Article 11 The Right To Freedom Of Assembly And Association

Question 1

Sc1 article 11

Answer 1

Everyone has the right to freedom of peaceful assembly and to association with others including the right to form and join trade unions

Question 2

Peaceful assembly

Answer 2

Meetings in public or private and can include marches protests and demonstrations
Appleby v uk- no violation
Ollinger v Austria- violation

Question 3

Association with others

Answer 3

The right to form an associations and not to. Is more than spending time together
Redfearn v uk- bus driver unfairly dismissed

Question 4

Trade unions

Answer 4

The right to join trade unions or not
Young, James and Webster v uk- cannot be forced to join a trade union

Question 5

Sc 2 article 11

Answer 5

There should be no restriction unless
It’s prescribed by law
Necessary in a democratic society
For a legitimate aim

Question 6

Prescribed by law

Answer 6

You should not restrict a peaceful group due to another violent group
Beatty v gilbanks- stopped Salvation Army parade due to violent group

Question 7

Necessary in a democratic society

Answer 7

Cisse v France- necessary to break up a demonstration

Question 8

Legitimate aims

Answer 8

National security , public safety- platform, arzte v Austria
Prevent crime
Protection of health and morals
Protect rights of others

Question 9

Restricted by English law

Answer 9

Breach of peace
Trespass
Public order offences

Question 10

Breach of the peace

Answer 10

R v Howell
When harm is done or likely to be done to a person or property
Not a criminal offence
Can resolve without using common law powers
Use law power of arrest- hicks v uk
Use law power of entry

Question 11

Laporte v cc of Gloucestershire constabulary

Answer 11

Passengers on a coach ordered to return to London

Question 12

Kettling

Answer 12

Austin v uk- lawful
Moos v Mpc- not lawful

Question 13

Trespass

Answer 13

Unjustifiable interference with land which is in the possession of another

Question 14

Sc61 of CJAPOA tresspass

Answer 14

Allows the police to direct trespassers from land after refusal by occupier
Due to damage of land
Threatening occupier
6+ vehicles on land

Question 15

Sc68 CJPOA aggravated trespass

Answer 15

An offence to intimidate, obstruct or distrust people carrying out lawful activity
Edward baver v dpp

Question 16

Sc 70 CJPOA trespass

Answer 16

Prohibits a trespassers assembly on private land if it is without permission of the occupier or damage to a historical site

Question 17

Public order offences

Answer 17

Sc11POA- notices have to be given up to a week before any procession to a police station
Sc12- restriction can be set which restrict place,duration,route and numbers
Sc13- can prohibit a procession for up to 3 months