Claiming compensation for being assaulted by the police while protesting
When looking at any claim for being assaulted by the police while protesting, the starting point is the European Convention of Human Rights which protects the public’s right to protest in England and Wales.
That right to protest isn’t absolute, however. The protest must be peaceful and not involve acts of violence or public damage.
In certain circumstances, the police are allowed to place restrictions on protests. This may include where there is serious public disorder, serious damage to property, serious disruption to the life of the community, or the purpose of the protest is to intimidate others. The police have a duty not to unnecessarily restrict your rights and must take measures to protect peaceful protests.
Although the police have powers to place restrictions upon protestors, they can still risk abusing their powers and abusing the public.
In 2010 a member of the public was assaulted by a police officer during a demonstration in London against student tuition fees. The individual was struck over the head with a baton, leaving him with a serious brain injury. The Metropolitan Police acknowledged that the victim was protesting peacefully, and the injuries caused were unjustified. An out of court settlement was achieved though the officer responsible has never been identified and held to account for their actions.
In another student protest, a member of the public attempted to break free from the kettled area. During the melee, a police officer knocked part of his tooth out with a riot shield. The judge concluded that the officer carried out unnecessary violence and abused their powers as a police officer. The police officer in that case was sentenced to eight months in prison.
There is also the case of five Kill the Bill protestors in Bristol who reported that their human rights had been breached, and they were either assaulted or were in fear of violence by police officers. While the force did not admit liability, the victims did receive financial compensation.