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The Protest Handbook, 2nd Edition

The Protest Handbook, 2nd Edition

Author: Tom Wainwright; Anna Morris; Katherine Craig; Owen Greenhall
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526514004

Previous Edition ISBN: 9781847669810
Published In: December 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 909.87

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Author

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"We need to get angry, and transform that anger into action." Greta Thunberg

Extinction Rebellion, Brexit, Trump. cocktail of political, social and environmental factors has once again brought the right to protest to the fore. More and more people are taking to the streets for the first time and hundreds are finding themselves under arrest or in the unfamiliar surroundings of the courtroom. Following drastic cuts to legal aid, many find themselves without legal representation and are forced to navigate the bewildering court system alone. Even when legal assistance is available, most solicitors and barristers do not have the specialist knowledge and experience required to fully and fearlessly defend these cases.

Guiding practitioners through the process from beginning to end, the book is presented in six 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.

The second edition has been updated to include:

Developments in case law including reducing the impact of Article 10 and limiting the availability of the defence of necessity
How the trends in protests and policing have changed – occupations and kettling are not as common as they were, direct action and injunctions have increased
The growth of social media which has led to more digital protests and the development of 'hacktivism'

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

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.