Breach of Peace, Processions and Assemblies Flashcards
Is breach of the peace a criminal offence?
No, but arrests and binding over orders can be made
When does breach of the peace occur?
When harm is done, or likely to be done, to a person or to a property in the person’s presence (or where a person is made fearful of it).
What is a requirement to find breach of the peace?
It must be imminent - any verbal threats must be accompanied by the physical conduct
What is required for a public procession?
Notice must be given 6 clear days in advance, to the police station in the intended area, stating the time/date/route/contact details of the organiser
What kind of public processions require notice?
Campaigns, commemorations, and protests supporting or opposing a certain view
Funeral marches or customarily held marches do not require notice
Can the police ban or impose conditions on public processions?
Yes.
When are conditions imposed and by whom?
By the most senior police officer at the march, if there is likely to be serious disruption to community life or serious public disorder, damage to property, or where the protest is intended to intimidate others
When can a procession be banned and by whom?
If conditions are insufficient, then the Chief Constable can apply to the local council or to the Home Secretary (if in London) to ban the procession
What is a public assembly?
2 or more people, in a public space, in the open air (partly or wholly)
Can the police ban or impose conditions on public assemblies?
They can only impose conditions for public assemblies
What is a trespassory assembly?
20 or more people, in a place usually limited from the public, where permission has been exceeded, or where there is likely serious disruption to community life, or damage to property of archaeological/historical/scientific value
Can the police ban or impose conditions on trespassory assemblies?
They can only ban it
