dylans
overlord of all acorns
If it were as simple for the police and the Home Office as that, I'd be inclined to agree with you, however, it isn't. "pre-arrests" are not legislated under our extant law, which means that the govt has one of three choices:
1) continue the behaviour, in which case the law lords will rule against them, which will leave not just the government and police, but the individuals that embody those institutions open to legal action.
2) Legislate for new powers, which would probably require the Parliament Act, because very few MPs who care about getting re-elected will vote for a law that has the power to deleteriously affect a majority of their constituents.
3) concede that the tactic is a bust, that it worked once, but that it would be expensive, inconvenient and garner too much bad publicity to warrant further use.
The police will try to justify this stuff as intended to prevent "a breach of the peace" right? Perhaps they are hoping that this is enough to ensure such actions are ruled legal? I admit I am not familiar with legal arguments so I am on weak ground here. Nevertheless it is my gut feeling that if the police are confident enough to carry this action out then they might just be confident enough to defend it legally (though again I have little legal argument to back this up and admittedly "kettling" hasn't gone too well for them in this regard, though it should be pointed out that kettling still continues) In terms of your 3 options I am betting on point 1.