Lesson 6 Public Order Legislation

Question 1

Human rights act relevance?

Answer 1

Article 10 - freedom of expression

Article 11 - freedom of peaceful assembly

Question 2

What are the laws surrounding public processions?

Answer 2

Section 12 Public Order Act

Organisers must give at least 28 days written notice to both the local authority and the chief constable.

It must include details of the date, time, route and the number of people likely to attend.

On receipt of this after consultation with the chief constable the local authority may:

1) Grant permission for the procession in its proposed format
2) Make an order to prohibit it or
3) Make an order imposing conditions

Question 3

What offences relate to public processions?

Answer 3

Section 65 Civic govt (Scotland) Act 1982 creates the following offence

An offence for the organiser of a procession to hold a public procession in contravention of conditions imposed by such an order

An offence for any persons to take park in such an unlawful procession by only if they refuse to desist on being required to do so by a constable in uniform

Question 4

What are police powers in relation to public processions?

Answer 4

Section 12 of the Public Order Act 1986

Provides police with certain powers to control public processions but only if, in the circumstances, the procession is likely to cause:

• Serious public disorder
• Serious damage to property
• Serious distribution to the life of the community
• Intimidation towards other persons with a view of compelling them not to do any lawful act e.g. work during a strike

In these circumstances the most senior police officer present may impose such directions or conditions as seen fit on the organiser or persons present to prevent such disorder and intimidation

Question 5

Define public assembly?

Answer 5

An assembly of 20 or more persons in a public place which is wholly or party open to air

S16 Public order act 1986
Public place means:-
A) a highway or in Scotland any road within the meaning of the roads (Scotland) act 1984 and

B) any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permissions

Question 6

Public assemblies police control

Answer 6

S14 Public Order Act 1986 provides the most senior officer present similar powers to s12 reasonably believes that:

(Only if having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held)

1) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community or
2) the purpose of the persons organising it is in the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have the right not to do.

Question 7

What are public assembly offences?

Answer 7

It is an offence for the organiser of the assembly or any persons present to knowingly fail to comply with such a condition.

It is also an offence for any persons to incite persons taking part to fail to comply with such conditions.

Question 8

Define Mobbing and rioting

Answer 8

“A mob is a group of persons acting together for a common illegal purpose to the alarm of the Lieges and in breach of the peace”

Question 9

Essential elements of mobbing and rioting ?

Answer 9

1) Concourse I.e. there was a mob and
2) Illegal combinations I.e. individuals in the mob must have acted together to defy legal authority
3) Alarm to lieges i.e. there was alarm and breach of the peace in the neighbourhood

No number as to how many required for a mob

Question 10

NB

Answer 10

Mobbing and rioting can be hard to prove.

Breach of the peace is an alternative charge.

This is

Question 11

What are the stop and search powers in relation to Mobbing and Rioting?

Answer 11

S60 Criminal Justice and Public Order Act 1994 provides that if an inspector or above reasonably believes that:-

1. The incidents involving serious violence may take place in any locality in their area, and that it is expedient to give an authorisation under this section to prevent their occurrence, or
2. That persons are carrying dangerous instruments or offensive weapons in any locality in their police area without good reason

THEN inspector may give an authorisation that the s60 CJ and PO Act powers are to be exercisable at any place with that locality for a specified period not exceeding 24 hours.

When s60 authorised an officer in uniform may:-
1) Stop any pedestrian and search then or anything carried by them for offensive weapons or dangerous instruments

2) Stop any vehicle and search the vehicle, it’s driver and any passengers for offensive weapons or dangerous instruments
3) Require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing their identity
4) Seize any item which the constable reasonably believe any person intends to wear wholly or mainly for that purpose.

If this is involved you will be briefed ensure the following is recorded in notebook

Authorising officer
Time authorised
Locality covered

SUPERINTENDENT OR ABOVE CAN AUTHORISE FOR A FURTHER 24 HOURS.

Question 12

S60 offences

Answer 12

It is an offence for any person who fails:

• to stop
• or stop and vehicle: or
• to remove an item worn by them