THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- Free the MBR Beagles
times when staff have entered and left the site together and the injunction and its exclusion zone has assisted them. Similarly, there have been times (during the winter months) where they entered and left with no protester activity. Finally, it is my observation that there is a corelation between animal movements and periods directly afterwards where protest activity intensifies and at these moments the conditions of the injunction have assisted MBR staff to enter and leave the site whilst still allowing the rights of the protesters to be exercised. 15. Police activity – the gold strategy articulates that the constabulary will take a balanced position whereby protest activity that occurs in a way that it is peaceful (with some civil disobedience tolerance) is permitted whilst ensuring the rights of those engaged in a lawful business are not infringed. 16. If substantive offences are committed, then a proportionate policing response will be delivered. The policing style is reasonable to the situation, based on an approach of ‘no surprises’ delivered in a ‘normal policing’ context; whilst remaining impartial and accountable in law. The crime data within the informational table demonstrates this being our approach. It will also show that several offenders have been taken through the criminal justice system during which time restrictions were placed on their movement/ability to attend the site. On some occasions these restrictions have had an impact on protest behaviour of those still at the site. 17. Similarly, it is clear from conversations that officers have had whilst engaging with protesters and on reading comments on social media sites that promote their ideology, that many of the protesters are aware of the injunction, its restrictions and implications meaning that its existence has had an impact on their behaviour. 18. The data shows that from 20/12/2019 until 20/08/2021 when the first interim injunction was granted there were a total of 124 incidents recorded plus 30 to other locations which are associated with this issue. From 1 April 2021 – [to] date (05/06/2022) there are a total of 240 incidents recorded that the Police have attended. From 20/08/2021 to the 10/11/2021 when the exclusion zone was imposed there were 51 incidents recorded for MBR Acres location only. Then from the 10/11/2021 to date (05/06/2022) a total of 56 Incidents have been recorded for this period.” 49. Superintendent Sissons explained the policing response to the protest activities as follows: 19. One of the policing objectives within the gold strategy is to provide a lawful and proportionate policing response to the ongoing protests, balancing the needs and rights of the protesters and those impacted by the protest. My rationale being: Freedoms of assembly and expression are key elements to protest and are fundamental to our democracy. Whilst I acknowledge that policing a protest is complex; it is vital that our response is reasonable, balancing the rights of all involved. 20. It is for this reason that police attendance has varied greatly during the twelve-month period dependent on the risks and threats posed. There is a series of weekly meetings where the police review/assess incidents, crimes,
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