Human Rights - Public Order

Question 1

Introduction

Answer 1

• Article 10 + 11 ECHR (freedom of expression + freedom of association)
• Qualified
  – Beatty v Gillbanks - ruled people had the right to march peacefully
  – Austin - Lord Hope = ‘one of the features of a vigorous and healthy democracy is that people are allowed to go out onto the streets and demonstrate’
• Policing of these activities controversial - accused of being disproportionate
  – Ian Thomlinson - struck by police officer - died
• Police - s.6 - can be sued

Question 2

Powers of police to regulate processions

Answer 2

• Public Order Act (1986), amended by the Criminal Justice and Public Order Act (1994)
• Some of provisions have been replaced in the Police, Crime, Sentencing and Courts Act (2022)
• Procession = march (Flockhart v Robinson) = number of people moving together along a route (doesn’t specify no. of people)
• Assembly = least 2 people in a public place which is wholly / partly open to the air

s.11 POA = organisers must give advance 6 clear days:
- date
- time
- proposed route
- name + address of persons proposing it

s.11(1) = don’t have to give notice if it’s not reasonably practical = spontaneous protest
s.11(7) = organisers guilty of summary offence if notice requirement not satisfied (unless occurred due to circumstances outside their control)

s.12 of PCSC (2022) = imposing conditions on processions if meet 1 of 6 qualifying triggers:
1) serious public disorder
2) serious damage to property
3) serious disruption to the life of the community
4) in ‘noisy protest’ - noise generated - disruption to activities of an organisation in the vicinity (PCSC Act 2022)
5) noise - harassment, intimidation, alarm or distress (PCSC Act 2022)
6) belief in presence of intimidation or coercion for any of the above

• Can disperse, but seen as disproportionate. Can impose conditions - change route etc.

– Reid = triggers should be interpreted strictly and the words diluted
– Newsgroups Newspapers v Sogat = abuse + shouting didn’t amount to a threat of violence
– Kent v Metropolitan Commissioner = challenge would only succeed if it was held to be unreasonable (e.g. no trigger existed)

• Criminal charges - member of the process]ion knowingly fails to comply with a condition imposed (unless circumstances outside their control - s.12(4))
• s.12(5) = organiser not responsible for actions of participants who face criminal charges, unless they incite it
• s.13 = ban order - prevent serious public disorder
• no more than 3 months
• only for one district
• blanket ban on all - can’t ban single protest

Question 3

Powers of the Police to regulate assemblies

Answer 3

s.14 - same 6 triggers (s.12 PCSC (2022)) [before more relaxed cause assemblies less disruptive than procession but same triggers now]

• PCSC also includes 1 person protests (before had to be 2)
• s.14 - conditions: place its held, duration, max no. of people, can arrest those who fail to comply
• Don’t have to give notice like processions under s.11
  – Police tried unsuccessfully to execute their powers under s.14 in DPP v Baillie
• Conditions imposed must be proportionate - R (Brehony) v Chief Constable of Greater Manchester
• Brickley and Kitson v Police - must breach conditions knowingly
  – Extinction rebellion 2019

Evaluation:
- PCSC changed level of knowledge - b4 ‘knowingly’, now ‘know or ought to know’
- Be less disruptive but still subject to same conditions
- 1 person - restriction on freedom of assembly + expression

Banning orders on assemblies:

– Leading case: Jones and Lloyd v DPP - assembly on route to Stonehenge - on side of road - not trespassory

• Criminal Justice and Public Order Act (1994) inserted *s.14A** into Public Order Act (1986)
• Ban assemblies where it takes place on private land without landowner’s consent
• Must be applied for by Chief Officer of Police to local council who needs Home Sec’s consent
• Chief Officer must have reasonable belief that:
  [I] Assembly likely to be trespassory
  [II] Held on land the public has no right to be on / without permission OR on land only limited access + likely to exceed permission of landowner
  [III] and - result in serious disruption to life of community or historical, scientific, archaeological significance
• Order exists for 4 days within 5 mile radius
• s.14C - police can stop ppl within 5 mile radius if they believe they were on their way to the assembly

Evaluation:
- ‘Serious disruption to the life of community’ - very vague
- Ban extends to all trespassory assemblies - even peaceful ones