Section 1 PACE searches at Kingsnorth Climate Camp 2008 - legal update
Climate Camp legal support | 26.07.2009 10:29
The judicial review on the lawfulness of the section 1 PACE searches is progressing really well. The timelimit for other people to file claims is being extended. Anyone searched under s1 at the Kingsnorth Climate Camp may have a good legal claim as a result of this test case.
The judicial review test case challenging stops and searches at Kingsnorth is continuing
and Bindmans are applying for a hearing to allow the Court to consider Kent’s failure to disclose evidence or identify what facts are in dispute. The case has been further strengthened by the release of South Yorkshire’s review of the operation. This is clear evidence that most section 1 PACE searches had no lawful basis.
Go to http://www.kent.police.uk/News/Latest_News/Climate%20camp%20report.html
to read the South Yorkshire report and the NPIA debrief. The key conclusion: "The wide scale deployment of stop and search tactics was both disproportionate and counter productive."
Those who were searched unlawfully under section 1 of PACE will have the basis for legal claims against Kent Police.
Kent Police has, under pressure from Bindmans, agreed that as long as other claims are brought within three months running from when the current judicial review comes to an end, they will not argue those bringing them are out of time (the Human Rights Act normally requires claims to be brought within a year less a day of the rights breach).
Climate Camp will keep you posted as to when the judicial review is resolved so you can
protect your own position and enforce your rights.
Look out your section 1 search forms ready - don't throw them away when you back for this Summer's camp. Those given to the legal team are with Bindmans and if there are up-to-date contact details on a cover slip you will be contacted nearer the time.
and Bindmans are applying for a hearing to allow the Court to consider Kent’s failure to disclose evidence or identify what facts are in dispute. The case has been further strengthened by the release of South Yorkshire’s review of the operation. This is clear evidence that most section 1 PACE searches had no lawful basis.
Go to http://www.kent.police.uk/News/Latest_News/Climate%20camp%20report.html
to read the South Yorkshire report and the NPIA debrief. The key conclusion: "The wide scale deployment of stop and search tactics was both disproportionate and counter productive."
Those who were searched unlawfully under section 1 of PACE will have the basis for legal claims against Kent Police.
Kent Police has, under pressure from Bindmans, agreed that as long as other claims are brought within three months running from when the current judicial review comes to an end, they will not argue those bringing them are out of time (the Human Rights Act normally requires claims to be brought within a year less a day of the rights breach).
Climate Camp will keep you posted as to when the judicial review is resolved so you can
protect your own position and enforce your rights.
Look out your section 1 search forms ready - don't throw them away when you back for this Summer's camp. Those given to the legal team are with Bindmans and if there are up-to-date contact details on a cover slip you will be contacted nearer the time.
Climate Camp legal support
e-mail:
legal@climatecamp.org.uk
Homepage:
http://www.climatecamp.org.uk