Article 11 - Topic 19 Flashcards
Peaceful assembly cases
DPP v Jones - A peaceful protest outside Stonehenge should have been allowed.
Appleby v UK - you aren’t allowed to assemble on ‘private property’.
is Article 11 a qualified right?
Yes
What is Article 11(1)
Everyone has the right to freedom of peaceful assembly and to freedom of association with others including the right to join and form trade unions.
What is Article 11(2)?
No restrictions can be placed on these rights expect those that are necessary in a democratic society:
- in the interests of national security or public safety.
- for the prevention of disorder or crime.
- for the protection of health or morals.
- for the protection of the rights and freedoms of others.
What is Association?
The right to come together with others to form an association. This includes the right to form and join trade unions and to join with others to pursue or advance common causes and interests. Equally it is the right not to be compelled to join an association. Political parties have been found to be an association, Readfern v UK
Necessary in a democratic country case
Cisse v France necessary to break up a peaceful demonstration by asylum seekers for sanitary reasons.
Counter demonstrations cases
Beatty v Gillbank An order stopping the salvation army parading through the town because of violence from another group was unlawful.
Platform v Austria Protests may annoy and offend but the state may interfere if violence is likely.
May prevent a counter demonstration only when necessary to do so
Oilinger v Austria 6 Jewish people wished to gather at a cemetry in Austria to holocaust victims. Members of the SS were also going to congregate.
Oilinger’s assembly was prohibited.
Restrictions on Article 11
R v Howell when someone apprehends that property or people are going to be damaged/ hurt in their presence.
If police reasonably believe there is going to be an imminent breach of peace they can:
Arrest for a period of time Hicks v MPC
Contain (kettle) in all of the following cases it was held that kettling was a deprivation of liberty:
Austin v UK
Mengesha v UK
Moos v MPC commissioner
Tell to move away or go in another direction:
Laporte v CC of Glousteshire Turning coaches back wasn’t a proportionate or necessary use of powers of breach of the peace.
Trespass to land
A civil tort which does not give the police many powes
S68 CJPOA
Aggrivated trespass is an offence if you trespass on land and yu intend to:
intimidate any person going about their lawful business on the land or obstruct/ disrupt their activity.
Aggrivated trespass cases
Edward Baver v DPP
DPP v Chives
S70 CJPOA
Trespassory asembly. Disrupt life of community or cultural/ scientifically important site
S61 CJPOA
If owner has asked trespassers to move police may take action if:
Damage to land
Threatening or abusive language
6 or more vehicles
S63 CJPOA
People can break up raves if there is 200 or more people playing amplified music
The Public Order Act 1986
Section 11
Notice must be given to the police 6 days before with your name, time of the procession, route and the estimated number of people who will be attending.
Failure to do so is an offence.
The Public Order Act 1986
Section 12
Police officers can impose conditions on a procession if they reasonably believe serious disruption can occur.
Restrictions can be applied based on the place, duration and the number of people attending.
The Public Order Act 1986
Section 13
In exceptional circumstances a senior police officer can prohibit/ ban a procession.
All the above powers now apply to static assemblies as well as due to legislation parliament passed in the Crime and Sentencing Act 2022.
The Public Order Act 1986
Section 1
Riot = 12 or more people
The Public Order Act 1986
Section 2
Violent disorder - 3 or more people
The Public Order Act 1986
Section 3
Affray - behaviour of the accused makes the public fear for their safety.
Conduct, beyond words, which is directed at a person or people.
The Public Order Act 1986
Section 4
Fear a provocation of violence.
A person uses threatening, abusive words or uses signs which are threatening or abusive and a person fears that immediate unlawful violence will be used against them.
The Public Order Act 1986
Section 4A
Uses words or signs with intent to cause harassment, alarm or distress.
The Public Order Act 1986
Section 5
Uses words or signs likely to cause harassment, alarm, distress