Stella Creasy and Peter Hain make a very good argument for changes in the process of proscription and legislation on public order (We voted for and against the ban on Palestine Action. Now we have a plan to end this mess, 18 August). They argue also for “police guidance … by setting out a test of proportionality for any interventions”. Leaving aside the expectation that our police forces already act in a proportionate manner (ie do not intentionally act disproportionately), there is existing guidance on proportionality. This is in the Crown Prosecution Service’s code for crown prosecutors, and it is but a small step to apply its principles to police interventions with a view to prosecution.
The CPS code has a two-stage test, and both must be met before a prosecution can be brought. Stage one requires there to be a “realistic prospect of conviction” (ie evidential sufficiency), and stage two requires prosecution to be in the “public interest”. It is surely in the public interest that criminal prosecutions, which may result in severe penalties, should be proportionate – and it would be outwith the public interest for someone to be brought before a criminal court when such an action is disproportionate.
