Rights of free speech and assembly violated by police

Regina (Laporte) v Chief Constable of Gloucestershire Constabulary HL TLR 14 December; NLJ 5 January

Jane Laporte with 120 other anti-war campaigners were stopped from attending a protest at RAF Fairford in March 2003 a few hours before the base was to be used for bombing raids on Iraq. The police stopped their coaches, made the campaigners reboard, sealed the doors and escorted them back to London. Although the High Court and the Court of Appeal had ruled that the forced return to London was unlawful, they approved of the police’s decision to turn the campaigners back. The House of Lords has unanimously ruled that the human rights of the campaigners were violated when they were prevented from attending a lawful protest. Peaceful protest can only be prevented in the most extreme circumstances. Although the police had a duty to prevent a breach of the peace, no such breach was about to occur. The action of the police failed the Convention test of proportionality because it was premature and indiscriminate. The campaigners’ human rights of free speech and assembly had been violated.