Processions, Assemblies & BOP

Question 1

What is a public procession?

Answer 1

A public procession is a gathering that has public access and takes place along a route open to the public.

Question 2

What must organisers of a public procession do according to the POA 1986?

Answer 2

Organisers must give written notice to a police station at least six days in advance, including the date, time, route, and names of the organisers.

Question 3

When is it not required to give notice for a public procession?

Answer 3

Notice is not required if it is not reasonably practicable, if it is a common or customary event, or if it is a funeral.

Question 4

What can a senior police officer do if they believe a procession may lead to public disorder?

Answer 4

The senior officer can take measures if they reasonably believe it may result in serious public disorder, damage to property, or disruption to community life.

Question 5

Fill in the blank: The organisers of a public procession must notify the police at least _______ days in advance.

Answer 5

six

Question 6

True or False: A public procession must always be announced to the police.

Answer 6

False

Question 7

What is the role of the police officer regarding public processions?

Answer 7

The officer may give directions to the organisers or participants, including conditions on the route or restrictions on entering public places.

Question 8

What must the chief officer of police do if they believe existing powers are insufficient to prevent public disorder?

Answer 8

They shall apply to the local council for an order prohibiting public processions for a maximum of three months, requiring consent from the secretary of state for home affairs.

Question 9

What is the consequence of failing to notify or disobeying police conditions?

Answer 9

It is an offence.

Question 10

When do organisers not need to give written notice for a procession to the police for an event?

Answer 10

When the event is held regularly and is considered common or customary.

Question 11

What was the ruling in R (Kay) v Commissioner of Police of the Metropolis [2008] UKHL 69?

Answer 11

A mass protest cycle ride held monthly was deemed customary and did not require notification to the police.

Question 12

How are public assemblies defined under the POA 1986?

Answer 12

An assembly of two or more persons in a public place which is wholly or partly open to the air.

Question 13

What can a senior police officer do if they believe an assembly may lead to serious public disorder?

Answer 13

They may give directions regarding the assembly’s location, duration, and maximum number of participants.

Question 14

Is it an offence to disobey police conditions regarding assemblies?

Answer 14

Yes, it is an offence.

Question 15

Can police ban all assemblies in a district?

Answer 15

No, unlike processions, there is no power to ban all assemblies in the district.

Question 16

What case illustrates the lack of power to ban all assemblies?

Answer 16

R (Jones) v Commissioner of Police of the Metropolis (Extinction Rebellion) [2019] EWHC 2957 (Admin).

Question 17

What is the problem regarding assemblies and protests?

Answer 17

To allow protest but prevent violence and disorder.

Question 18

What is breach of the peace?

Answer 18

Breach of the peace involves violence or a threat of violence and includes provoking others to violence.

Question 19

What are the two aspects of the modern definition of breach of the peace?

Answer 19

1. An act done or threatened to be done which actually harms a person or their property, or is likely to cause such harm or puts someone in fear of such harm.
2. Conduct that has the natural consequence of provoking others to violence.

Question 20

What is the police’s duty regarding breach of the peace?

Answer 20

The police may need to act before the violence occurs if they honestly and reasonably believe there is a real risk of a breach of the peace.

Question 21

What case illustrates the police’s duty to prevent breach of the peace?

Answer 21

Moss v McLachlan [1985] IRLR 76 illustrates that the police can take reasonable preventative action if there is a real risk of a breach of the peace.

Question 22

What is a breach of the peace?

Answer 22

A breach of the peace refers to actions that disturb public order and safety.

Question 23

What powers do police have to control a breach of the peace?

Answer 23

Police may take reasonable actions to prevent a breach of the peace, including:
- Banning a procession
- Dispersing an assembly
- Entering private premises
- Detaining people
- Preventing people from traveling
- Removing provocative signs or emblems.

Question 24

How has the Human Rights Act 1998 affected police powers regarding breaches of the peace?

Answer 24

The Human Rights Act 1998 has influenced the interpretation of police powers, emphasizing the right to protest as long as it does not incite violence.

Question 25

What was the outcome of Redmond-Bate v Director of Public Prosecutions?

Answer 25

The arrest of three Christian fundamentalists was deemed unlawful as their right to free expression under Article 10 ECHR was violated.

Their speech was lawful as it did not provoke violence.

Question 26

What was the ruling in R (Laporte) v Chief Constable of Gloucestershire?

Answer 26

It was unlawful to prevent individuals from traveling to protest due to insufficient evidence of imminent violence.

The police’s actions were not justified in this case.

Question 27

What is breach of the peace?

Answer 27

Breach of the peace is not a crime, but it carries a power of arrest. Sometimes the arrested are freed without charge, but they can be bound over to keep the peace or prosecuted for obstruction of a police officer.

If the breach of the peace was on the highway, obstruction of the highway may apply.

Question 28

What is binding over?

Answer 28

Binding over to keep the peace is a civil remedy with a criminal standard of proof. The court must be satisfied that a breach of the peace has occurred and that there is a real risk of future violence.

Question 29

What does the court need to identify when binding over?

Answer 29

The court must identify the specific conduct or activity from which the individual must refrain. Usually, the order would not exceed 12 months.

Question 30

What happens if a defendant breaks a binding over order?

Answer 30

The defendant can be asked to pay a specified sum (a recognisance) if they break the order. If they refuse to be bound over, they can be imprisoned for up to six months.

Question 31

What is required for a magistrate or judge to bind someone over?

Answer 31

A magistrate or judge may order a defendant to refrain from certain specified conduct for a particular period of time if they are likely to repeat their violent conduct.

Question 32

What case illustrates the binding over principle?

Answer 32

In Percy v DPP [1995] 1 WLR 1382, the defendant protested by repeatedly climbing a fence into a military air base. She was not violent, and there was no evidence that her actions would provoke a violent response.

There were no grounds to bind her over.