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Adapting to Protest

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Adapting to Protest Inspecting policing in the public interest Her Majesty’s Inspectorate of Constabulary – Adapting to Protest to – Adapting of Constabulary Inspectorate Her Majesty’s ADAPTING TO PROTEST The report is available in alternative languages and formats on request. Her Majesty’s Inspectorate of Constabulary Her Majesty’s Chief Inspector of Constabulary Ashley House 2 Monck Street London SW1P 2BQ This report is also available from the HMIC website http://inspectorates.justice.gov.uk/hmic Published in July 2009. Printed by the Central Office of Information. © Crown copyright 2009 ISBN: 978-1-84726-943-0 Ref: 296834 CONTENTS Summary2 Chapter 1 Introduction 14 Chapter 2 Background 18 Chapter 3 Perceptions of protest at G20 26 Chapter 4 Police preparation and planning for G20 36 Chapter 5 Policing operation on 1st April 2009 48 Chapter 6 Use of force in public order situations 56 Chapter 7 Conclusion 64 AnnexA: Summaryofinterviewees 67 AnnexB: TermsofReference 68 AnnexC: LegalFrameworkforPolicingProtest 70 AnnexD: Timeline 76 AnnexE: IpsosMORISummaryofsurveyresults 81 AnnexF: NatureofDirectionandControlComplaints 91 AnnexG: SummaryofG20/G8summitsandothersignificant anti-globalisationprotests 95 AnnexH: G20ProtestEvents:28thMarch–2ndApril2009 99 AnnexI: Strengthsandconsiderations:Containment,Communication, UseofForce 102 Glossary 105 Her Majesty’s Inspectorate of Constabulary – Adapting to Protest 1 We are in an age where consent cannot be assumed and policing, including public order policing, should be designed to win the consent of the public. WithkindpermissionofCityofLondonPolice 2 Her Majesty’s Inspectorate of Constabulary – Adapting to Protest SUMMARY SUMMARY The 1st April 2009 was a unique day for the Metropolitan Police Service (MPS) and the policing operation that surrounded the G20 summit was highly effective in significant respects. However, tragic events on the day led to a focus on the police approach to protest, notably the use of containment and the manner in which force was used by police. The death of Ian Tomlinson and other individual complaints are being investigated by the Independent Police Complaints Commission (IPCC). This review, conducted at the request of the Commissioner of the MPS, concerns the policing methods used on the day. There are lessons to be learnt and issues that merit early consideration for the policing of future public order events during the remainder of the summer. Context ProtestswereheldintheCityofLondonon the1standthe2ndApril2009tocoincidewith On the 18th December 2008, the MPS was the G20 summit. The scale of the policing askedtobeginplanningthepoliceoperation operationrequiredwasconsiderable–onthe todeliverasafeandsecureenvironmentfor 1stAprilalonetherewere10separate protests 1 the G20 summit that would take place in over seven sites in London, including the LondonattheExCelCentreinApril2009.The ExCel Centre itself. Ensuring the security of very nature and timing of the event meant the ExCel Centre as the main G20 summit thatthepoliceandotheragenciesonlyhad venue inevitably drew considerable police a limited amount of time to prepare the resourceandfocus. security arrangements where the safety of world leaders, including the President of On the 1st April violent confrontation the United States of America, and other between protesters and police occurred at dignitarieshadtobeassured.Thispresented theBankofEnglandandBishopsgate.Police a challenging timescale for planning an were in places required to react to serious operation of this magnitude. In comparison, violence,aswitnessedinvideofootageofan preparation for the G8 summit in 2013 is attackontheRoyalBankofScotland. alreadyunderway.2 1 TheGroupofTwenty(G20)wasestablishedin1999tobringtogetherWorldLeaders,FinanceMinistersandCentralBank Governors. 2 ThelocationoftheG8in2013willnotbedecideduntil2011sothereisnoleadforceyet. Her Majesty’s Inspectorate of Constabulary – Adapting to Protest 3 Theevolutionofcommunicationtechnology area. The police have statutory powers and usedtorecordandaccessimagesofviolent duties in relation to the policing of protest, confrontations between the police and including those set out in the Public Order protestersinfluencedemergingviewsofthe Act1986,theCriminalJusticeandPublicOrder policeoperationon1stApril.Thehighvolume Act 1994, the Criminal Law Act 1967, the ofpubliclysourcedfootageoftheprotests, Police and Criminal Evidence Act 1984, and including the events leading up to the common law powers and duties, including death of Ian Tomlinson, has demonstrated powers to prevent breaches of the peace. theinfluenceof‘citizenjournalists’–members The use of all police powers must be of the public who play an active role in considered in accordance with the Human collecting, analysing and distributing media Rights Act 1998. This requires all public themselves. Consequently, individual and authorities,3includingthepolice,toactina collectivepoliceactionsareunderenormous waywhichiscompatiblewiththerightsset public scrutiny. Following these events, outinSchedule1totheAct,whicharetaken Her Majesty’s Inspectorate of Constabulary from the European Convention on Human (HMIC)wasrequestedbytheMPStoconduct Rights (ECHR), unless primary legislation a review of the policing operation and to requiresthemtoactotherwise.4 test the arguments for and against the use of police public order tactics from public, The ECHR rights incorporated into our legalandoperationalperspectives. domestic law which are relevant to the policing of protest include ECHR Article 2 In some significant respects, the police (the right to life), ECHR Article 3 (the planned and responded effectively to three prohibition on inhuman treatment), ECHR eventualities: security, notified protest Article5(therighttoliberty),ECHRArticle8 and disorder. The police succeeded in (therighttorespectforprivateandfamilylife providingasafeandsecureenvironmentfor andtoahome)andECHRArticles9,10and11 the G20 summit and the activities of the (freedomofreligion,expressionandassembly delegations attending. The ‘Stop the War’ respectively which, taken together, provide march and rally in London on the 1st April arightofprotest). involvingover1,000protesterswasfacilitated by police and passed off without incident. ECHR Article 11 places both negative and Damageanddisruptioncausedbyprotestsin positive obligations on the police. The the City of London to businesses, residents policemustnotpreventorrestrictpeaceful and the general public was also minimised. protest5 except to the extent allowed by In these respects, the police achieved ECHRArticle11(2)(seebelow).Inaddition,the their objectives as intended. Nevertheless police have a duty in certain circumstances the policing operation relating to the City tosafeguardtherighttopeacefulassembly.6 of London protests has been the subject In other words, public authorities, including ofcriticism. the police, are required to show a certain degree of tolerance towards peaceful LeGAL FrAmework For gatherings where demonstrators do not the PoLICInG oF ProteSt engage in acts of violence,7 even if these protests cause a level of obstruction or The majority of protests which take place disruption.Theleveloftolerancethatshould in densely populated cities like London will be extended is likely to be the subject of causesomelevelofobstructionordisruption extensivepublicandpoliticaldebate,which unless they are conducted in a controlled hasmeritinitsownright. 3 Apublicauthorityincludesanybodyexercisingfunctionsofapublicnature. 4 HumanRightsAct1998,ss.6(1)and6(2). 5 Cisse v France(2002)(AppNo.51346/99). 6 Bukta and Others v Hungary(2007)(App.No.25691/04). 7 Oya Ataman v Turkey(2006)(App.No.745452/01). 4 Her Majesty’s Inspectorate of Constabulary – Adapting to Protest SUMMARY However,ECHRArticle11isaqualifiedright, ismeasuredbythesecuritythattheyhaveto which means that the police may impose go about their business free of interference lawful restrictions on the exercise of the fromprotestersoranybodyelse.Inthesame righttofreedomofassemblyprovidedsuch way, opinion is split about the rights and restrictionsareprescribedbylaw,pursueone dutiesofprotestersorthoseaffectedbythe ormorelegitimateaimsandarenecessaryina protestandtheroleofthepolice. democraticsociety(i.e.fulfilapressingsocial needandareproportionate).Thepolicehave Balancing the rights of protesters and other powersunderboththecommonlawandthe citizenswiththedutytoprotectpeopleand PublicOrderAct19868toimposeconditions property from the threat of harm or injury onpublicprocessionsandpublicassemblies. defines the policing dilemma in relation to publicprotest.Inademocraticsocietypoliced PeaceFUL ProteSt And byconsent,planningandactionateverylevel the PoLICInG dILemmA must be seen to reconcile all these factors, particularlywhenaminorityofpeoplemay We should remember that public protests be determined to cause disorder or havebeenpartofBritishpoliticallifeforavery worse. Peaceful protest requires careful long time. Protests are an important safety interpretation of the law. The law is an valveforstronglyheldviews.Inaddition,the important consideration in public order righttoprotestinpublicisasynthesisoficonic events but as Lord Scarman pointed out freedoms:freeassemblyandfreespeech. in relation to maintaining “The Queen’s Peace”, “it is well recognised that successful The preservation and facilitation of those policing depends on the exercise of rights is not new. In introducing the Public discretion on how the law is enforced.” OrderBillof1936SirJohnSimon,Secretaryof The debate on the impact of
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