R (on the application of Laporte) v Chief Constable of Gloucestershire
[2007] 2 AC 105
判决理由
Police may only take preventive action (such as stopping and turning back coaches of protesters) where a breach of the peace is imminent. The action must be proportionate and necessary. Pre-emptive action taken too far in advance of any anticipated breach is unlawful.
事实
Police stopped coaches carrying protesters heading to RAF Fairford during the Iraq War. The coaches were escorted back to London without allowing the passengers to alight. Ms Laporte, one of the passengers, challenged the legality of the police action.
判决摘要
The House of Lords held the police action was unlawful. While police have powers to prevent breaches of the peace, the threshold is that a breach must be imminent. There was no imminent breach at the point the coaches were stopped. The police response was also disproportionate.
关键引述
"The common law power to take preventive action is confined to situations where a breach of the peace is imminent."
— Lord Bingham
后续处理
Applied in Austin v Commissioner of Police [2009] regarding police kettling powers.