5. Public Order Law

Question 1

Notice requirements for public processions according to the Public Order Act

Answer 1

6 clear days notice of
i. DATE
ii. TIME
iii. ROUTE

Question 2

What comprises a public place for the purpose of defining public processions in the POA?

Answer 2

Any highway or other place that the public may lawfully access on payment or otherwise

Question 3

What type of processions are EXEMPT from the notice requirements in the POA?

Answer 3

1. Funeral Processions
2. Processions commonly held in a given police area

Question 4

If organiser is found guilty for s 11(7)(a) offence of not giving the required notice, can they rely on any defences?

Answer 4

If the organiser did not know, and had no reason to suspect that s 11 had not been complied with (s 11(8))

Question 5

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?

Answer 5

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))

Question 6

When must public processions give advanced notice to the police?

Answer 6

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

Question 7

On what grounds can the police impose conditions on a public procession?

Answer 7

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

Question 8

Who can impose conditions on a public procession DURING the procession. HOW must these conditions be given?

Answer 8

1. Most senior police officer there
2. Can be given verbally

Question 9

Who can impose conditions on a public procession in advance? HOW must this be done?

Answer 9

1. Chief of Police (Chief constable or commissioner of police of the Metropolis of the city of london)
2. Must be provided in writing and with reasons for specific conditions

Question 10

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?

Answer 10

(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)

Question 11

s 12(6) Public Order Act: Offences during a Procession

Answer 11

Inciting a participant in a public procession to commit an offence under s 12(5)

Question 12

Can the police prevent processions entirely?

Answer 12

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

Question 13

Conditions for orders prohibiting public processions to be valid

Answer 13

Order can be for any period not exceeding three months, must be in writing (s 13(5))

Question 14

Can a ban on public processions be challenged by organisers?

Answer 14

Yes, by way of judicial review

Question 15

If a procession is prohibited and it goes forward anyways, what offences may participants be guilty of

Answer 15

s 13(7) and (8): organising or taking part in a public procession knowing it is prohibited under s 13

Question 16

Can public meetings (not processions) be banned?

Answer 16

Generally no, unless it amounts to a trespassory assembly

Question 17

DEF: Trespassory Assembly

Answer 17

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

Question 18

Conditions required for banning a trespassory assembly:

Answer 18

1. Chief office of police reasonably believes that the assembly may result,
2. in serious disruption to the life of the community, or
3. 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

Question 19

Do organisers of meetings need to give notice to the police

Answer 19

No, unless exceptions apply (ie. meeting is to be held in a public park)

Question 20

Offence of Breach of the Peace Definition

Answer 20

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

Question 21

Conditions for common law arrest

Answer 21

• 1. 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
• 2. The threat must be coming from the person who is to be arrested —Redmond-Bate
• 3. The conduct must clearly interfere with the rights of others —Redmond-Bate
• 4. The natural consequence of the conduct must be violence from a third party —Redmond-Bate
• 5. The violence in 4 must not be wholly unreasonable —Redmond-Bate
• 6. The conduct of the person to be arrested must be unreasonable —Nicol