Police Scotland illegal Action
OSWALD STREET CONTAINMENT & DATA RETENTION
Full Legal Assessment & Action Guide
On Saturday 25 July 2026, dozens of people – including peaceful protesters, journalists, bystanders, disabled and elderly members of the public – were contained on Oswald Street in Glasgow city centre by Police Scotland. Many were detained without individual suspicion, required to provide personal details, photographed and logged before being allowed to leave.
This dossier sets out our independent legal analysis of the incident, examining where powers may have been exceeded, what rights were at stake, and what action those affected can take.
Key Findings in this Report
- Misuse of Statutory Power: Section 13 of the Criminal Procedure (Scotland) Act 1995 was applied broadly across the whole crowd, rather than only where there was reasonable belief an individual held relevant information – a clear breach of the law’s requirements.
- Unlawful Conditions of Release: Making the handing over of personal information or recording of details a requirement to leave containment is explicitly prohibited under the Mengesha principle.
- Human Rights Concerns: Potential violations of Article 5 (Liberty), Article 8 (Privacy) and Articles 10 & 11 (Freedom of Expression & Assembly) under the Human Rights Act 1998 and European Convention on Human Rights.
- Binding Case Law: The assessment draws on established precedent including Austin v MPC, Mengesha v MPC and S & Marper v UK.
- Your Rights & Next Steps: Full step‑by‑step guidance to make formal complaints, demand permanent deletion of your data, and seek compensation where appropriate.
Disclaimer: This dossier is for information and educational purposes only and does not constitute legal advice. For formal action, consult an independent solicitor or qualified legal adviser.