20 August 2025

Injunction - Epping Forest District Council ~ Use of hotels to house migrants

Updates 22 August, 23 August 2025, 31st August 2025. 11 November 2025

It is reported in the press that the High Court has granted an interim injunction in favour of Epping Forest District Council to prevent migrants being accommodated at The Bell Hotel in Epping. The hotel is owned by Somani Hotels Ltd - (a private limited company). The Council wished the hotel to be cleared of its occupants within 14 days but the High Court extended the time limit to 12 September. 

The Council claims that Somani Hotels are in breach of planning "change of use" rules because the site is not being used for its intended purpose as a hotel. However that may be, the use of the hotel to house immigrants has attracted protest following the arrest for alleged sexual offences of two men staying there. 

Sky News 19 August 2025 - Asylum seekers face being removed from Epping hotel after council granted High Court injunction.

 

Law 

The legal system

18 August 2025

Two controversial criminal cases

Case 1

In August 2024, Mr Ricky Jones (a Labour Party Councillor) was charged with encouraging violent disorder. He was tried by a jury in the Crown Court (at Snaresbrook, pictured below). The charge arose from Jones' attendance at an 'anti-racism rally' at which he called for the throats of 'far-right activists' to be cut. 

The offence of "encouraging" is in the Serious Crime Act 2007 . Violent Disorder is an offence under the Public Order Act 1986 section 2.

Jones was acquitted by the jury - BBC News 15 August 2025

Crown Court - Snaresbrook

Case 2

16 August 2025

Protests and face-coverings

In the aftermath of the 1984 Miner's Strike, the Public Order Act 1986 was enacted. 

Until 1986, apart from some minor changes, there was a legislative gap of 50 years after the enactment of the Public Order Act 1936 which was aimed at genuinely far right* political movements such as the British Union of Fascists led by Oswald Mosley (1896 - 1980).

Since the 1986 Act, there has been almost continual action by politicians of all parties in government to restrict and control protest. This trend continues with the Crime and Policing Bill, currently before the House of Lords. Part 9 of the Bill is headed 'New Offences relating to protests and assemblies' and includes Clause 118 (Concealing identity at protests). 

The outcome is that 'public order' is governed by a complex and extensive accumulation of legislation such that it is, in practice, very difficult to protest without breaking the law in some way.

 

Concealing identity (e.g. Face coverings)

15 August 2025

House of Lords Justice and Home Affairs Committee - report - the purpose of prison

A recently published House of Lords report recommends that the Ministry of Justice (MoJ) should set out a clear and consistent statement of the purpose of prison, with reducing reoffending as central - House of Lords: Justice and Home Affairs Committee 16 July 2025.

 

The report comments that our prisons are in a state of crisis and notes that -

'Prisons play a role in punishment, protecting the public, reducing reoffending, and preparing prisoners for lives outside. But there is lack of clarity about which of these should be given priority.

Our view is that being in prison is the punishment and once there, the focus should be on reducing reoffending.

The punishment is the deprivation of liberty. Beyond that, prisoners must be treated with dignity as human beings who are capable of change and deserving of the opportunity to rebuild their self-esteem and their lives.'

On Monday 11 August 2025, the prison population was 88,238 against a 'useable operational capacity' of 89,529 - (UK Government weekly estate figures). That is 98.6% of capacity. This appears to be the highest prison population in Western Europe. 

 

13 August 2025

Wikimedia Foundation v Secretary of State for Science, Innovation and Technology

As noted in the earlier post 28 July 2025,  the Online Safety Act 2023 received Royal Assent on 26 October 2023. The Act extends to 241 Sections (divided into 12 parts) and 17 Schedules. Then there is secondary legislation and "guidance". The result is a complex legal framework for UK regulation of the internet - UK Government Online Safety Act and Online Safety Act: Explainer 

The Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025  - (the categorisation regulations) - were 'made' by the Secretary of State on 26 February 2025.

 

Judicial review 

The Wikimedia Foundation and a second claimant (BLN) brought judicial review

The jury is out ..... Secretary of State for Justice announces proposals for criminal justice reform

Back in July, Sir Brian Leveson (a former Lord Justice of Appeal) published the first part of his Independent Review of the Criminal Courts...