Article 11: Free assembly and protest laws

Question 1

Three rights protected by Article 11

Answer 1

(1) Peaceful assembly
(2) Freedom of association with others
(3) Form and join trade unions

Question 2

Case that shows a gathering doesn’t have to be non-peaceful for a public authority to shut it down

Answer 2

Cisse v France

A group of migrants demonstrated peacefully in a church. After going on for two months the authorities shut it down due to sanitation deteriorating. Even though it was peaceful, this didn’t breach A11

Question 3

Case that shows a private landowner can prohibit gatherings on their land without breaching A11

Answer 3

Appleby v UK

Shopping centre removed people who were handing out leaflets there. Held no breach of A11 - a private landowner can prohbit a demonstration on their land if it can take place at an alternative place

Question 4

Case showing that joining a political party is an “association” protected by A11

Answer 4

Redfearn v UK

A guy joins the BNP, and is then sacked by his employer because of it (he drives school buses in an area with a high Asian population). He is unable to claim for unfair dismissal and this breaches A11

Question 5

Case showing that there can be positive obligations on the state under Article 11

Answer 5

Plattform ‘Ärzte für das Leben’ v Austria (1988)

A group of anti-abortion campaigners demonstrated, and counter-protestors disrupted it. The ECtHR found the state could be obliged to prevent disruption by counter-demonstrators, to allow A11 rights to be realised

Question 6

Under the Public Order Act 1986, you need to notify the police in advance if…

Answer 6

…you’re organising a public procession (but not an assembly)

Question 7

Case showing you’re allowed to gather next to a highway, when you’re not obstructing it

Answer 7

DPP v Margaret Jones

Protestors demonstrate at a road near Stonehenge - police shut this down, but this breaches A11 as they were not obstructing the road

Question 8

What is the definition of a “procession”?

Answer 8

A body of persons moving along a route

Question 9

Which three sections of Public Order Act 1986 relate to processions?

Answer 9

s11: Requirement to give notice
s12: Police may impose conditions
s13: Police may prohibit procession

Question 10

For what types of procession must notice be given?

Answer 10

When the procession:
- Intends to demonstrate support or opposition to a particular view
- Publicizes a cause
- Commemorates an event

Question 11

When does notice under s11 POA 1986 not have to be given?

Answer 11

• When it is not reasonably practicable
• When it is a funeral procession
• When it is a procession customarily held in that area

Question 12

How much notice of a procession must be given?

Answer 12

Six days

Question 13

When can the police place conditions on a procession or assembly?

Answer 13

1. When the senior police officer has RG2B that:

It may cause:
- Serious public disorder,
- Serious damage to property, or
- Serious disruption to the life of the community, or

2. The purpose of organisers is to intimidate others, to compel them not to do sth they have a right to to, or not to do sth they have a right to do, or
3. The noise may cause:
   - Serious disruption to the activities of an organisation in the vicinity
   - A significant impact on persons in the vicinity (intimidation or harassment / alarm or distress in persons of reasonable firmness)

Question 14

When can a procession be banned?

Answer 14

Under s13 POA 1986, only if imposing conditions will not be enough to prevent serious public disorder

All processions (or a class of processions) in an area can be banned for up to three months

Question 15

Who can ban processions?

Answer 15

Outside London: Chief Constable asks the local authority, who ask the Home Secretary

In London: Met Police Commissioner asks the Home Secretary

Question 16

How is “assembly” defined in POA 1986?

Answer 16

“An assembly of two or more persons in a public place which is wholly or partly open to the air”

Question 17

When can a trespassory assembly be banned?

Answer 17

Under s14A POA, when the senior police officer has RG2B that it may result in:

• Serious disruption to the life of the community or,
• If the land/building/monument is of historical, architectural, archeological or scientific importance, in significant damage to the land/building/monument

Question 18

What is the effect of a banning order for trespassory assemblies under s14A POA 1986?

Answer 18

An order can prohibit all trespassory assemblies within a 5-mile radius, for up to 4 days

Question 19

When can the police disperse an assembly other than under Public Order Act 1986?

Answer 19

Using their common law powers, they may disperse an assembly to prevent an imminent breach of the peace

Question 20

Case that showed a breach of the peace must be imminent for the police to be able to interefere with the right of free assembly

Answer 20

R (Laporte) v Chief Constable of Gloucestershire Police [2006]

Question 21

Meaning of “aggravated trespass”

Answer 21

Trespass with the intention to intimidate or disrupt an activity which is lawfully being undertaken on the land

Question 22

What statutory provision relates to blocking a road?

Answer 22

Highways Act 1980 s137: “If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway, he is guilty of an offence”