Article 11

Question 1

1) Intro

Answer 1

•Everyone has the right to freedom of peaceful assembly and association with others, including the right to form and join trade unions for the protection of his interests.

Question 2

2) Positive and negative duty on state

Answer 2

• There’s a positive duty on the state to protect the right to freedom of peaceful assembly and association.
• There’s a negative duty on the state not to interfere with the right to freedom of assembly and association unless allowed under Article 11.2.

*Apply law to scenario - what rights does C have? What is duty of the state?

Question 3

3) Right to freedom of peaceful assembly (part 1)

Answer 3

• In Beatty it was held that people could march peacefully and lawfully even though another group opposing them raised the possibility of conflict.
• Even if there’s a risk of clashes with counter-demonstrations, police have to preserve public order and shouldn’t ban protests (UMO Llinden).
• An assembly is still peaceful even if it’s known that it will provoke a counter-demonstration.
• In Arzte fur das Leben it was held a demonstration may annoy/give offence but the group must be able to demonstrate without fear of physical violence from their opponents.

Question 4

3) Right to freedom of peaceful assembly (part 2)

Answer 4

• There’s a duty on the state to protect citizens and maintain order.
• Even a peaceful assembly can be disbanded (Cisse).
• You don’t have the right to assemble wherever you like (Appleby).

*Apply cards 3 & 4 to scenario

Question 5

4) Limitations under Article 11.2

Answer 5

•Freedom of assembly and association can be restricted where three elements are satisfied.

•First, the restriction is prescribed by law - this means the interference is clearly allowed by the law of the relevant state.
*Apply - here, the interference is allowed by the Public Order Act 1986.

•Secondly, the interference must be aimed at protecting a legitimate aim.
*Apply - here the legitimate aims which can be argued are… public safety/prevention of disorder or crime/protection of health or morals/protection of rights or freedoms of others.

•Lastly, the interference must be necessary in a democratic society. This looks at whether the means used are proportionate to the legitimate aim.

• Apply:
• is states act effective?
• is it least intrusive measure possible?
• is it balanced?

Question 6

5) Organising a march

Answer 6

• S.11 of the Public Order Act 1986 sets out the law on organising a march.
• The organiser is required to give advance written notice of the march which sets out the date, time and proposed route of the march and be delivered to the police station by hand/recorded delivery. It should include the name and address of one of the organisers.
• Failure to give notice could result in a fine up to £1,000.
• There’s no requirement to give notice of a static demonstration.

*Apply - has C organised the march correctly or have they failed to give notice?

Question 7

6) Police conditions

Answer 7

• Under S.12 & 14 of the Public Order Act, the police can impose conditions on the march.
• Once the march is underway the senior officer can give oral instructions.
• Conditions can only be imposed if the officer thinks the march will result in serious public disorder, serious property damage or serious disruption to community.

An organiser who fails to comply with the conditions may be fined up to £2,500 or sentenced up to 3 months imprisonment.

*Apply - are polices conditions justified and did C follow them?

Question 8

7) Obstruction of the highway (only if relevant)

Answer 8

• Wilful obstruction of the highway is an offence and gives power to order removal of the obstruction.
• In DPP v Jones, it was held that a peaceful assembly on the highway which didn’t unreasonably obstruct the highway wasn’t a trespassory assembly.

*Apply

Question 9

8) Aggravated trespass (only if relevant)

Answer 9

•Aggravated trespass is a criminal offence.
•A person commits this offence if they trespass on land and do anything intended to have the effect of:
-intimidating/deterring someone from engaging in a lawful activity on the land
-obstructing/disrupting that activity.

Question 10

9) Trespassory assemblies (only if relevant)

Answer 10

•A chief officer may apply for an order prohibiting all trespassory assemblies if they reasonably believe:

• an assembly will be held on land to which the public has no right of access,
• the assembly is likely to take place without permission of the occupier,
• it may result in serious disruption to community life or damage an important site.

Question 11

10) Conclusion

Answer 11

Has C’s rights under Article 11 been breached?