llii Flashcards
State interference with a persons qualified rights must be (e.g Article 10 and 11):
Prescribed by law, in pursuit of a legitimate aim, necessary in a democratic society (proportionate).
What advance notice must be given in advance of a public procession?
Six clear days. (custom/funeral no need).
In what circumstances can police impose conditions on public procession?
SENIOR POLICE OFFICER REASONABLY BELIEVES THAT:
- May result in serious public disorder, damage to property, or disruption to life of community.
- Significant noise impact, may result in serious disruption.
-Purpose of organisers is intimidation of others with a view to compelling them to do/not do do something they have a right to do
The senior police officer can give directions that appear to him necessary. Should provide sufficient reasons.
What defences are there under procession s 12 POA
- Organiser failures to comply with condition were from circumstances beyond his control.
- Participator same.
Where does the power to prohibit a procession come from and what are the requirements?
s 13 POA. Chief police officer can apply for one if reasonably believes that because of particular circumstances the powers under s12 (conditions) will not be sufficient to prevent processions in that district from resulting in serious public disorder.
Can’t be more than 3 months, LA may need to get consent from Home Secretary.
(note in London chief police doesn’t need to apply- has the power).
What is the scope of POA s 14?
Conditions on assemblies. Senior police officer reasonably believes that it may result in serious public disorder, damage to property, or disruption to the life of the community.
Also if purpose is intimidation and compulsion, or noise may have a significant impact.
Can impose conditions on assemblies if they appear necessary to prevent risks of disorder, damage, impact, intimidation.
Conditions should be imposed in writing.
In what cases can the police prohibit assemblies
s14A - tresspassory assemblies. 20 or more persons held at a place where the public has no or limited right of access.
Reasonably believe a tresspassory assembly is intended to be held without the permission of occupier of land or to exceed the limits of permission, and may result in serious disruption to the life of the community or if there is a historical, architectural etc monument or building, significant damage to that.
When can the police stop an anticipated breach of the peace?
Reasonable apprehension of a sufficiently imminent breach of the peace. Can arrest, detain, disperse, kettle, if proportionate.
Prescribed by law?
Law must be adequately accessible, drafted with sufficient precision for the citizen to regulate his conduct, needs to be able to foresee consequences of actions.
There should be safeguards against arbitrary interference.
R
