The violence in Bristol is unacceptable.

As I have said repeatedly over recent weeks, the right to *peaceful* protest should be protected and every attempt to diminish it should be opposed - *peacefully*.
The bill which this protest is supposedly about won’t make a jot of difference to violent protest, which is already unlawful and unprotected by human rights law.

The bill is troubling because it could criminalise a wide range of *peaceful* protests.
I appreciate there has been a lot of confusion about what the Police, Crime, Sentencing and Courts Bill is going to do.

Key to understand is police *already* have powers to impose conditions on protests if "necessary to prevent disorder, damage, disruption or intimidation".
The new powers would allow conditions to be imposed if

*noisy enough*

to cause “intimidation or harassment” or “serious unease, alarm or distress” to bystanders."

So more focused on peaceful protests, not violent protests
I discuss this and other implications of the bill in this Sky News interview (Parts 1 to 3 in the thread)

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More from @AdamWagner1

22 Mar
🚨The regulations for the next few months of Covid-19 restrictions are here

The Health Protection (Coronavirus, Restrictions) (Steps)
(England) Regulations 2021

Some big changes, including "Steps" (not tiers!) and the first proper holiday ban

(thread)

legislation.gov.uk/uksi/2021/364/… Image
First thing to say: this is another completely new system.

We have had national restrictions, local restrictions by separate regulations, the first lot of Tiers (1-3), a second national lockdown, new Tiers (1-3+) then Tier 4 added, third national lockdown

Now we have… Steps.
So, instead of being 4 tiers, there are 3 “steps”.

Step 1 is the most severe (confusingly as Tier 1 was the least severe)

Steps work like the Tiers, in that they apply to specific areas.

But at the moment, all we know is that Step 1 applies to all of England from 29 March Image
Read 37 tweets
21 Mar
Good thread.
Covid is almost the perfect example of where a public inquiry would be good for society:
- Hugely complex issue,
- politically charged so judicial approach an advantage
- a decade until the next (likely) pandemic so thorough process both possible and useful
- the idea that a public inquiry would be ‘too costly’ seems odd in this context where mistakes likely led to tens of thousands of lives lost *and* billions lost from economy
- Ultimately, the litmus test is whether the people who are saying “let’s move on and not rake over the coals” are the very people who are likely to be in the crosshairs from an inquiry.
- with power comes responsibility and scrutiny cannot be avoided forever
Read 4 tweets
19 Mar
Mr Justice Holgate's judgment in the @ReclaimTS Judicial Review interim hearing from last Friday has been published.

Paragraph 24 is key and couldn't be clearer.

Any police force with a policy which bans all protest would be acting unlawfully

judiciary.uk/wp-content/upl…
The Metropolitan Police statement does not reflect the judgment
The Mayor of London's statement is even worse
Read 4 tweets
19 Mar
This is just wrong - legally. Protest has not been banned in total under the current lockdown. See the judgment of Mr Justice Holgate in the @ReclaimTS case from last Friday. Should be published this afternoon
Here is the judgment - just published. I suggest @SadiqKhan and the @metpoliceuk read paragraph 20 (Mr Thomas was the barrister for the Met Police

crimeline.co.uk/wp-content/upl…
Also paragraph 17

"He also submits, correctly, that it is inappropriate to treat the 2020 Regulations as if they give rise to a blanket prohibition on gatherings for protest"
Read 6 tweets
19 Mar
Crucial intervention by the @HumanRightsCtte on the right to protest, human rights and the lockdown. New report just published

Basically, says that the legal position in relation to protest is too unclear and must amended urgently.

committees.parliament.uk/publications/5…

(short thread)
(I should point out that although I am specialist advisor to this inquiry I had no part in this report - as it happens my year long post ends today)
The Committee makes the important point that the regulations are very unclear as to how powers of enforcement can be used against protest (this point was not addressed in the Dolan case but does raise the possibility the regulations are not compatible with Article 11)
Read 12 tweets
16 Mar
Judgment out: Elliott's appeal against HS2 allowed on sentence, halved from 6 to 3 months (suspended) because judge's starting point was too high and did not properly take into account the "Cuadrilla discount" for people engaged in civil disobedience bailii.org/ew/cases/EWCA/… Image
Heather Williams Q.C. of @DoughtyStPublic led me, instructed by Nicola Hall @RobertLizarLaw.

Disappointed other grounds (boundaries & knowledge of order) refused but important Court of Appeal cemented principle that non-violent protesters treated more leniently in sentencing.
Also credit to @Kirsty_Brimelow (leading me and Richard Brigden) for establishing the "Cuadrilla principle" in that other important Court of Appeal case from last year - including a quote from John Rawls who I think was the philosopher who led me into law bailii.org/ew/cases/EWCA/… Image
Read 6 tweets

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