Article 11: Free assembly and protest laws Flashcards
Three rights protected by Article 11
(1) Peaceful assembly
(2) Freedom of association with others
(3) Form and join trade unions
Case that shows a gathering doesn’t have to be non-peaceful for a public authority to shut it down
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
Case that shows a private landowner can prohibit gatherings on their land without breaching A11
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
Case showing that joining a political party is an “association” protected by A11
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
Case showing that there can be positive obligations on the state under Article 11
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
Under the Public Order Act 1986, you need to notify the police in advance if…
…you’re organising a public procession (but not an assembly)
Case showing you’re allowed to gather next to a highway, when you’re not obstructing it
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
What is the definition of a “procession”?
A body of persons moving along a route
Which three sections of Public Order Act 1986 relate to processions?
s11: Requirement to give notice
s12: Police may impose conditions
s13: Police may prohibit procession
For what types of procession must notice be given?
When the procession:
- Intends to demonstrate support or opposition to a particular view
- Publicizes a cause
- Commemorates an event
When does notice under s11 POA 1986 not have to be given?
- When it is not reasonably practicable
- When it is a funeral procession
- When it is a procession customarily held in that area
How much notice of a procession must be given?
Six days
When can the police place conditions on a procession or assembly?
- 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
- 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
- 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)
When can a procession be banned?
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
Who can ban processions?
Outside London: Chief Constable asks the local authority, who ask the Home Secretary
In London: Met Police Commissioner asks the Home Secretary
How is “assembly” defined in POA 1986?
“An assembly of two or more persons in a public place which is wholly or partly open to the air”
When can a trespassory assembly be banned?
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
What is the effect of a banning order for trespassory assemblies under s14A POA 1986?
An order can prohibit all trespassory assemblies within a 5-mile radius, for up to 4 days
When can the police disperse an assembly other than under Public Order Act 1986?
Using their common law powers, they may disperse an assembly to prevent an imminent breach of the peace
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
R (Laporte) v Chief Constable of Gloucestershire Police [2006]
Meaning of “aggravated trespass”
Trespass with the intention to intimidate or disrupt an activity which is lawfully being undertaken on the land
What statutory provision relates to blocking a road?
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”
