Constitutional 7: Public Order Flashcards
When does breach of the peace occur?
When a person is genuinely in fear of harm to themselves or property in their presence as result of an assault, affray or other disturbance
When harm has actually been done to a persons or property in their presence
When harm is likely to be done to a person or property in their presence
- must be imminent (about to happen)
Where (location) can breach of peace occur?
Public
Private
residential property
What is a policeman’s duty in regard to breach of the peace? What can they do if it occurs?
Have duty to uphold Kings Peace
If breach of occurs
- can take such steps reasonable to terminate breach of the peace or prevent a likely one
- arresting people, forcing entry into private premises, kettling etc.
Can someone be prosecuted for breach of the peace?
Not an offence in itself
- could be made subject to bind over meaning person arrested has to maintain the peace and keep good behaviour for specified period of time
What is a public procession and when is notice of it required?
Must take place in public
Notice must be given if it held:
- in support or opposition to views or action of any person or persons
- to publicise a cause or campaign
- to mark or commemorate an event (unless not reasonably practicable to give notice)
Exceptions
- ones commonly held
- funeral directors acting in course of business
What are notice requirements of public processions?
- to police station located in area
- 6 clear days before proposed date; or
- if not possible as soon as it is reasonably practicable
- must specify date, time and name and address of the person (or one of them) organising
What is the effect of failing to give notice of public procession?
Offence - fine
Who can impose conditions of processions and when?
Either chief constable or most senior at present at procession
If they reasonably believe that:
- procession will result in serious public disorder, damage to property or disruption to the life of the community
- the purpose of the march is to intimidate others with a view to compel them to do/not do an act
What happens if someone breaches conditions put on a public procession? Is there a defence
If knowingly breach condition or incite others to so
- is an offence
Defence:
- failure to comply with restrictions arose from circumstances beyond their control
Can a public procession be banned?
If chief constable feels that no condition can be imposed to prevent serious disorder
Can apply to ban all or specified class of procession
- for up to 3 months
application made to:
- local council (outside London)
- Home Secretary (City of London and Greater London)
What is a public assembly?
Assembly of 2+ people in public place which his wholly or partially in the open air
how can public assembly be restricted?
If the senior police officer reasonably believes that assembly:
- may result in serious disorder, damage to property or serious disruption to life of community; or
- was organised with interior to intimidate others with a view to compel them not to do an act/ not act
Then can give directions to person organising or anyone taking part in way necessary to prevent such disorder etc.
However - condition must be proportionate (limited to achieving those aims)
What is a trespasser assembly?
- 20+ persons
- on load to which the public have no or limited access
- which are likely to be held without permission or occupier of land or exceed permission granted or right of public assess
And
- may result in either serious disruption to community; or
- significant damage to land, buildings or monuments of historical, architectural or scientific importance
How can a trespasser assembly be limited?
Chief constable believes that such an assembly is likely to be held can apply to ban all such assemblies
- local council (outside London)
- homes secretary (London)
What types of areas might a trespasser assembly affect?
- historical sites
- on highways that obstruct traffic
