In answering the first certified question, the Supreme Court held that section 137(1) of the 1980 Act must be read so as to comply with the ECHR. This means that the trial court had to consider whether the police's interference with the appellants' Article 10 and 11 rights by arresting them was proportionate. If found to be disproportionate, the appellant would have a defence of lawful excuse to the underlying criminal offence.
