Planning to protest? Know your legal rights. Join us at the Cop26 climate strike at Kelvingrove Park on 5 November, Glasgow

We at Scullion LAW are committed to sustainability and we all want to do our bit to protect the earth, our health and the environment. Every little helps and we each have our own part to play. Could you make greener choices and decisions? Is there more you could do in your homes/ offices/ communities?

We must collectively act now before it is too late.

Scotland as we are all aware, was one of the first countries in the world to declare a climate emergency as we are already seeing the impact of climate change here. It is a real threat that we all face. With COP26 coming to Glasgow it is an excellent opportunity for us to let the world see that we are taking positive steps to protect our planet for future generations. We owe it to our kids, our nephews, our nieces… ourselves. We must take urgent collective action now.

As such a few of us from Scullion LAW shall be joining the FFF protest at Kelvingrove Park on 5 November 2021 at 11am to show our support for the COP26 Climate Strike.

This is a landmark event. 

As such we wanted to let you know your rights to legitimately protest so that you can stay on the right side of the law.

The Human Rights Act 1998

Article 11: Freedom of assembly and association

  1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
  2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the state.

Article 11 protects your right to protest by holding meetings and demonstrations with other people

Are there any restrictions to this right?

There are some situations where a public authority can restrict your rights to freedom of assembly and association.

This is only the case where the authority can show that its action is lawful, necessary and proportionate in order to:

  • protect national security or public safety
  • prevent disorder or crime
  • protect health or morals, or
  • protect the rights and freedoms of other people.

Action is ‘proportionate’ when it is appropriate and no more than necessary to address the issue concerned.

Hopefully you do not need us but if you do Lucy our Criminal Solicitor will be on call 0141 374 2121

Police presence

The police are there to keep us all safe.

If you encounter the police, please remain calm and engage in polite dialogue whilst exercising your right to protest.

If you consider you are receiving an adverse and unjust reaction to your manner of protest, remember the following:

To arrest you the police need reasonable grounds to suspect you’re involved in a crime. You have a legitimate right to protest in a lawful manner. 

The police can arrest you because:

  • you’re suspected of committing a crime, and the police want to question you about it
  • they have enough evidence to charge you with the crime

The police have powers to arrest you anywhere and at any time, including on the street, at home or at work.

 

The police arrest procedure

If you’re arrested the police must:

  • identify themselves as the police, especially if they are not in uniform
  • tell you that you’re being arrested
  • tell you the crime they think you’ve committed
  • explain why it’s necessary to arrest you
  • tell you that you don’t need to say anything other than giving your name, address, date and place of birth and nationality

The police have powers to search you when you’re arrested.

Police powers to use reasonable force

If you try to escape or become violent, the police can use ‘reasonable force’ such as holding you down so you can’t run away or handcuffing you. 

At the police station – knowing your rights

At the police station you can request a copy of the Letter of Rights in any language so that you know what to expect and what information you have a right to access.

We are here to help you if you find yourself needing court representation. 

Here is some additional information for anyone under the age of 18 who is keen to protest shared from the Children and Young People’s Commissioner Scotland.

https://www.cypcs.org.uk/wpcypcs/wp-content/uploads/2021/10/Your-Human-Rights-at-Protests.pdf

Thank you for reading. Take care, protest peacefully and stay safe during #COP26Glasgow.

 

 

 

 

 

 

 

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Email: info@scullionlaw.com

130 Saltmarket
Glasgow
G1 5LB
0141 374 2121

105 Cadzow St
Hamilton
ML3 6HG
01698 283 265

730 Dumbarton Road
Glasgow
G11 6RD
0141 374 2121

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