R (on the application of Gallastegui) v Westminster City Council [2012] EWHC 1123 (Admin), [2012] All ER (D) 144 (Apr)
Although ss 143 and 145 of the Police Reform and Social Responsibility Act 2011 (PRSRA 2011) referred respectively to “a prohibited activity” and “a prohibited item”, it was very clear from the wording of those sections that those activities and items only became prohibited if and when the constable or authorised officer decided to exercise the power to make a direction in the case of s 143 or a seizure in the case of s 145. If a person empowered to act under s 143 or 145 acted in breach of the rights of a particular person under Arts 10 or 11 of the European Convention on Human Rights (the Convention), then that person would be entitled to various remedies. Further, balancing the respective interests, no additional positive obligation was required of the state because of the limited effects of ss 143 and 145. The PRSRA 2011 conferred powers which, if exercised, constituted a restriction which only related to sleeping items.
