Alfie Meadows and Zak King are not guilty: now it's time for police behaviour to be scrutinised

Lawyers warn that violent disorder charges are being used to attack the right to protest.

A jury in Woolwich Crown Court yesterday unanimously found both Alfie Meadows and Zak King, the last two student protesters to face court action related to the student protests of winter 2010, not guilty of violent disorder

The jury returned its verdict to a packed courtroom after four hours' consideration, following a four-week trial (each day of which at Woolwich, we were informed in opening remarks, costs around £14,000). 

Both Meadows and King had been on bail for more than two years while awaiting a verdict. Their first trial, in March last year, saw a hung jury; the second was aborted in November, and resumed in February this year.

The jury had heard from both Meadows and King how they felt they needed to defend themselves and other protesters from police violence. Meadows had helped a crowd use Heras fencing as a barrier against a police line; King had strapped shin-guards to his arms and used them to block police baton strikes against himself and other demonstrators. Both described the mood of the crowds changing after containment. Both recounted seeing police officers use batons and shields to strike people who were simply standing in the crowd, and against those who had fallen, as well as against those immediately facing police lines.

The verdict was welcomed by the defendants and their families. 

Alfie Meadows said:  

"Today's result is a vindication of the right to protest and all those who have been subjected to police brutality. Those who are struggling against cuts and austerity should not live in fear of criminalisation. It's unforgiveable that we and our families have had to wait two years and endure two trials to clear our names. I'm very grateful for the solidarity I've received from so many: the family of Sean Rigg, Defend The Right To Protest, and so many others. I want to send my solidarity to the Critical Mass defendants."

The acquittals of Meadows and King bring the tally of unsuccessful prosecutions from winter 2010's fees protests to 19. Of the 58 young people charged with violent disorder from the student demonstrations, 12 have received custodial sentences. Comparative tranches of violent disorder charges from demonstrations have, in the past, resulted in far greater numbers of people facing prison terms; of the 72, mostly young Muslim, people charged with violent disorder following the Gaza protests in 2009, 62 were given custodial sentences. Only seven faced trial by jury; of these, six were acquitted.

Matt Foot, of the firm Birnberg Peirce, who has defended six of the student demonstrators in this group of prosecutions, believes the charge of violent disorder - the second most serious public order offence, which carries a prison term of up to five years is being used punitively and too readily.

"It started with a protest against George Bush, the last time he came to this country, and a whole number of people some months afterwards were suddenly charged with violent disorder," he said. "They suddenly started using Section 2 of the Public Order Act, violent disorder, in an aggressive way since then... People used to be offered cautions, or tickets, fixed penalty notices, and then suddenly the penalties have gone up and up and up, for very similar facts. I think the fact that we're using violent disorder on that large scale, against large numbers of students, almost all of good character, is an attack on protest."

These verdicts come at a time of increasing scrutiny for public order policing. The opening statement of the United Nations Special Rapporteur's report on freedom of assembly and association expressed strong concern about kettling, intelligence-gathering and undercover policing, and criticised the Public Order Act as encroaching on the right to protest, asking for a greater focus on human rights in policing demonstrations; his full report is due in June. 

The Independent Police Complaints Commission's report in December on complaints against the Territorial Support Group found significant areas of concern with protest policing and stop and search. And in her report 'The Kids Are All Right: How the Metropolitan Police Service can gain the trust of young Londoners', Jenny Jones, the Deputy Chair of the London Assembly's Police and Crime Committee, recommended the abolition of the TSG.

Hannah Dee, of Defend The Right To Protest, which has supported Meadows and King throughout the two-year judicial process, sees the case as part of a historical struggle between the notion of public order and the right to protest.

"It's important to bear in mind that there is a long history of criminalising and police violence against protest. It's very interesting to look at the history of some of the officers on the stand, people like Mick Johnson who was the Silver Commander on the 9th of December [2010], who has been at the centre of policing many protests for the last couple of decades: the G20 protests, the poll tax demonstrations, the miners' strikes, the urban riots in the 1980s. The primary aim of the campaign is to build a collective response to what we see as a serious undermining of people's right to protest."

Police at the student demonstrations in 2010. Photo: Getty
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After Article 50 is triggered, what happens next?

The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On 31 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.