Public Order Flashcards
Basic approach
Processions and meetings are prima facie lawful unless they amount to crimes or torts.
Processions - Advance notice - Written notice
Any person organising a ‘public procession’ for any of the purposes in S. 11(1)(a) and S. 11(1)(b) to given written notice. The purposes are:
a) to demonstrate support for or opposition to the views/actions of any person or body of persons
b) to publicise a cause/campaign
c) to mark or commemorate an event
Processions - When is advance notice not needed?
The requirement for advanced notice only applies to public processions which are organised by a person or persons who have prepared the route in advance. Additionally don’t have to give advance notice if it is not reasonably practicable to do so
Processions - Advance notice - Runners
Requirement of advanced notice does not refer to a group of runners whose runs are customarily held but which have no central organisation or pre-planned route
Processions - Advance notice - Illegality
Even if you don’t give notice it will never render it illegal
Processions - Advance notice - Time requirements
At least 6 clear days notice of the date, time and route of the procession. Need to deliver the notice to a police station. Failure to provide notice results in the organisers committing an offence but does not render the protest/procession unlawful.
Processions - Imposing conditions on public processions
The police has powers to impose conditions upon public processions provided that a senior police officer reasonably believes that:
1) The march will result in serious public disorder, serious damage to property or serious disruption to the life of the community
2) The purpose of the organisers is to intimidate others with a view to compelling them not to do something that they have a right to do or to do something that they have a right not to do.
Intimation = putting people in fear or discomfort
Processions - Imposing conditions on public processions - What conditions can they impose
Any that appear to be necessary to prevent such disorder, damage, disruption or intimidation. This includes conditions prescribing the route or prohibiting the march from entering a particular public place
Processions - Imposing conditions on public processions - Who can impose conditions?
Senior police officer. Conditions imposed during the procession it is the most senior police officer present at the scene and they may be given verbally. For conditions imposed in advance it is the chief officer of police - the chief constable or commissioner of police and must be given in writing.
Processions - Offences
S. 12 creates the offences of:
- Organising or taking part in a public procession and KNOWINGLY failing to comply with a condition imposed
- Inciting a participant in a public procession to commit an offence
Processions - The power to prohibit processions
S. 13 empowers the chief officer of police to apply to the local council for an order prohibiting public processions in particular circumstances - if they reasonably believe because of particular circumstances existing in any locality that the powers in S. 12 are insufficient to prevent a risk of serious public disorder. Any order prohibiting public processions must be in writing
Meetings - Permission
Whilst the general rule is that there is no requirement to obtain permission to hold a meeting it would be wrong to assume that it is possible to hold a meeting in any public space
Meetings - Imposing conditions on public assemblies
S. 14 empowers the senior police officer at the time a public assembly is taking place to impose conditions as to the assembly’s duration if they reasonably believe it may result in serious public disorder, serious damage to property, serious disruption to the life of the community or that the organisers have a purpose of intimidation
Meetings - Definition of public assembly
Public assembly = an assembly comprising two or more persons in a public place that is wholly or partly open to the air
Meetings - Advance notice
There is no requirement for the organisers of a public assembly to give advance notice