5. Public Order Law Flashcards
Notice requirements for public processions according to the Public Order Act
6 clear days notice of
i. DATE
ii. TIME
iii. ROUTE
What comprises a public place for the purpose of defining public processions in the POA?
Any highway or other place that the public may lawfully access on payment or otherwise
What type of processions are EXEMPT from the notice requirements in the POA?
- Funeral Processions
- Processions commonly held in a given police area
If organiser is found guilty for s 11(7)(a) offence of not giving the required notice, can they rely on any defences?
If the organiser did not know, and had no reason to suspect that s 11 had not been complied with (s 11(8))
If organiser is found guilty for s 11(7)(b) offence of giving notice which does not accurately reflect what happened, can they rely on any defences?
If departure from notice arose from circumstances beyond the organiser’s control or from something done with the agreement of the police or by their direction (s 11(9))
When must public processions give advanced notice to the police?
If it is intended to:
a. demonstrate support for or opposition to views or actions
b. publicise a cause or campaign, or
c. mark or commemorate an event
On what grounds can the police impose conditions on a public procession?
Police must reasonably believe that:
a. the march will result in serious public disorder, serious property damage or serious disruption to life im the community
b. the noise generated by procession may generate substantial disruption to surrounding organisations or persons
c. purpose of the procession is to intimidate others with a view to compel them not to do something they have a right to do, or do something they have no right to do
Who can impose conditions on a public procession DURING the procession. HOW must these conditions be given?
- Most senior police officer there
- Can be given verbally
Who can impose conditions on a public procession in advance? HOW must this be done?
- Chief of Police (Chief constable or commissioner of police of the Metropolis of the city of london)
- Must be provided in writing and with reasons for specific conditions
If an organiser or participator in a public procession fails to comply with a condition imposed under s 12(1) (and knew / ought to have known condition was imposed) do they have any defences?
(1) Have a defence if they can show their failure to comply with conditions was due to circumstances beyond their control (2) also a defence to prove that conditions are invalid (Police v Reid)
s 12(6) Public Order Act: Offences during a Procession
Inciting a participant in a public procession to commit an offence under s 12(5)
Can the police prevent processions entirely?
Chief officer of police can apply for a prohibition order in respect of public processions if they reasonably believe that the powers in s 12 are insufficient to prevent a risk of serious public disorder (s 13(1))
- In london, must be London commissioner of police for city of london or metropolis and with the Home Secretary’s consent
Conditions for orders prohibiting public processions to be valid
Order can be for any period not exceeding three months, must be in writing (s 13(5))
Can a ban on public processions be challenged by organisers?
Yes, by way of judicial review
If a procession is prohibited and it goes forward anyways, what offences may participants be guilty of
s 13(7) and (8): organising or taking part in a public procession knowing it is prohibited under s 13
Can public meetings (not processions) be banned?
Generally no, unless it amounts to a trespassory assembly
DEF: Trespassory Assembly
i. 20 or more people
ii. On land in open air to which the public has no right to access or only a limited right to access
iii. Taking place without the permission of the occupier of the land or exceeding the limits of the occupier’s permission of the public’s right of access
Conditions required for banning a trespassory assembly:
- Chief office of police reasonably believes that the assembly may result,
- in serious disruption to the life of the community, or
- where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, or in significant damage to the land, building or monument
Do organisers of meetings need to give notice to the police
No, unless exceptions apply (ie. meeting is to be held in a public park)
Offence of Breach of the Peace Definition
Whenever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or another disturbance
Conditions for common law arrest
- There must be the clearest of circumstances and a sufficiently real and present threat to the peace to justify the extreme step of depriving of his liberty a citizen who is not at the time acting unlawfully —Foulkes
- The threat must be coming from the person who is to be arrested —Redmond-Bate
- The conduct must clearly interfere with the rights of others —Redmond-Bate
- The natural consequence of the conduct must be violence from a third party —Redmond-Bate
- The violence in 4 must not be wholly unreasonable —Redmond-Bate
- The conduct of the person to be arrested must be unreasonable —Nicol
Can the police impose conditions on a public assembly of only one person?
Yes, as of 2022
Requirement to give police 6 days full notice to lead a public procession: when can this be curtailed?
If it is not reasonably practicable to do so
Can the police ban a static demonstration in advance
No
