The Law of Public Order and Protest by Peter Thornton QCThe Law of Public Order and Protest by Peter Thornton QC

The Law of Public Order and Protest

byPeter Thornton QC, Ruth Brander, Richard Thomas

Hardcover | April 18, 2010

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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 Organised Crime and Police Act 2005 and the Anti-Terrorism, Crime and Security Act 2001 has been enacted, and established legislation on trespass, criminaldamage and the use of the highway, has been put to new use in the criminalisation 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, analysing the underlying legal principles and constitutional and human rights background, as well as guidingreaders through all procedural matters, the use of police powers, evidential issues, defences, and available orders (including ASBOs). The narrative also analyses 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 offences. It features offences from riot and affray, through to picketing, harassment, aggravated trespass, incitement to racial and religious hatred, and possessionoffences. It is up to date with the latest legislative interventions, including the new offence of glorifying terrorism, and measures introduced under the Serious Organised Crime and Police Act 2005. This new work steers you through the maze of legislation in this complex area.
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 Guid...
Title:The Law of Public Order and ProtestFormat:HardcoverDimensions:472 pagesPublished:April 18, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199566143

ISBN - 13:9780199566143


Rated 5 out of 5 by from Fond of Protest? YOU’RE NOT ALONE, BUT BE WARNED, THERE MIGHT BE A LAW AGAINST IT. 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.
Date published: 2010-06-10

Table of Contents

1. The Public Order Act 1986 - Offences2. Other Public Order Offences3. Processions, Assemblies, and Meetings4. Use of the Highway5. Trespass to Land6. Police Powers before Arrest7. Arrest, Detention, and Bail8. Defences of Excuse and Justification9. Punishment, Appeals, and Restrictive Orders10. Human Rights