law essay on human rights application in the uk
QUESTION:
The Government have introduced into Parliament the controversial Justice and Security Bill which proposes the introduction of secret trials. Opponents of the Bill believe it will allow Ministers to manipulate the way evidence is withheld in trials, undermining the rule of law and right to a fair trial. Civil rights organisations are planning a protest outside the UK Supreme Court to coincide with the second reading of the Bill. They plan to deploy members to act as bouncers to emphasise that ordinary members of the public and claimants will be kept out of court by the new rules on secret hearings. Members of the organisations will pose as members of the public and be prevented by the bouncers from accessing the Court building. A leading Civil Rights supporter said: “We will never shine a light on abuses of power by turning British courts into secret commissions locked away from victims, the press and public.”
As part of the protest, guest speakers from prominent civil rights organisations have been invited to join the protesters to give speeches of support to the demonstrators in the main square outside court. The Chief Constable of the Metropolitan Police, having been informed of the proposed protest, has today issued a Notice to the organisers of the civil liberty groups, under the Public Order Act 1986. The Notice imposes the following conditions on the proposed demonstration planned for 1st May 2013:-
1) any demonstration to be held between 1st February 2013 and 31st Jan 2014 should be held at least 30 miles from UK Supreme Court building in Parliament Square;
2) the maximum number of demonstrators shall be 10
3) the maximum duration of the demonstration shall be 1 hour;
4) there should be no public speeches;
5) in the event of any counter demonstration or hostility shown during any such demonstration, the Metropolitan Police reserve the right to cancel the demonstration immediately.
A group of about 15 demonstrators which supports the Government and is fiercely ‘anti Civil Rights’ is proposing to try and disrupt the protest wherever it is held.
Advise, giving reasons, whether the Organisers of the protest and/or the members of the civil liberty groups can use the Human Rights Act 1998 to challenge the decision of the Chief Constable.
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