Conspiracy: An Alarming Response to Peaceful Protest?. (December 2017)

• Record Type: Journal Article
• Authors: Thirlaway, Vicky
• Is Part Of: Journal of criminal law. Volume 81:Number 6(2017)
• Page Start: 455
• Page End: 466
• Publication Date: 2017-12
• Subjects: Public order -- Conspiracy -- Freedom Of Association and Assembly -- Protest; Criminal law -- England -- Periodicals; Criminal law -- Wales -- Periodicals; 345.42
• DOI: 10.1177/0022018317749399
• Languages: English
• ISSNs: 0022-0183

Abstract

The proliferation of statutory and common law powers that can be utilised to manage and control public protest gives the police a wide range of options to in any given scenario and requires a careful balance to be struck between the maintenance of order and facilitation of convention rights. This paper discusses a novel use of the criminal law of conspiracy and considers the potential benefits of this approach and the ramifications for the protection of convention rights. It is submitted that the controversial use of the criminal law against Chinese dissidents in the UK was perhaps a result of the law of unintended consequences arising from the development of a body of law that has been piecemeal and reactive.