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Supreme Court rules against PSNI on flag protests Supreme Court rules against PSNI on flag protests
(35 minutes later)
A Belfast resident has won an appeal at the Supreme Court that the PSNI were wrong to allow union flag protests go ahead. A Belfast resident has won an appeal at the Supreme Court that the Police Service of Northern Ireland (PSNI) was wrong to allow union flag protests.
There were widespread loyalist protests across Northern Ireland after Belfast City Council decided not to fly the Union flag at the City Hall every day of the year in December 2012. There were loyalist protests across Northern Ireland after Belfast City Council ruled in 2012 not to fly the Union flag at the City Hall every day of the year.
A High Court judge in Belfast ruled in 2014 that the PSNI should not have facilitated illegal parades.A High Court judge in Belfast ruled in 2014 that the PSNI should not have facilitated illegal parades.
The ruling was quashed after an appeal.The ruling was quashed after an appeal.
However, the Supreme Court has unanimously overturned that decision and said that the PSNI "misconstrued their legal powers to stop parades". However, the Supreme Court, the UK's highest court, unanimously overturned that decision and said that the PSNI "misconstrued their legal powers to stop parades".
It added that the police had an "inescapable duty to prevent, where possible, what were plainly illegal parades from taking place".It added that the police had an "inescapable duty to prevent, where possible, what were plainly illegal parades from taking place".
The council's decision on the union flag on 3 December 2012 was the catalyst for a long campaign of street protests, some of which ended in violence.
More than 100 PSNI officers were injured and more than 500 people have since been charged or reported in connection with the protests.
The case was taken to the Supreme Court by a resident from Belfast's Short Strand area, who cannot be named to protect his safety.The case was taken to the Supreme Court by a resident from Belfast's Short Strand area, who cannot be named to protect his safety.
The flag protests included a weekly parade between east Belfast and Belfast's City Hall, which passed the Short Strand.The flag protests included a weekly parade between east Belfast and Belfast's City Hall, which passed the Short Strand.
The resident had claimed that the PSNI had failed in their legal duty to stop the parades. The resident had claimed that the PSNI had failed in its legal duty to stop the parades.
The PSNI had argued that they did not have the legal powers to stop the parades, and warned that doing so might have made the situation worse. The PSNI had argued that it did not have the legal powers to stop the parades, and warned that doing so might have made the situation worse.
The original claim by the resident was upheld by the High Court who said that the PSNI had not understood the full scope of their powers. The original claim by the resident was upheld by the High Court who said that the PSNI had not understood the full scope of its powers.
In its full judgement, the Supreme Court agreed with the High Court and said it was "right to conclude that the police laboured under a misapprehension as to the extent of their powers".In its full judgement, the Supreme Court agreed with the High Court and said it was "right to conclude that the police laboured under a misapprehension as to the extent of their powers".
Parades in Northern Ireland are managed by the Parades Commission. The Supreme Court noted that participation in a parade that has not been notified to the commission is a criminal offence.Parades in Northern Ireland are managed by the Parades Commission. The Supreme Court noted that participation in a parade that has not been notified to the commission is a criminal offence.
The Supreme Court said: "The police failed to recognise that the integrity of that system depended on the enforcement of the requirement to notify an intention to hold a parade.The Supreme Court said: "The police failed to recognise that the integrity of that system depended on the enforcement of the requirement to notify an intention to hold a parade.
"It is the police, not the Parades Commission, who have the responsibility for preventing un-notified parades from taking place.""It is the police, not the Parades Commission, who have the responsibility for preventing un-notified parades from taking place."