Austin & Ors v United Kingdom

Police use of so-called "kettling" tactics to contain crowds at Oxford Circus during violent demonstrations in London on May Day 2001 did not breach Article 5 of the ECHR, the Grand Chamber of the European Court of Human Rights has held.

In the first case in which the Strasbourg Court has ever considered the application of Article 5 to the policing of violent demonstrations, Lois Austin and three other applicants alleged that their containment at Oxford Circus, for between 5½ and 7 hours, amounted to an unlawful deprivation of their liberty.  The Grand Chamber, emphasising that the police had no alternative but to impose an absolute cordon if they were to avert a real risk of serious injury or damage, found that “the imposition of an absolute cordon was the least intrusive and most effective means to be applied”, and did not therefore violate the ECHR.

Lord Pannick QC and James Segan acted for the United Kingdom.

Iain Steele acted for the Applicants.