Question 1

• Consider the law on breach of the peace (see Chapter 23, 23.5.4). As a common law power it may have given police greater discretion that was compatible with the concept of 'legality' but a series of decisions (some illustrated in the chapter) have narrowed and specified the circumstances in which the power can be used.

• In Steel v UK the Court of Human Rights found general compatibility with Article 10.

• Cases such as Laporte and Austin are very important since they refine further the limits to what the police can do. In particular is the point that, in the name of keeping the peace the police can (a) take action to avoid violence which they think may happen in the future (see Laporte on this) and (b) take action which restricts the freedom of law abiding persons to exercise their rights.