The Protest Handbook – The definitive guide to protest law for campaigners and their advisers

“It is a pleasure to welcome a book such as this; one that compendiously sets out the law relevant to protest. It will no doubt become a standard resource for campaigners and their advisers.”

Shami Chakrabarti and James Welch, Liberty (the National Council for Civil Liberties), from the Foreword to the book.

The Protest Handbook CoverThe Protest Handbook is a clear and accessible guide to protest law and the only handbook available that exclusively covers both the criminal and civil aspects of this area of the law.

Guiding practitioners and non-practitioners through the process from beginning to end, The Protest Handbook is presented in five clear chapters that relate to each stage of a potential case.

The chapters include practical assistance in line with protesters’ experience of attending demonstrations, the chronological structure of a case, relevant areas of substantive law in sections that cover groups of similar offences, the topical issue of the law relating to occupations and remedies available where protesters’ rights have been infringed.

Drawing together all relevant provisions, this handy volume ensures relevant authorities are complete and cross-referenced, thus making the whole area of the law easy to research and digest. It covers the new DPP Guidance on charging protesters, plus the following list of legislation, case law and more:

  • Austin v UK, ECtHR Grand Chamber, Judgment 15th March 2012
  • Police Reform and Social Responsibilities Act 2011, ss141-149
  • Police (Conduct) Regulations 2008
  • R v Jones and others (2007) 1 AC 136
  • R (LaPorte) v Chief Constable of Gloucestershire (2007) 2 AC 105
  • Police (Complaints and Misconduct) Regulations 2004
  • Police Reform Act 2002
  • Criminal Justice and Public Order Act 1994
  • Public Order Act 1986
  • Police and Criminal Evidence Act 1984
  • European Convention on Human Rights

Most helpfully, to assist practitioners in staying up to date on protest law, an online updating service, www.theprotesthandbook.com, provides purchasers of the book with updates on developments in the law that can be cross-referenced with the text.

“The essential guide for all who support protests and protesters… This book will almost certainly emerge as a landmark text which offers a guide to the legal issues involved, including police powers, human rights, criminal law, the legality of administrative action and elements of land law and more.”  Phillip Taylor MBE, 2012

The Protest Handbook is an essential title for all barristers and solicitors who work in criminal practice, as well as charities, organisations and community groups that provide advice and support for protests and protesters.

Tom Wainwright and Anna Morris are barristers at Garden Court Chambers, Owen Greenhall is a barrister and former member of the ‘Climate Camp’ legal team and Katherine Craig is a solicitor at the leading human rights firm, Christian Khan.

All four are committed protest lawyers with a strong reputation and wide experience in protecting and upholding the rights of protestors, particularly their rights under the European Convention on Human Rights.

“But the law remains a labyrinth both for those who organise and take part in demonstrations and for those who must advise them. It is therefore a pleasure to welcome a book such as this; one that compendiously sets out the law relevant to protest. It will no doubt become a standard resource for campaigners and their advisers. Those that are well-informed will be better able to challenge the actions of the police and others who overstep the mark and seek to suppress the hard-won democratic right to peaceful dissent.”

Shami Chakrabarti and James Welch, Liberty (the National Council for Civil Liberties)

CONTENTS:

Chapter 1 Powers, rights and procedure: Police powers at protests; At the police station;

Chapter 2 Criminal court procedural issues: First appearance at the magistrates’ court; Disclosure; Summary trial procedure; Abuse of process; Appeals;

Chapter 3 Common offences and defences: Assaulting/resisting/obstructing a police officer in the execution of their duty; Aggravated trespass; Criminal damage; ‘Public order’ offences; Failing to comply with orders; Breach of the peace; Obstruction of the highway; Miscellaneous offences; General defences; European Convention on Human Rights;

Chapter 4 Occupations: What is an occupation?; Criminal law; Civil law; Injunctions;

Chapter 5 Holding the police to account: Which remedy?; Funding complaints and civil actions against the police; Complaints against the police; Civil actions against the police; Judicial review proceedings

The Protest Handbook covers the new DPP Guidance on charging protesters, plus the following list of legislation, case law and more:

  • Austin v UK, ECtHR Grand Chamber, Judgment 15th March 2012
  • Police Reform and Social Responsibilities Act 2011, ss141-149
  • Police (Conduct) Regulations 2008
  • R v Jones and others (2007) 1 AC 136
  • R (LaPorte) v Chief Constable of Gloucestershire (2007) 2 AC 105
  • Police (Complaints and Misconduct) Regulations 2004
  • Police Reform Act 2002
  • Criminal Justice and Public Order Act 1994
  • Public Order Act 1986
  • Police and Criminal Evidence Act 1984
  • European Convention on Human Rights

Bibliographic detail

ISBN: 978 1 84766 981 0
Publication Date: Apr-12
Format: Paperback
Availability: In print
List price: £50