Sarah Everard / Reclaim These Streets vigil: We're waiting at the High Court to see if the organisers' challenge to the Met Police's ban on tomorrow's event, under Covid regulations, will lead to a full hearing in court.
The challenge could be dealt with "on the papers" - so a judge reads the case for and against and gives their view. It could be a full hearing in open court. Or it could be resolved out of court, if Scotland Yard were to change its mind.
The issue for a judge looks simple: Do police have the power to ban the vigil in south London, under the Covid regulations? But it's more complicated than that.
The lockdown law says we need a "reasonable excuse" to leave home. But there's no fixed list as to what's a reasonable excuse. The law gives examples of reasons to leave home - but they're not exclusive. You could come up with others.
And on top of that, it's silent on whether "public protest" is, or is not, a reasonable excuse to leave home.
That's why @ReclaimTS and their team say the Met must rethink the ban and consider the legal *right* that people have to make their voices heard, in remembering Ms Everard and the many, many other women who are victims of violence.
Those rights to free speech and assembly, enshrined in the Human Rights Act, are not a trump card. But the police must always show they have considered them, when looking at whether it's strictly necessary to restrict a demonstration.
But it doesn't end there ! (Sorry had to go and take some calls)
Just suppose you're confident you have a reasonable excuse to leave home. There's the separate question of "participation in gatherings"...
Just suppose you're confident you have a reasonable excuse to leave home. There's the separate question of "participation in gatherings"...
Under the lockdown, outdoor gatherings are banned - although there are some clear exceptions because of the necessities of daily life.
But the ban arguably conflicts with the law's examples of reasonable excuses to leave home - such as the right to take part in industrial action
But the ban arguably conflicts with the law's examples of reasonable excuses to leave home - such as the right to take part in industrial action
And there's an additional issue for organisers of a gathering. They face £10k fines.
(Conclusion: It's 3D Space Chess - and then some - and I can't fit it all into 90 seconds on air.)
(Conclusion: It's 3D Space Chess - and then some - and I can't fit it all into 90 seconds on air.)
• • •
Missing some Tweet in this thread? You can try to
force a refresh
