Overd & Ors v The Chief Constable of Avon And Somerset Constabulary [2021] EWHC 3100 (QB) (19 November 2021)

Overd & Ors v The Chief Constable of Avon And Somerset Constabulary [2021] EWHC 3100 (QB) (19 November 2021)

The court found that the police had reasonable grounds for suspecting the claimants had committed public order offences based on complaints and crowd volatility, and that the arrests were compatible with Articles 9 and 10 ECHR. The actions taken were proportionate given the risk of imminent disorder. The police were not legally wrong to arrest the claimants rather than deal with the crowd. The judge's findings on necessity and reasonable suspicion were upheld, and no breach of ECHR rights was established in the subsequent incidents.

Citation
[2021] EWHC 3100 (QB)
Parties
Appellant/claimant: Michael Overd; Appellant/claimant: Michael Stockwell; Appellant/claimant: Don Karns; Appellant/claimant: Adrian Clark; Respondent/defendant: The Chief Constable of Avon and Somerset Constabulary
Jurisdiction
England and Wales
Judgment Date
19 November 2021
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Freedom of Expression, Freedom of Religion, Wrongful Arrest, False Imprisonment, Breach of ECHR, Proportionality, Public Order Offences
Human Rights Criminal Law Public Order Police Powers Freedom of Expression Freedom of Religion Wrongful Arrest False Imprisonment +3 more

Case Brief

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Parties

Michael Overd

Appellant/claimant

Michael Stockwell

Appellant/claimant

Don Karns

Appellant/claimant

Adrian Clark

Appellant/claimant

The Chief Constable of Avon and Somerset Constabulary

Respondent/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the claimants' arrests were compatible with Articles 9, 10 and/or 11 ECHR
  2. 2 Whether the arresting officers had reasonable grounds to suspect offences under section 50 Police Reform Act 2002 and section 5 Public Order Act 1986
  3. 3 Whether the police acted lawfully in arresting the claimants rather than dealing with members of the crowd

Ratio Decidendi

The court found that the police had reasonable grounds for suspecting the claimants had committed public order offences based on complaints and crowd volatility, and that the arrests were compatible with Articles 9 and 10 ECHR. The actions taken were proportionate given the risk of imminent disorder. The police were not legally wrong to arrest the claimants rather than deal with the crowd. The judge's findings on necessity and reasonable suspicion were upheld, and no breach of ECHR rights was established in the subsequent incidents.

Court Disposition

appeal dismissed

Orders

  • All claims dismissed
  • No damages awarded