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<p>The Metropolitan Police Service (MPS) is working with the Parliamentary Security
Department to identify Members and staff who have reported the behaviour. This includes
identifying those who are able and willing to provide a signed statement which with
a statutory declaration can be used for criminal justice purposes. Officers are assessing
each occasion that we are aware of, taking into account behaviour; the current law;
and the latest guidance on protest from case law. This has taken time. Some witnesses
do not want to give statements or are unwilling to go to court; without such testimony
it makes any legal action very unlikely. In addition, some behaviour does not constitute
a criminal offence when viewed in isolation; without witness statements, building
a persuasive case around persistent behaviour is very difficult.</p><p>The Parliamentary
Liaison and Investigation (PLaIT) are considering all options once they have identified
what statements can be obtained, and assessing the evidence provided against the relevant
legislation. PLaIT will work in consultation with the Crown Prosecution Service (CPS),
who are the ultimate decision maker on whether to prosecute and what for. It is worth
noting that hearsay evidence is inadmissible in court, therefore statements need to
be gathered from the principal witness, which outline the impact and can be tested
in court. Even if a police officer witnessed the event, there would still need to
be a victim statement which evidences the offences and impact.</p><p>There is a long
history of protest outside Parliament and a number of pieces of statute legislation
have been put in place to moderate protest activity. Article 9, 10 and 11 of the Human
Rights Act 1998 gives the freedom of thought, expression and assembly/association,
and these rights mean that protest legislation remains one of the most contested in
the courts; the resulting case law provides an ever changing interpretation of the
laws. Therefore the use of legislation, especially new legislation, which interferes
in the rights to protest needs to be carefully considered, be proportionate and likely
to succeed.</p>
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