In a judgment [3] passed down by Mr. Justice Smith of the UK High Court on May 14, 2024, it was determined that the certain amendments introduced by the Police Act of 2022 [4](a set of amendments to the Criminal Order and Public Order Act 1994) were in breach of Articles Eight [5] and Fourteen [6] of the European Convention of Human Rights.

As reported by JURIST [6], Wendy Smith, Claimant and Romani/Traveler woman, argued that the rights granted by the Police Act to allow the banning of traveler and gypsy communities from certain areas for twelve months (as well as other powers to arrest and imprison community members, impose fines, and seize their homes) places a “disproportionate burden on Gypsies. It expands the scope of the criminal penalties and at the same time makes it more difficult to comply with the law.” Justice Smith agreed.

The court decided that the appropriate course was to issue a declaration of incompatibility under section 4 of the Human Rights Act 1998. [7] This means that Parliament will have to decide if the law should be amended to make it compatible with the ECHR.