Article 11 - Topic 19

Question 1

Peaceful assembly cases

Answer 1

DPP v Jones - A peaceful protest outside Stonehenge should have been allowed.

Appleby v UK - you aren’t allowed to assemble on ‘private property’.

Question 2

is Article 11 a qualified right?

Answer 2

Yes

Question 3

What is Article 11(1)

Answer 3

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.

Question 4

What is Article 11(2)?

Answer 4

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.

Question 5

Association case

Answer 5

Readfern v UK You are allowed to associate with any legal organisations that you want to.

Question 6

Necessary in a democratic country case

Answer 6

Cisse v France necessary to break up a peaceful demonstration by asylum seekers for sanitary reasons.

Question 7

Counter demonstrations cases

Answer 7

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.

Question 8

May prevent a counter demonstration only when necessary to do so

Answer 8

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.

Question 9

Restrictions on Article 11

Answer 9

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.

Question 10

Trespass to land

Answer 10

A civil tort which does not give the police many powes

Question 11

S68 CJPOA

Answer 11

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.

Question 12

Aggrivated trespass cases

Answer 12

Edward Baver v DPP
DPP v Chives

Question 13

S70 CJPOA

Answer 13

Trespassory asembly. Disrupt life of community or cultural/ scientifically important site

Question 14

S61 CJPOA

Answer 14

If owner has asked trespassers to move police may take action if:
Damage to land
Threatening or abusive language
6 or more vehicles

Question 15

S63 CJPOA

Answer 15

People can break up raves if there is 200 or more people playing amplified music

Question 16

The Public Order Act 1986

Section 11

Answer 16

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.

Question 17

The Public Order Act 1986

Section 12

Answer 17

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.

Question 18

The Public Order Act 1986

Section 13

Answer 18

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.

Question 19

The Public Order Act 1986

Section 1

Answer 19

Riot = 12 or more people

Question 20

The Public Order Act 1986

Section 2

Answer 20

Violent disorder - 3 or more people

Question 21

The Public Order Act 1986

Section 3

Answer 21

Affray - behaviour of the accused makes the public fear for their safety.
Conduct, beyond words, which is directed at a person or people.

Question 22

The Public Order Act 1986

Section 4

Answer 22

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.

Question 23

The Public Order Act 1986

Section 4A

Answer 23

Uses words or signs with intent to cause harassment, alarm or distress.

Question 24

The Public Order Act 1986

Section 5

Answer 24

Uses words or signs likely to cause harassment, alarm, distress