Hotel boss and security assault climate activists at demo in London (www.thecanary.co)

submitted 3 weeks ago by als to c/uk_politics@feddit.uk

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[-] PhobosAnomaly@feddit.uk 5 points 3 weeks ago* (last edited 3 weeks ago)

I suppose the question would be whether that atrium area under the veranda is classed as private property. If it is, then once the landowner or their agents have made it clear that they (as in anyone, not just protestors) don't have permission to be there, then there is an entitlement to use reasonable force to remove people from the land - so a claim of "assault" is somewhat overblowing it, though it's never nice to be physically moved or shifted.

From the very short clip of the staff getting hands-on with the protestors, it certainly didn't look unreasonable in terms of force, but then I think calling that a private place where there's no prevention of access to that area for the wandering general public would be a very difficult position to defend.

Still - it's noisy, it got publicity, and I'm reading about it now - so the protest worked. Good on them.

[-] lurch@sh.itjust.works 1 points 3 weeks ago

I'm not familiar with the law in that region, but in some regions you have to call police to remove them. In some regions security may hold them until police arrives, if their identity isn't clear and they refuse to clarify it.

[-] PhobosAnomaly@feddit.uk 4 points 3 weeks ago

It's a funny one in England and Wales - trespassing isn't a criminal offence (though it can be prosecuted privately under civil law) unless under certain circumstances, so in this instance the police service wouldn't really want to get involved. If they did, they would become agents of the landowner or the estate, where they would inherit the rights to escort them off the premises using our good old grey area friend "reasonable force" again.

If there's an intention to remain and cause damage or prevent access (I forget the exact criteria) and they do not leave when requested, then it could be upgraded to Aggravated Trespass which is an offence in England and Wales.

There are some circumstances that allow the general public to detain and arrest folk, but I'm pretty sure they need to have committed an offence that can only be tried in a crown court, so anyone detaining a protestor here would be a bit fucked legally.

It's a legal quagmire which ranges from someone having a rave on someone's farmland, through to this situation, all the way up to using self defence to get rid of someone on your land there to do you (or your bank account) harm and you end up getting Tony Martin'd.

[-] lurch@sh.itjust.works 4 points 3 weeks ago

Very interesting. Thank you.

[-] PhobosAnomaly@feddit.uk 3 points 3 weeks ago

No dramas. If it's any interest, one of my running routes when I lived in the south east of England used to take me around a private estate. The landowner at the time was a nice bloke - asked if he minded me jogging around the paths and he didn't give a toss, so long as I didn't disturb the animals and kept an eye out for him.

A few years later, another guy bought it who had all the interpersonal skills of a dead goat, and made it entirely clear that he didn't want me there. Fair enough, it's his land - but a I did go on a bit of a legislative binge to see if there was a way I could fuck him off.

I just worry in this instance that a good quality protest for all the right reasons might get upended by whiny shouts of "assault assault!" when it's one of the few times the landowners have a codified right to get handsy, and it looked like a great protest from the footage. A grand day out for all!

this post was submitted on 04 Feb 2025

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