You state that they are illegal. That cannot be said short of on the basis of a Court decision. The use of containment tactics has been acknowledged by the courts as a lawful tactic, subject to certain guidance. The consistent failure of those who argue against it to acknowledge that fact undermines their position fatally. Containment is NOT illegal per se. Legal fact.
And whilst I would agree that there is scope for individual officers to make individual decisions to let people out in plainly exceptional circumstances, it is ridiculous to expect that anyone who asks nicely to leave should be allowed to do so as that would defeat the purpose of the containment.
i'm going to have to pick you up on this. Kettling has only been tested once through the courts - Mayday 2001. And although it was ruled containing people in oxford circus didn't breach article 5 human rights act - right to liberty, the judgement could only be specific to that incident.
And the judges bent over backwards to say the legal justification for kettling in this instance could apply only to the very unique and very specific things that happened on mayday 2001.
They were
- the demonstration was not 'official' (formally organised with and recognised by the police)
- literature beforehand promoted violence and encouraged disorder
- the reason it took so long to release people because the kettle wasn't preplanned therefore took time to organise dispersal
None of these apply to any of the student demos. In fact the opposite. The judgement made specific note on the fact if these things weren't in place on mayday 2001 then maybe, just maybe it would have been an unlawful detention.
So to conclude: kettling as a police tactic is only justified in law under very specific circumstances. Those circusmtances weren't met during the kettling of the 3 previous student protests.