9. Public Order Law Flashcards
What powers are given to the police under the Public Order Act 1986?
The power to limit the right to protest and the power to arrest people who violate public order
In what three circumstances can a breach of the peace occur, and are they objective or subjective?
- Person genuinely in fear of harm to themselves (or their property in their presence) as a result of a disturbance (subjective as to fear; objective as to disturbance)
- Harm has actually been done to a person (or their property in their presence)
- Harm is likely to be done to a person (or their property in their presence)
If words are to breach the peace, to what threshold must they rise?
They must make someone believe that they are at imminent risk of an assault. Threats need to be accompanied with the necessary physical conduct.
Can a breach of the peace occur in both public and private premises?
Yes, including residential property
What steps can a police officer take when there is a breach of the peace?
Any steps which are reasonable to terminate a breach or to prevent a likely one, including arrest and forcing entry on to private premises
How close in temporal proximity must a harm likely to be done be?
Imminent
Although a breach of the peace is not a criminal offence, what order could a person to subject to and what is the effect of this?
Binding over order, which means they must maintain the peace and keep good behaviour for a specified period of time
In what three circumstances must advance notice of a public procession (march) be given to the police?
If the procession is intended to:
- Demonstrate support for or opposition to the views or actions of any person or persons
- Publicise a cause or campaign
- Mark or commemorate an event, unless not reasonably practicable to give notice
How far in advance of a qualifying procession must notice be given to the police?
Six clear days, and if not possible, as soon as is practicable
What does clear days mean for the purposes of notifying about a procession?
The day notice is given and the day of the procession are not included
Where must notice of a procession be delivered?
A police station located in the area where the procession is to take place
What four things should the notice specify?
- Date of procession
- Time of procession
- Route of procession
- Name and address of organiser
What processions, even though they may fall under the categories of one for which notice must generally be given, are exempt from the notice requirement?
Processions which are commonly or customarily held, and funeral processions
What are the two things, one of which is sufficient, that a chief constable/most senior officer present) must reasonably believe, in order to place conditions on a procession?
- Procession will result in serious public disorder, serious damage to property, or serious disruption to the community, or
- The purpose of the procession is to intimidate others with a view to compelling them not to do something they have a right to do, or do something they have a right not to do
If this standard is reached, what conditions can be imposed on a procession?
Any condition necessary to prevent the issue which satisfied the standard
What is a defence to the general criminal offence of failing to comply with conditions placed on a procession?
That the failure to comply arose from circumstances beyond their control
What is required to ban a public procession and what is the maximum period a ban can last?
If, due to the circumstances, chief constable feels that no conditions can be imposed to prevent the issue, the procession can be banned for a maximum of three months
In order to ban a procession, who does the chief constable make the application to in (1) City of London and Greater London, and (2) England, outside of London?
- London: Home Secretary
- Outside London: Local council
What is a public assembly?
An assembly of two or more persons in a public place which wholly or partially in the open air
For what reasons can a senior police officer give directions to organisers/participators in a public assembly?
The same as apply to placing conditions of a procession
What is required of restrictions/conditions on public assemblies?
They must be proportionate, i.e. necessarily limited to achieving the specified ends
What is a trespassory assembly?
Assembly:
- Involving 20 or more persons
- On land which public have no or limited access to
- Which is likely to be held without the permission of or exceed the permission given by the occupier, and
- May result in serious disruption to the community, or cause significant damage to land, buildings, or important monuments
Is an assembly on a highway a public assembly?
No, unless it is blocking the highway
Is trespassory assembly a criminal offence?
Yes
What is the police power regarding a banned trespassory assembly and in what way does this differ to breach of the peace?
Police can stop anyone they reasonably believe to be on their way to a banned trespassory assembly and direct them not to attend.
Different to breach of the peace as there is no requirement of that the harm be imminent.
