The UK High Court recently ruled that certain provisions of the Police, Crime, Sentencing and Courts Act 2022 (Police Act 2022) are incompatible with the terms of the European Convention on Human Rights (ECHR), declaring them particularly intrusive to the lives of Gypsies and travellers.
Specifically, the Court found amendments to the Criminal Justice and Public Order Act 1994 (CJPO), introduced by the Police Act 2022, to be in violation of Article 14 of the ECHR, read in conjunction with Article 8, which safeguards the right to privacy and family life. Article 14 prohibits discrimination originating from various factors including sex, race, religion, political views, national or social origins, and more.
Among significant changes, the Police Act 2022 empowered law enforcement to ban Gypsies and travellers from certain areas for up to a year. It also expanded police authority to arrest and imprison individuals living in roadside camps, implement fines, and seize residences. Further, rights group Liberty expressed concerns these laws could expose marginalized communities to disproportionate police powers due to profiling and the criminalization of trespass.
Bringing the case before the Court, claimant Wendy Smith contended that these new no-return provisions for one year disproportionately burdened the Gypsies, expanding the scope of criminal penalties while simultaneously complicating compliance with the law. The Court concurred with her position, indicating that lengthening the ban duration from 3 to 12 months discriminated against Gypsy and traveller communities.
Despite this, Smith’s proposition that changes to the CJPO constituted race discrimination was not wholly supported by the Court. The judgement declared that certain aspects of the claim regarding period duration of no-return succeeded, yet, other parts failed. As a consequence, a declaration of incompatibility was issued in accordance with section 4 of the Human Rights Act 1998. It will now be left to Parliament to decide on an amendment that makes the law compatible with the ECHR.
According to Marc Willers KC, the leading counsel for the claimant and barrister at Garden Court Chambers, this verdict is highly significant – affirming that without adequate stopping places for Gypsies and travellers, the current law constitutes unjustified race discrimination.
Read more about the verdict here.