5th July 2011
Could Kettling Be Going?
Mark Hanson
There have been some very encouraging developments recently regarding the police practice of “kettling”, the method by which demonstrators are contained in impromptu imprisonment due to their presence at a protest and the concurrent presence of a minority of suspected trouble-makers.
Today has seen the start of a case brought by three teenagers for a judicial review into the commonplace police tactic. Adam Castle, 16, his sister Rosie, 15, and Sam Eaton, 16, have brought the case after they were detained in a kettle without access to basic amenities during the student protests last November.
There is also a case pending hearing at the European Court of Human Rights (EcHR), which dates back to 2001. Lois Austin, who was detained at an anti-globalisation protest in Oxford Circus, has so far been thwarted in her search for justice, as the House of Lords ruled six months ago that the detention was lawful due to the situation on the ground. She has, however, now taken the case to Europe, and a hearing is expected soon.
Liberty, the human rights organisation, has reported that during the anti-cuts demonstration in March of this year the senior officers kept the prospect of kettling as an ever-present option. Writing on Left Foot Forward, Isabella Sankey, the Director of Policy, said:
“Encouragingly, the official march was generally peaceful and the police response was, on the whole, proportionate. However, our concerns over officers’ continual focus on the practice of ‘kettling’ still very much remain.
The simple fact is that the fatally flawed tactic of kettling human beings in difficult situations only makes things worse.....
.... Not only does trapping peaceful protesters alongside more aggressive elements raise the temperature further, it often puts law-abiding demonstrators at additional risk from which they are powerless to defend themselves. Normally, if trouble erupts at a protest you can move away to safety - but not if the police are holding you there in a kettle.”
Liberty acted as official observers during the TUC anti-cuts march.
It must be hoped that the draconian method of crowd control, which is indiscriminate, oppressive and counter-productive, be ruled illegal by the higher authorities. The High Court has already ruled that the kettling of 5000 protesters during the 2009 G20 demonstrations was illegal, and it is possible that thousands could sue the Metropolitan Police. The Guardian reported:
“The judges heard police used the tactic of mass detention against protesters that they accepted were peaceful, with officers meting out punches to the face, slaps and shield strikes as they tried to move a demonstration against climate change.
Judges found that the force used by police was "unjustified", criticised "imprecise" instructions given by senior officers about releasing innocent people, and said the mass detentions for five hours were an unlawful deprivation of liberty under article 5 of the European convention on human rights.
The case was brought by Josh Moos and Hannah McClure, who were among the crowd held by police.”
The High Court decision, though, is specific to the case and does not mean that the tactic has been ruled illegal. We shall depend on the current cases to see if this policy is sent to the past.
Yet the hope is strong that the practice may soon be declared illegal.
