11.5: Public order law Flashcards
Define a breach of peace
Actual or likely disturbance of the public peace and good order, which it is expected citizens should ordinarily enjoy.
What is the breach of peace regulated by?
Breach of peace is regulated by common law and does not constitute a criminal offence.
Which court deals with a breach of peace offence?
Magistrates court
What is the consequence of a breach of peace offence?
A magistrate can bind the person over to keep the peace (that is, a person is bound over for a
sum of money) and it is intended to compel the person to future good behaviour. A refusal to be
bound over can result in imprisonment.
How far in advance should organisers of a procession give to the police?
6 days notice. To do not give notice is a summary offence under s11 of the Public Order At s11
Two rights which are balanced in the public order act
right to freedom of speech and freedom of assembly
What must notice to the police include for a procession?
time, date and route
How do the police ban a procession?
If a senior police officer believes that imposing conditions is not enough to prevent serious public disorder, the officer has the right to apply to the local authority for a banning order.
What restrictions can the police place on an assembly?
Conditions include the time, location and duration of the assembly. They can also put restrictions on the number of people permitted to participate in the assembly.
Definition of a public assembly
A public assembly is an assembly of two or more people in a public place which is wholly or partly open to the air.
Note: in public. Difference with procession is they move like a protest.
How many days notice is required for a procession?
6 days
Public Order Act 1986 s 11
Can organisers challenge a restriction on a procession?
No - organisers cannot challenge the restrictions unless as a defence in criminal proceedings
