LONDON, UNITED KINGDOM – 02.04.09. A City of London police inspector orders the media to leave the area as police ‘kettle” protesters outside the Bank of England on Thursday 2 April 2009 in London, England. The police officer ordered members of the media to leave the area for 30 minutes under the threat of arrest by citing Section 14 of the Public Order Act 1986. The protesters had congregated to mark the death of a man who had died on an anti-G20 protest the day before. (Photo by Marc Vallée/marcvallee.co.uk) (c) Marc Vallée, 2009.
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“Police apologise for obstructing photographers at G20 protest” – The Guardian.
“We were wrong, says the Met” – British Journal of Photography.
“Metropolitan Police apologises to photographers for use of Public Order Act” – British Journal of Photography.
“Press associations weighing options after G20 police abuses” – British Journal of Photography.
The police “apologise” for obstructing photographers (including me) on a protest outside the Bank of England on the 2 April 2009. But why did the police use Section 14 of the Public Order Act 1986 against a group of working journalists? Why did the police want the journalists to be moved away from the protest for 30 minutes and 200 yards up the road? Why did the police threatened to arrest the journalists? Why did a journalist get told to shut up when questioned why the Public Order Act was being used in this way? And why was the UK Press Card ignored?
Audio and film footage of this incident will be available soon.
Here is the full text of Section 14 of the Public Order Act 1986:
14.—( 1) If the senior police officer, having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held, reasonably believes that—
(a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or
(b) the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do, he may give directions imposing on the persons organising or taking part in the assembly such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to him necessary to prevent such disorder, damage, disruption or intimidation.
(2) In subsection (1) “the senior police officer” means—
(a) in relation to an assembly being held, the most senior in rank of the police officers present at the scene, and
(b) in relation to an assembly intended to be held, the chief officer of police.
(3) A direction given by a chief officer of police by virtue of subsection (2)(b) shall be given in writing.
(4) A person who organises a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(5) A person who takes part in a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(6) A person who incites another to commit an offence under subsection (5) is guilty of an offence.
(7) A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (4), (5) or (6).
(8) A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
(9) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10) A person guilty of an offence under subsection (6) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of the Magistrates’ Courts Act 1980.
