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United Kingdom
freedom of expressionarticle 5breach of the peace
Steel v United Kingdom
(1999) 28 EHRR 603
Key Principle
Arrest and detention for breach of the peace can satisfy the 'lawful'/'prescribed by law' requirements of Articles 5 and 10 ECHR because the English-law concept is formulated with sufficient precision, but such measures must be a proportionate response to the risk posed; detaining peaceful protesters whose conduct created no real risk of a breach of the peace was disproportionate and violated Articles 5 and 10.
Area of Law
General
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