Constitutional and Administrative Law - Public Order Law

Question 1

Qualified Rights

Answer 1

Can be limited as is prescribed by law and necessary in a democratic society for the purpose of national security, public safety and prevention of crime and disorder

Question 2

Breach of the Peace

Answer 2

Person genuinely in fear of harm, harm has actually been done or harm is likely to be done. Applies to their person and property. Can take place in public place or on private premises

Question 3

Harm likely to be done

Answer 3

Breach of the peace must be imminent

Question 4

Binding over order

Answer 4

Breach of the peace is not a criminal offence but can be made subject to a binding over order - i.e. promise to be well behaved

Question 5

Notice of procession

Answer 5

If march is in support of or opposition to views or action of a person or persons, publicise a cause or campaign, mark or commemorate and event

Question 6

Notice Requirements

Answer 6

Given at least six clear days before the proposed date of procession (date notice given and date of march are excluded) or as soon as reasonably practicable. Delivered to police station in the area of the procession. Provide date, time, route and name and address of organiser(s).

Does not apply to processions commonly or customarily held - e.g. Remembrance Sunday parade

Question 7

Conditions

Answer 7

Conditions can be imposed on a procession by a senior police officer (either Chief Constable or most senior police officer present at the march) if:

• Serious public disorder, serious damage to property or serious disruption to community
• Intimidate others
• Serious disruption to an organisation or significant impact on persons in the vicinity

Question 8

Ban on procession

Answer 8

If chief constable feels that no conditions can be imposed they can apply to ban all or a specified class of processions for up to a maximum of 3 months

Question 9

Public Assemblies

Answer 9

Two or more persons in a public place which is wholly or partially in the open air. Directions can be given to the organisers if the senior police officer reasonably believes that the assembly:

• May result in serious disorder, serious damage to property or serous disruption
• Was organised with the intention to intimidate others

Question 10

Trespassory Assembly

Answer 10

20 or more persons on land to which the public have no or limited rights of access. Held without the permission of the occupier of the land or exceed any permission granted or any right of public access and may result in serious disruption or cause significant damage

Question 11

Ban on trespassory assemblies

Answer 11

Chief Constable can apply to local council to ban. In City of London and Greater London must apply to Home Secretary