Containment Flashcards

1
Q

What is containment also known as?

A

Kettling

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2
Q

What is containment?

A

Used by police to maintain public order and safety. It involves putting a cordon around a large number of people and confining them to a relatively small, easily managed public area. Police decide who remains in there and for how long.

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3
Q

What do the police argue is justifiable reason for containment/ settling?

A

The likelihood of an imminent breach of peace provides them with common law powers to confine people in this way.

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4
Q

For containment to be lawful, what needs to be considered?

A
  • For common law, an apprehended breach of the peace must be imminent.
  • Circumstances dictate what is imminent, but it is not an inflexible concept.
  • Actions can be justified only if they are proportionate, reasonable and necessary.
  • When steps are required to keep two or more groups apart, a combination of actions can be considered when deciding if there is an imminent breach of peace; and
  • Depending on the circumstances, action may be taken which affects people who are not actively involved in the breach of the peace.

…The police must not use it until they have taken all other possible steps to prevent the breach or imminent breach of the peace and protect the rights of third parties.

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5
Q

Is containment of children lawful?

A

Yes, if s 11 of the Children Act 2004 is followed, regarding the welfare of the children.

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6
Q

Do people realised from containment have to give personal information?

A

No obligation to, nor is it acceptable for them to be photographed.

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