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Law - Human Rights > HR - Article 11 > Flashcards

HR - Article 11 Flashcards

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1
Q

What right is A.11?

A

It is the right to protest and to form groups

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2
Q

Is A.11 a qualified right?

A

Yes, which means it can be interfered with in certain circumstances

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3
Q

Under what circumstances can A.11 be interfered with?

A

Public safety, to prevent crime and to protect the morals/health and the freedoms of others.

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4
Q

What must the interference be to be lawful?

A

It must be necessary and proportionate

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5
Q

What does A.11 include the rights for?

A

Lawful meetings, marches, protests and demonstrations

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6
Q

When can A.11 include the extra rights of gatherings?

A

When they are peaceful and there is a shared political and economic purpose.

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7
Q

What does A.11 allow people to form or join?

A

Associations, like trade unions or associate with others for a common political/economic purpose.

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8
Q

What does A.11 not protect against?

A

Violent protests and the burden of proving the intentions of the protest are on the authorities.

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9
Q

What will the court assess? (in regards to the motive of the assembly)

A

whether the assembly intended to be peaceful if the applicant demonstrated violent intentions when joining the assembly and if there was any bodily harm inflicted

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10
Q

What case is used to describe how the courts assess the motives of an assembly

A

Gulcu

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11
Q

What does the case Gulcu sta?

A

That the protest will be violent if there was any bodily harm inflicted

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12
Q

When can the police not interfere with a protest?

A

If they disagree with the protestor’s views, if there is a tension between groups and if the protest is inconvenient/ a nuisance.

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13
Q

What should the police do in regards to protests?

A

The police must take reasonable steps to enable the protest.

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14
Q

What does the law say protestors need to do to hold a protest?

A

They need to give the police notice of their plans in advance

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15
Q

Is it a breach of A.11 if they notify the police of their protest? why?

A

No, as it is to lawfully restrict the process through reasonable measures and so the protestors can negotiate it with the police over the time place and manner of conduct.

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16
Q

What case claims that there are lawful restrictions for protests?

A

Ziliberberg

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17
Q

When will a protest be considered unlawful?

A

When protestors do not alert the police

18
Q

What act is the POA?

A

Public Order Act

19
Q

What does S.11 of A.11 state?

A

That protests will be unlawful if they don’t notify the police.

20
Q

What does A.11 also state? (a reason not to notify the police)

A

they don’t have to give a notification if it is an obstacle to free assembly, where the police will potentially stop them from protesting.

21
Q

When can the police stop a protest?

A

if the believe it may result in: serious public disorder, property damage and disruption to the community or the purpose is to intimidate others. This is stated in sections 12 and 14 POA.

22
Q

What does s.12 POA state?

A

that police can influence the route the procession takes, by potentially restricting certain areas.

23
Q

What does s.14 POA restrict?

A

the location and the maximum number of people who can participate and the duration of the assembly.

24
Q

Where is there no right to protest?

A

On private land

25
Q

What type of protest can the police ban?

A

A public procession, a moving march, but not a public assembly (a still demonstration).

26
Q

When can the police ban a public procession?

A

The police can only do so if they are justified by extreme circumstances, like the real threat of public disorder. However, they cannot ban a standing movement.

27
Q

What is a breach of peace?

A

Breach of the peace is the power of the police to arrest and detain if others see or hear someone and they feel alarmed

28
Q

What case states the definition of Breach of peace?

A

Howell

29
Q

What must an action that prevents a breach of peace be?

A

must be compatible with the ECHR and must be necessary and proportionate.

30
Q

What does the S.4 POA state?

A

S.4 POA is the intent to turn a protest violent. A protest might be violent because there is threatening or abusive words, there is disorderly behaviour or there is an intent to cause harassment, alarm or distress.

31
Q

What does the S.5 POA state?

A

S.5 is when the protest has turned violent, this can be seen when there is threatening words, there is disorderly behaviour and it is likely to cause harassment, alarm to distress within sight or hearing of a person

32
Q

If there is damage during a march what can it be defined as?

A

A riot, as stated in s.1 POA

33
Q

What is public disorder described as?

A

If a reasonable person fear for safety, as stated in S.2 POA

34
Q

What can the police use breach of peace as?

A

Can use breach of peace as preventative measure

35
Q

What case states the police can use BOP as a preventative measure?

A

Hicks

36
Q

Can the police be caused harassment, alarm or distress?

A

Yes, as stated by s.89 Police Powers Act

37
Q

What does Duncan say about police being harassed?

A

The officers must have a higher tolerance to abusive words than the average person, so the conduct must go further than what the ordinary person is expected to take.

38
Q

What defence can the applicant make for BOP?

A

That there was no one to hear or see them. Like, The person was inside a dwelling and did not believe anyone could hear or see them or the conduct was reasonable as seen

39
Q

How are defences tested?

A

Through being compared to the ordinary reasonable person test.

40
Q

Is BOP a crime?

A

No, not a chargeable offence it is purely to help police control the situation of a protest.

Law - Human Rights (13 decks)

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