Case Comment: The Legality of ‘Kettling’ after A ustin

This case comment considers the E uropean C ourt of H uman R ights decision of A ustin v U nited K ingdom (2012) 55 EHRR 14. A ustin claimed, unsuccessfully, that police kettling at a public protest in L ondon amounted to a violation of her right to liberty under A rticle 5 of the E uropean C onvention of H uman R ights. This case comment suggests that the court took an unexpected and unorthodox approach to the issue of ‘deprivation’ within A rticle 5. This decision may come to undermine the protections afforded by A rticle 5 and extend the current exceptions to A rticle 5 to an indefinite range of situations.