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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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The Protest Handbook 2nd ed

ISBN13: 9781526514004
Previous Edition ISBN: 9781847669810
To be Published: November 2020
Publisher: Bloomsbury Professional NYP
Country of Publication: UK
Format: Paperback
Price: £60.00

"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'

Human Rights and Civil Liberties, Criminal Law, Police and Public Order Law
Chapter One
Police powers
Police station procedure
Chapter Two – Court Procedure
First appearance at the magistrates court
Trial procedure
Abuse of process
Chapter Three – 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
Harassment and intimidation
Location specific offences and byelaws
Online offences
General defences
European Convention on Human Rights
Chapter Four – Occupations
What is an occupation?
Criminal law
Civil law
Chapter Five - Injunctions
Chapter Six – Holding the police to account
Choice of remedy
Civil action
Judicial Review