Cases of ASBOs
used against protesters
Gregg & Natasha
Avery, Heather Nicholson & Gavin Medd-Hall - Four animal rights activists jailed
for blackmailing companies linked to Huntingdon Life Sciences
were given indefinite ASBOs banning them from traveling to the
firms' offices. Three other activists were given five-year orders
(January 2009) Update: Gavin Medd-Hall has had his lifelong
ASBO overturned
by the Court of appeal (December 2009)
DSEi arms fair
2005 - In May 2006
a total of ten protesters who had obstructed a train at Canning
Town station in the Docklands in 2005 (a station close to where
the arms fair is held) were given ASBOs. In September a Court
of Appeal judge quashed these orders arguing that their actions
were more likely to cause frustration than harassment, alarm
or distress. He added: "The purpose of such an order is
not to punish the offender but to protect persons from further
anti-social acts by them" (September 2006)
Michael Downes - A 44-year-old fathers' rights campaigner,
who smashed an egg on the head of Minister Ruth Kelly, given
a five-year order prohibiting him from entering a public building
for which members of the public do not have permission, climbing
on any structures over one metre in height without permission
and placing banners or posters or any signs on public structures
(August 2006)
Edward Atkinson - A 74-year-old anti-abortion campaigner
given a five-year order (May 2006)
Cotswold Hunt - Anti-hunt protesters have investigated
the possibility of using orders to prevent fox hunting. The area's
anti-social behaviour coordinator said: "People might say
this is not what the antisocial behaviour legislation is for,
but the act says it covers actions which cause harassment, alarm
or distress to one or more persons" (March 2006)
David Pearce - A 52-year-old given has been banned
from contacting anyone at the Barnsley Chronicle for distributing
leaflets about the paper or any of its staff until 2010. Pearce
had been campaigning against the paper's court reporter. As The
Guardian says: "The irony of this case is that Mr Pearce's
attempts to name and shame a member of the press has resulted
in the press being in a position to name and shame him."
(April 2006)
Lindis Percy - Police and the Ministry of Defence applied for
an ASBO against this 63-year-old peace campaigner after she was
convicted of five offences relating to her protests outside a
US listening base at Menworth Hill. While fortunate enough to
have her application fall within the 1.4% that are turned down
on average (perhaps because her case received a great deal of
publicity), the district judge imposed an eight week 8pm to 6am
curfew and made her the first peace protester in the country
to be electronically tagged. He added: "I am firmly of the
view courts ought not to allow anti-social behaviour orders to
be used as a club to beat down the expression of legitimate comments
and dissemination of views of matters of public concern"
(May 2005) Update: Percy has since challenged
North Yorkshire Police to repeat the harmful allegations
made in the application for the ASBO outside a court of law so
that she can "bring libel proceedings to vindicate my reputation
which your force has chosen to wrongly besmirch by innuendo,
spin and inaccuracy." She believes it to be "unacceptable
and indeed outrageous that anything could be said against someone
without evidence." Percy also had a freedom of information
application to see the documents submitted in the request for
her order refused (July 2006)
Sarah Gisbourne - A 39-year-old animal rights activist jailed
for six-and-a-half years and given a two years "CRASBO"
effective upon her release (March 2005)
Melvyn Drage - A council tenant who put anti-war leaflets through
50 of his neighbours' letterboxes has been threatened with eviction
and given an "anti-social behaviour interview" with
the threat of being given an Asbo (February 2005)
Heather Nicholson - A 38-year-old animal rights activist
served a five-year order banning her from going within 500 metres
of a number of the country's largest animal research laboratories.
The ASBO also prevents her from contacting the owners, shareholders
or employees of any of these companies (January 2005) Nicholson
was jailed for four months in March for breaching her order (March
2006)
Kate Jones - This animal rights activist has been banned
from contacting the owners, shareholders and employees of any
firm connected with Huntingdon Life Sciences (an animal-testing
company) and Yamanouchi (a pharmaceutical firm) having admitted
to committing aggravated trespass (September 2004)
DSEi Protesters - Two protesters and a baby were prevented from
holding a banner and handing out leaflets outside Reed Exhibitions,
the organiser of DSEi (Defence Systems and Equipment International);
the world's largest arms fair. Police were eventually forced
to apply for and subsequently issue a temporary ASBO to order
their dispersal and ban them from Richmond for 24 hours (August
2004)
Palestine Solidarity Campaign - Whilst demonstrating outside Caterpillar's
financial offices in Solihull, on the 25th of June, at the bulldozer
manufacturer's continued sale of machinery to the Israeli military,
nine people were arrested under the Anti Social Behaviour Act
for failing to provide their names and addresses. They were held
for 18 hours in a police cell and not allowed to have a private
phone conversation with a lawyer. The trial will take place in
January where the government hopes to set a precedent for the
use of anti-social behaviour legislation in this field (June
2004)
David Edwards - A political protester who has campaigned for
many years to Rugby council, over issues such as health and safety,
was eventually served an interim order. Deemed to have breached
it and subsequently arrested he is currently in prison staging
a hunger strike (June 2004)
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