constitutional law

Question 1

what is the sub-judice rule

Answer 1

parliament will refrain from discussing cases that are before the courts

Question 2

How many days’ notice is required for processions?

Answer 2

6 clear days’ notice of the time, date and route

Question 3

where should notice be delivered to for processions?

Answer 3

to the local police station

Question 4

What is the consequence of not giving notice for processions? What are the two relevant defences?

Answer 4

fine not exceeding £1,000.
Defence can be that the organiser was unaware that no notice was given; or that the departure from details was beyond organisers’ control

Question 5

When can the police place conditions on processions

Answer 5

when senior police officer believes it will result in:
serious public disorder
serious damage to property
serious disruptions to life of the community
purpose is to intimidate others

Question 6

who is a senior police officer for the purposes of processions?

Answer 6

most senior police present at the scene (current)
advance: chief constable of relevant police force/commissioner of police for london

Question 7

if s.12 powers are insufficient, who should chief officer apply to?

Answer 7

local authority, with consent of home secretary, in a period not longer than 3 months. made in writing. can be challenged by judicial review. can’t ban a specific protest, just a type

Question 8

what are the consequences for breaching:
prohibition on organising
prohibition on participating
prohibition on inciting someone to participate

Answer 8

1) imprisonment, fine
2) fine
3) imprisonment, fine

Question 9

what is the requirement to give notice of public assembly?

Answer 9

no notice is required. (NB public processions are something different)

Question 10

how long can a prohibition against a trespassory assembly be for?

Answer 10

4 days

Question 11

from where does authority for breach of the peace derive?

Answer 11

common law

Question 12

what are the grounds of judicial review under illegality?

Answer 12

• delegation (but NB: carltona principle, s.101 local government act)
• fettering of discretion
• improper or unauthorised purposes
• dual purposes
• irrelevant/relevant considerations
• errors of law
• errors of fact

Question 13

what are the grounds of judicial review for irrationality?

Answer 13

• Wednesbury unreasonableness

Question 14

what are the grounds of review for procedural impropriety?

Answer 14

• rule against bias
• right to a fair hearing