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A boy is challenging a curfew/dispersal zone in London where the Metropolitan constabulary have the right to send children under the age of 16 out of the area of Richmond, west London, after 9 o'clock. So the boy went to the Court of Appeal, saying that the curfew breaches human rights.
More young'uns waffling on about human rights being breached, as is always the case...
Um... did you actually read the article ?
Anti-yob laws 'breaching rights'
"Curfew zones" used to reduce yobbish behaviour in south-west London violate innocent youths' rights, say lawyers.
A 15-year-old "model student" is challenging the police's use of dispersal zones in Richmond.
Unaccompanied under-16s found in zones after 9pm can be held and escorted home, whether badly behaved or not.
Lawyers say powers do not distinguish between the innocent and the guilty, while police say they are only used on troublemakers.
Richmond Council says the zones, which are introduced in areas which have a history of harassment and intimidation, reduce anti-social behaviour.
'Reasonable force'
In the High Court on Thursday, Lord Justice Brooke and Mr Justice Mitting heard that "W", who cannot be named due to his age, had never been in trouble with the police.
Javan Herberg, appearing for the teenager, said the zones violated the human rights of "wholly innocent" young people.
He told the court that more than 400 zones had been introduced under the 2003 Anti-Social Behaviour Act. While this case involves Richmond, its implications could be much wider, he said.
There is a real danger of sweeping so-called 'anti-yob powers' demonising an entire generation of mostly decent kids.
Alex Gask
Liberty
In a statement the boy said police should stop people for bad behaviour.
He added: "But they shouldn't be allowed to treat me like a criminal just because I'm under 16."
He wants judges to rule that the zones breach his rights under several articles of the European Convention on Human Rights.
Alex Gask, legal officer for Liberty, which is backing the boy, said: "He rightly objects to laws that would remove his right to walk down the street at 9pm on a summer's evening.
"There is a real danger of sweeping so-called 'anti-yob powers' demonising an entire generation of mostly decent kids."
Richmond Council, along with the Metropolitan Police, has used the zones in Ham, Twickenham and Richmond centre.
The Home Office, backed by lawyers for the police and council, will argue the application for judicial review should be dismissed and says the zones do not breach human rights or common law.
It says the 15-year-old could not bring the claim because he had never been stopped by police inside a dispersal area.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/h...on/4580305.stm
Published: 2005/05/26 16:25:49 GMT
© BBC MMV
Sorry, I got carried away.
Edited appropriately
Its a naff case though, because in fact the law has NOT removed his right to walk down the street. He's perfectly free to walk down the street, albeit the police have a power which they could use to require him to go home.
They use these in my borough. Curiously, the police concentrate on breaking up large rival gangs of youths squaring up for a fight, to the delight of local residents generally, and do not spend their time escorting solitary teenagers home the moment they leave their choir practice.
Unless and until they find a teenager who has been taken home when he was doing nothing but minding his own business Liberty are wasting their money IMHO.
hello, what borough? Doesn't seem to happen too effectively in Hammersmith and Fulham...People at the local sink comprehensive like to troop down to our school entrance and start on people...about 900 people ~DQuote:
Originally Posted by English assassin
Seriously though, Malcom has a point in that these people are always complaining about their rights while accepting no responsibility. What where they thinking when they were being yobbos? And no, I am not being an imperious git, I know a lot of these people ~D
Well to be fair to the kid in question he ISN'T a yobbo. I could see where he was coming from if in fact he had been ordered off the streets. But he hasn't been.
Camden. They use them in the estates round Kings Cross to try to stop Bengali gangs killing Somali gangs killing Pakistani gangs etc etc cont. ad infinitum. Usually they have one just for the school summer holidays.
Yeah, as if the police have enough resources to provide a taxi service. I think that this human rights malarky has got completely got out of hand.Quote:
Originally Posted by monkian