Police forced to review 'kettling' as judges rule tactic used unlawfully

Scottish police are examining a High Court decision which has declared illegal the "kettling" tactics used by the Metropolitan Police against climate change activists during the G20 protests in central London two years ago.

Similar kettling tactics were used against G8 protesters in Edinburgh in July 2005 when a large group of campaigners were hemmed in to Canning Street in the west of the city with no access into side streets.

A spokeswoman for Lothian and Borders Police said: "We will consider the ruling."

The Met expressed concern over the impact the ruling would have on its ability "to prevent disorder within protests".

The judgement led to a call from human rights lawyers for an "immediate change to police attitudes and tactics".

The judgement was a victory for Hannah McClure, a student, and Josh Moos, a campaigner for Plane Stupid, who had challenged the legality of the "violent" restraint methods used against them at the Camp for Climate Action in Bishopsgate on 1 April 2009.

It was the same day newspaper seller Ian Tomlinson died after being struck by a police officer at a separate G20 protest at the nearby Royal Exchange.

The police had sought to justify imposing the kettle at the climate camp, saying they feared violent demonstrators at the Royal Exchange would hijack the more peaceful climate camp, attended by up to 4,000 people.

But the High Court ruled there had been no evidence of an imminent breach of the peace to justify the kettle, in which a tight cordon was thrown round the demonstrators from just after 7pm for more than four hours.

The judges criticised "unduly inflexible" arrangements for releasing people contained within it. Mr Moos said he became dehydrated after being refused permission to leave. The judges specifically condemned the Metropolitan Police over the way officers armed with batons and riot shields pushed a 15-deep crowd of demonstrators back some 20m-30m.

Sir Anthony May, who is president of the Queen's Bench Division, and Mr Justice Sweeney said "unjustified force" had been used.

The judges also said the Met "policy and training" about the use of riot shields to push and strike "appeared to be insufficient".

They declared: "There needed to be clear-cut instructions as to whether shield strikes were ever justified and, if so, when."

John Halford, of Bindmans solicitors, who acted for Ms McClure and Mr Moos, said later: "The court has roundly condemned the unlawful and oppressive police response, exposing it as unacceptable in a democratic society.

"To date, there have been few signs of a change in police attitudes and tactics since G20. This judgement could not give a clearer signal that that must happen immediately."Dan Glass, spokesman for Camp for Climate Action, said: "This is great news but it's been a long time coming. We seem to have got a disproportionate amount of policing but we'd urge others to monitor and challenge the police."

The Metropolitan Police Service announced it would appeal against the judgement.