R (Laporte) v Chief Constable of Gloucestershire Constabulary
Case
•
[2006] UKHL 55
•13 December 2006
Details
AGLC
Case
Decision Date
R (Laporte) v Chief Constable of Gloucestershire Constabulary [2006] UKHL 55
[2006] UKHL 55
13 December 2006
CaseChat Overview and Summary
In this case, the House of Lords considered the legal issues surrounding the power of the police to prevent breaches of the peace, particularly in the context of public demonstrations. The central issue was whether the police had the authority to take preventive action against individuals who were not themselves about to commit a breach of the peace but were part of a larger group where some members might be. The claimant, Ms Laporte, had been prevented from reaching a protest at RAF Fairford by being forced off a coach en route to the location. The Lords held that the police did not have the authority to take such preventive action unless the breach of the peace was imminent and attributable to the individual in question. The court found that the police action was not prescribed by law and was disproportionate, particularly as it affected Ms Laporte, who had not shown any intent to breach the peace. The House of Lords allowed the appeal and dismissed the cross-appeal, ruling that the preventive measures taken by the police were unlawful.
Details
Key Legal Topics
Areas of Law
-
Administrative Law
-
Public Order Law
Legal Concepts
-
Preventive Measures
-
Imminence
-
Proportionality
-
Judicial Review
-
Breach of the Peace
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Moylan v Lee [2022] WASC 195
Cases Citing This Decision
12
State of New South Wales v Bouffler
[2017] NSWCA 185
Poidevin v Semaan
[2013] NSWCA 334
R v Tipping
[2019] SASCFC 41
Cases Cited
1
Statutory Material Cited
0
Brooker v Police
[2007] NZSC 30
Brooker v Police
[2007] NZSC 30