBN-13: 9780199566143
  • Publisher: Oxford University Press, USA
  • Publication date: 6/7/2010
  • Edition number: 9
  • Pages: 472
  • Product dimensions: 6.90 (w) x 9.80 (h) x 1.40 (d)

Meet the Author

HHJ Peter Thornton QC is a Senior Circuit Judge, sitting at the Central Criminal Court. He was latterly Joint Head of Chambers at Doughty Street, and was a top-ranked criminal silk. He is on the board of the Criminal Law Review and is author of (the now out of print) Public Order Law, was joint editor of The Penguin Civil Liberty Guide, and wrote Decade of Decline: Civil Liberties in the Thatcher Years. Ruth Brander (call 2001), is a barrister at Doughty Street Chambers. She practices in crime and public law, prisoners' rights, civil actions against the police and inquests. Ruth has a particular interest in the rights of vulnerable, young or mentally disordered defendants and detainees. She also specializes in representing political protesters in domestic criminal trials. She is a contributor to Human Rights in the Investigation and Prosecution of Crime (OUP forthcoming Oct 2009).
Richard Thomas (call 2002), is a criminal barrister at Doughty Street Chambers. Richard practices in all areas of criminal law; as a trial and appellate advocate and in related public law proceedings. As a trial advocate, he has been instructed in cases of fraud and money laundering, attempted murder and other allegations of serious violence, the importation of Class A drugs, and rape and other sexual offences. As a lead junior he has appeared for the defence in cases of murder, substantial multi-million pound banking frauds, and drug importation cases involving international cartels. He is a contributor to Human Rights in the Investigation and Prosecution of Crime (OUP forthcoming Oct 2009). David Rhodes (call 2002), is a criminal barrister at Doughty Street Chambers. David is a specialist criminal defence advocate. He has a busy practice in the Crown Court as trial counsel alone and as a led junior across the full spectrum of offences including murder, serious violence, kidnapping, blackmail, armed robbery, drugs supply and importation, immigration offences, public disorder and offences of dishonesty. He also has experience of taking cases to the Court of Appeal. He is a contributor to Human Rights in the Investigation and Prosecution of Crime (OUP forthcoming Oct 2009). Mike Schwarz is a Partner in the Criminal Law team at Bindmans LLP. He has a leading criminal defence practice and his cases frequently include a civil liberties or public order law angle. He advises and trains national campaigning organizations on criminal and public order law, and regularly appears in the specialist and mainstream broadcast media.
Edward Rees QC is a leading criminal law specialist at Doughty Street Chambers. He has appeared in numerous public order and protest cases over many years; ranging from the Bristol St Paul's riot trial, the Orgreave Miners' riot trial and the Broadwater Farm riot trial (R v Silcott) in the 1980's through to the present day and R v Ayliffe (Greenpeace 'Barry Thirteen') in 2005 and R v Olditch and Pritchard (RAF Fairford trespass) in 2007. He is an Honorary Fellow in Criminal Process at the University of Kent. He co-authors the Blackstone's Guide to the Proceeds of Crime Act 2002 (3rd edition, OUP, March 2008) and contributes annual chapters of Blackstone's Criminal Practice.

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Table of Contents

1. The Public Order Act 1986 - Offences
2. Other Public Order Offences
3. Processions, Assemblies, and Meetings
4. Use of the Highway
5. Trespass to Land
6. Police Powers before Arrest
7. Arrest, Detention, and Bail
8. Defences of Excuse and Justification
9. Punishment, Appeals, and Restrictive Orders
10. Human Rights

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  • Posted June 10, 2010

    more from this reviewer

    Fond of Protest?


    An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

    You're not a lawyer? Don't worry. You'll find this readable and scholarly volume by Peter Thornton QC and his team a topical and fascinating read. If you are a lawyer, run out and buy this book. You never know in this turbulent age of protest and dissent, when you're going to need it.

    It is an account of public order law; illuminating, informative and carefully structured for ease of use. Public order, as pointed out in the preface, is generally reactive; reacting, or responding to problems of disorder and violent unrest which have recently occurred - the Fascist marches of the1930s, for example.the Southall riots of 1979.the Brixton disorders of 1981.the poll tax of 1990.and so on, including protests over wars, from Viet Nam to Iraq, Afghanistan and Gaza.

    Whether you agree or disagree with whatever contentious issue is being protested about, protest nonetheless remains an option, an avenue of communication if you like and in a democratic society, an inalienable right; 'the lifeblood of democracy,' a senior judge has called it. Protest of course occurs at the local level too. Usually it's about creeping urban blight, daft planning decisions and perceived threats to health, from everything from big, ugly buildings designed by famous architects, to mobile phone masts, airport expansions, intrusive motorways and a host of other causes.

    Since the author wrote Public Order law in 1987, an amazing number of new public order measures have been created, to some considerable extent brought about by the phenomenon of burgeoning terrorism. 'There is a trend, driven by political will,' warns the author, '.to keep making more law without codification, of apparent thought for the adequacy of existing powers. 'The primary aim of this book -- which it accomplishes admirably -- is 'to guide the lawyer student and citizen through the maze.' And a maze it certainly is, although note that the January 2010 publication date of the book precedes the UK general election of May 6th 2010. The new Conservative-Lib Dem coalition now in power will no doubt review much of this legislation. Watch out for changes here in response to continuing events.

    Areas covered by this important book's expert team include: the Public Order Act 1986.Processions, Assemblies and Meetings.Use of the Highway.Trespass to Land.Police Powers Before Arrest.Arrest, Detention and Bail.Defences of Excuse and Justification.Punishment, Appeals and Restricting Orders.and Human Rights. In all, you have the benefit of over 500 useful pages, including Tables of Cases, Statutes.Secondary Legislation and International Legislation - the resources you need to guide you through this fascinating and complex area of law.

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