6 Flashcards
What is the primary focus of the lesson note?
The policing of large crowds gathered for a common purpose
What types of events are included under public processions and assemblies?
Public processions and assemblies include:
* Industrial disputes
* Political marches
* Spontaneous protests
What is a core duty of a police officer regarding large crowds?
To maintain order
What must the duty to maintain order be balanced with?
An individual’s rights enshrined in the Human Rights Act, 1998
What is one outcome of successful completion of the lesson?
State police powers relative to public processions and associated offenses
Define ‘public assembly’.
A gathering of individuals for a common purpose, typically for protest or demonstration
What powers are given to the police to control public assemblies?
Legislation that balances the rights of protest groups with the rights of the wider public
Define ‘mobbing’.
A collective act of individuals creating disorder or violence
What are the essential elements of the crime of rioting?
Collective violence, public disorder, and intent to cause harm or damage
Identify an alternate charge to mobbing and rioting.
Public disorder offenses
What are the police powers of stop and search at public order incidents?
Powers to stop and search individuals when necessary to prevent disorder
What is the Human Rights Act 1998’s Article 10 about?
Everyone has the right to freedom of expression without interference by public authority
What does Article 11 of the Human Rights Act 1998 guarantee?
The right to freedom of peaceful assembly
True or False: The exercise of rights under Article 10 and Article 11 may be subject to restrictions.
True
List relevant legislation for public order.
- Human Rights Act 1998
- Civic Government (Scotland) Act 1982
- Public Order Act 1986
- Criminal Justice and Public Order Act 1994
What types of events fall under Public Processions?
Political marches, Orange Walks, James Connolly marches, local galas, festive parades
These events are subject to control by Local Authorities and police.
What is the Civic Government (Scotland) Act, 1982 related to?
The power of Local Authorities to impose conditions on public processions
This act provides the legal framework for managing public events.
What is required by law from the organiser of a proposed public procession?
At least 28 days written notice to both the Local Authority and the Chief Constable
This notice must include details such as date, time, route, and expected attendance.
What options does a Local Authority have upon receiving a notice for a public procession?
- Grant permission for the procession in its proposed format
- Make an order to prohibit it
- Make an order imposing conditions
These decisions are made after consultation with the Chief Constable.
What offences are created by Section 65 of the Civic Government (Scotland) Act, 1982?
- Holding a public procession in contravention of an Order prohibiting it
- Participating in an unlawful procession when required to desist by a Constable
These offences apply to both organisers and participants.
What powers does the police have under Section 12 of the Public Order Act, 1986?
To control public processions that may cause:
* Serious public disorder
* Serious damage to property
* Serious disruption to the life of the community
Police powers are activated when the procession is taking place or when assembling.
True or False: Police can impose conditions on a public procession before it starts.
False
Police powers are only applicable during the procession or when people are assembling.
Fill in the blank: The most senior police officer present may impose directions or conditions to prevent __________.
[serious public disorder or intimidation]
These measures are aimed at maintaining public order.
What is an offence related to public processions?
It is an offence for the organiser of the procession or any person taking part to knowingly fail to comply with a direction or condition.
This includes inciting others to fail to comply with such conditions.
Define Public Assembly.
Public Assembly means an assembly of 20 or more persons in a public place which is wholly or partly open to the air.
This definition is found in the Public Order Act 1986.
What constitutes a public place?
A public place means:
* any highway, or in Scotland any road within the meaning of the Roads (Scotland) Act 1984
* any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.
This definition is also from the Public Order Act 1986.
Does a gathering of 18 pro-life activists outside a Women’s Health Clinic constitute a Public Assembly?
No, because it involves fewer than 20 persons.
The threshold for a Public Assembly is 20 or more persons.
Does a gathering of residents around a home of someone charged with a crime constitute a Public Assembly?
Yes, if the number of persons is 20 or more.
The specific number of participants would determine if it meets the Public Assembly definition.
Does 50 people protesting outside a fashion shop constitute a Public Assembly?
Yes, as it involves 20 or more persons in a public place.
The protest is relevant to the definition of Public Assembly.
What powers does Section 14 of the Public Order Act, 1986 grant to the senior police officer present?
Similar powers to Section 12 in relation to Public Assemblies under specific circumstances
These powers pertain to preventing serious public disorder, damage to property, or disruption to community life.
Under what circumstances can a police officer impose conditions on a public assembly according to Section 14?
If they reasonably believe it may result in:
* serious public disorder
* serious damage to property
* serious disruption to the life of the community
* intimidation of others to compel actions
These conditions are based on the time, place, and circumstances of the assembly.
What conditions can a Sergeant impose on protestors during a public assembly?
Conditions such as:
* not blocking doorways
* allowing passage of shoppers
* finishing after a specified duration (e.g., 60 minutes)
These conditions are meant to maintain public order during assemblies.
What authority does a Chief Constable have if informed of a public assembly beforehand?
They may impose conditions prior to the assembly taking place, provided they are given in writing
This proactive approach helps prevent potential issues during the assembly.
What constitutes an offence regarding compliance with conditions of a public assembly?
It is an offence for:
* the organiser to knowingly fail to comply with conditions
* any person present to incite others to fail to comply
Compliance with imposed conditions is crucial for maintaining order.
What is a mob?
A group of persons acting together for a common illegal purpose to the alarm of the lieges and in breach of the peace.
Example: The riots in London and other English cities in 2011.
What may happen if the behavior of a crowd deteriorates?
The charge of Mobbing and Rioting may be appropriate.
What can a duty Sergeant impose under Section 14?
Conditions pertaining to the location, duration, and number of people taking part in a protest.
What rights do Articles 10 and 11 of the Human Rights Act provide?
The right to assemble for protestors.
What must be balanced when dealing with protests?
The rights of protestors and the rights of residents impacted by the protest.
True or False: It is a crime at common law to form part of a mob.
True.
What factors influence how police deal with crowds?
Type of crowd, policing resources available, and strategy of the senior police officer.
Fill in the blank: A mob may act to the alarm of the _______.
lieges.
What could conditions imposed by police limit during a protest?
- Specific area
- Number of people involved
- Finish time.
Who has a duty to protect the human rights of all persons involved in a protest?
The police.
What are the essential elements required to prove that mobbing and rioting has occurred?
- Concourse
- Illegal combination
- Alarm to lieges
These elements must be present to establish the occurrence of mobbing and rioting.
What does ‘concourse’ refer to in the context of mobbing and rioting?
The presence of a mob
Concourse signifies that there was a group acting together.
What is meant by ‘illegal combination’ in mobbing and rioting?
Individuals in the mob acted together to defy legal authority
This element emphasizes the coordinated effort against the law.
What does ‘alarm to lieges’ imply in mobbing and rioting?
There was alarm and a breach of the peace in the neighbourhood
This indicates that the actions of the mob caused fear or disturbance.
Is there a specific number of people required to constitute a mob in common law?
No specific number is stated
Historically, the Riot Act 1714 defined twelve persons as sufficient, but common law does not stipulate a number.
In Hancock vs HMA, how many persons were convicted for mobbing and rioting?
Eight persons
This case illustrates that fewer than twelve can still lead to a conviction.
What is sufficient ground for conviction in a mob if an individual encourages riotous proceedings?
Presence in the mob with evidence of countenancing or encouraging the riotous proceedings
An individual does not need to perform an overt act to be convicted.
What is a practical alternative charge to mobbing and rioting?
Breach of the Peace
This charge is often easier to prove in court.
How is Breach of the Peace considered in legal terms?
As a serious crime which may be dealt with on indictment
It can serve as an alternative when proving mobbing and rioting is complex.
Why might a charge of Breach of the Peace be preferred over mobbing and rioting?
It is more easily proved than a charge of Mobbing and Rioting
Practical difficulties in proving the essentials of mobbing and rioting make this charge more viable.
What does Section 60 of the Criminal Justice and Public Order Act 1994 allow an Inspector to do?
Authorize the exercise of stop and search powers in response to serious violence or dangerous instruments
This section allows for preemptive measures in specified localities to prevent violence or the carrying of weapons.
Under what conditions can an Inspector authorize Section 60 powers?
- Belief that serious violence may occur.
- Belief that individuals are carrying dangerous instruments or offensive weapons without good reason.
What is the maximum duration for which Section 60 powers can be authorized?
24 hours.
What actions can a police officer take under Section 60?
- Stop and search pedestrians.
- Stop and search vehicles.
- Require removal of items concealing identity.
- Seize items intended for concealing identity.
What must officers do if Section 60 is invoked?
Receive a specific briefing and record details in their notebook or electronic device.
What specific details must be recorded when Section 60 is authorized?
- Authorising officer.
- Time authorized.
- Locality covered.
True or False: A police officer can stop and search a person or vehicle without any grounds for suspicion under Section 60.
True.
What can officers seize under Section 60?
Any dangerous instrument or article suspected to be an offensive weapon.
Who can extend the authorization of Section 60 for an additional 24 hours?
An officer of or above the rank of Superintendent.
What constitutes an offence under Section 60?
Failing to stop, stop a vehicle, or remove an item when required by a Constable.
Fill in the blank: It is an offence to _______ when required by a Constable under Section 60.
stop.
