5. Public Order Law Flashcards
Convention rights
The Human Rights Act 1998 incorporation of the key rights and freedoms from the ECHR into domestic law.
Key provisions of the ECHR in the context of public order
Article 10 – freedom of expression
Article 11 – freedom of assembly and association.
The state can restrict freedom of assembly if the restrictions are:
prescribed by law; and
necessary in a democratic society;
∘ in the interests of national security or public safety;
∘ for the prevention of disorder or crime;
∘ for the protection of health or morals; or
∘ for the protection of the rights and freedoms of others.
Processions: Advance notice
S 11(1) = Any person organising a public procession for any of the purposes in s 11(1)(a), (b) and (c) must deliver notice (at least 6 clear days) to a police station in the police area where the procession will start.
Definition of public procession
“A procession in a public place”.
Public place = any highway or any other place that the public may lawfully access on payment or otherwise, including public squares, parks, and beaches but also privately owned places, such as football grounds and theatres, that the public can access on purchasing a ticket.
Exempt from the notice requirement
Funeral processions
Customary / commonly held processions in a given police area (because the police should be aware that it’s a regular occurrence).
Offences and their defences under s 11
Offence 1 = Not giving the required notice
Defence 1 = If the organiser did not know and had no reason to suspect that s 11 had not been complied with.
Offence 2 = If the procession differs from what the notice specified.
Defence 2 = If the departure from the details in the notice arose from circumstances beyond the organiser’s control or from something done with the agreement of the police or by their direction.
Effect of failure to provide necessary notice?
While the organisers have committed an offence, the protest/procession itself is not deemed unlawful.
S 12 of the POA 1986: the powers of the police to impose conditions on public processions
A senior police officer must reasonably believe that:
- the march will result in serious public disorder, serious damage to property, or serious disruption to the life of the community (s 12(1)(a)); or
- the purpose of the organisers is to intimidate others with a view to compelling them not to do something that they have a right to do, or to do something that they have a right not to
do (s 12(1)(b)).
Definition of intimidation (for s 12 POA’s purposes)
More than being a nuisance or causing discomfort
What amendments did s 73 of the Police, Crime, Sentencing and Courts Act 2022 make to s 12 of the POA 1986?
Broadened the circumstances where the police can impose conditions on protests to include: where noise may cause a significant impact on those in the vicinity or serious disruption to the activities of an organisation.
What conditions might the senior police officer impose on the protest/procession?
Conditions that appear to be necessary to prevent such disorder, damage, disruption or intimidation. Including prescribing the route or prohibiting the march from entering a particular public place.
What is the identity of the “senior” police officer?
For conditions imposed during the procession = it is the most senior police officer present at the scene and they may be given verbally.
For conditions imposed in advance = it is the chief officer of police – the Chief Constable of the relevant police force or the Commissioner of Police of the Metropolis or for the City of London. When given before the event, they must be provided in writing. Additionally, the chief officer of the police must provide sufficient reasons so that:
1. the demonstrators can understand why the conditions have been imposed and
2. a court can assess whether the belief that the procession may result in the consequences listed above (serious disruption etc) is reasonable.
Section 12 of the POA 1986: Offences + sanctions
s 12(4) = Organising a public procession and failing to comply with a condition imposed under s 12(1) where the person concerned knows or ought to know that the condition has
been imposed.
Possible sanctions = Imprisonment not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both.
s 12(5) = Taking part in a public procession and failing to comply with a condition imposed under s 12(1) where the person concerned knows or ought to know that the condition has been imposed.
Possible sanctions = Fine not exceeding level 3 on the standard scale (currently £1,000)
s 12(6) = Inciting a participant in a public procession to commit an offence under s 12(5).
Possible sanctions = Imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale.
S 12 POA: Defences
If the organisers/participants can show that their failure to comply with the conditions was due to circumstances beyond their control. The burden of proof is on the defendant to prove the defence on the balance of probabilities.
