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Elon Musk and Rupert Lowe - playing tag for the ENGLISH.
This is great work by these two and I will be going through some protest laws, bail laws, dispersal orders that can be unlawful. Tommy after using this was found not guilty. He published this then deleted it, then employed a barrister who used exactly this.
Tommy Robinson was as far as I can see unlawfully arrested. unlawful force. Under Anti-social Behaviour, Crime and Policing Act 2014 a section 35 needs to be authorised prior to a section 34 being issued, in any event he had reasonable excuse being a journalist. They should have also had regard for freedom of expression and freedom of assembly set out in articles 10 and 11 of the ECHR as a minimum. There are many other things not least of which English Bill of Rights 1688 also a convention law. There was no injunction previous to that day or on the day, therefore there was no power of arrest as it is a summons only unless an injunction is in place. They could only issue a summons if he refused to leave without reasonable excuse. They could only arrest him if he (unreasonably refused to give his name and address, bear in mind they know who he is and where he lives) refused to give his name and address for the summons. The organisers themselves the police say did not want Tommy Robinson there.
Secondly reasonable excuse;
Public Order Act 2024 Public General Acts 2023 c. 15 Part 1 Exercise of police powers
17 Exercise of police powers in relation to journalists etc
(1) A constable may not exercise a police power for the sole purpose of preventing a person from observing or reporting on a protest.
(2) A constable may not exercise a police power for the sole purpose of preventing a person from observing or reporting on the exercise of a police power in relation to—
(a) a protest-related offence,
(b) a protest-related breach of an injunction, or
(c) activities related to a protest.
(3) This section does not affect the exercise by a constable of a police power for any purpose for which it may be exercised apart from this section.
(4) In this section—
“injunction” means an injunction granted by the High Court, the county court or a youth court;
“police power” means a power which is conferred on a constable by or by virtue of an enactment or by a rule of law;
“protest-related breach”, in relation to an injunction, means a breach which is directly related to a protest;
“protest-related offence” means an offence which is directly related to a protest.
Thanks to anonbiker for pointing out the relatively new legislation on journalists at protests.
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