Public Order

Question 1

Basic approach

Answer 1

Processions and meetings are prima facie lawful unless they amount to crimes or torts.

Question 2

Processions - Advance notice - Written notice

Answer 2

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

Question 3

Processions - When is advance notice not needed?

Answer 3

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

Question 4

Processions - Advance notice - Runners

Answer 4

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

Question 5

Processions - Advance notice - Illegality

Answer 5

Even if you don’t give notice it will never render it illegal

Question 6

Processions - Advance notice - Time requirements

Answer 6

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.

Question 7

Processions - Imposing conditions on public processions

Answer 7

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

Question 8

Processions - Imposing conditions on public processions - What conditions can they impose

Answer 8

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

Question 9

Processions - Imposing conditions on public processions - Who can impose conditions?

Answer 9

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.

Question 10

Processions - Offences

Answer 10

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

Question 11

Processions - The power to prohibit processions

Answer 11

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

Question 12

Meetings - Permission

Answer 12

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

Question 13

Meetings - Imposing conditions on public assemblies

Answer 13

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

Question 14

Meetings - Definition of public assembly

Answer 14

Public assembly = an assembly comprising two or more persons in a public place that is wholly or partly open to the air

Question 15

Meetings - Advance notice

Answer 15

There is no requirement for the organisers of a public assembly to give advance notice

Question 16

Meetings - What conditions can be imposed?

Answer 16

The conditions that the senior police officer may impose are those which appear to the senior officer as necessary to prevent such disorder, damage, disruption or intimidation. No powers to ban public assemblies.

Question 17

Meetings - Trespassory assemblies

Answer 17

ONLY THE LOCAL AUTHORITY CAN BAN THEM. 20 or more people are needed. The chief officer or police must reasonably believe that it is intended to hold a trespassory assembly:
- Without the permission of the occupier or outside the terms of any permission or right of access
- Which may result in serious disruption to the life of the community or significant damage to the land, building or monument which is of historical, archaeological or scientific importance

Question 18

Public highway

Answer 18

DPP v Jones held that a public highway was a public place that the public might enjoy for any reasonably purpose, provided the activity being carried out did not amount to a public/private nuisance and did not unreasonably obstruct the highway. Accordingly, peaceful, non-obstructive short-term protests on public highways are lawful. SERIOUS DISRUPTION TO THE LIFE OF THE COMMUNITY

Question 19

The common law: Breach of peace

Answer 19

There is a breach of the peace whenever harm is actually done or likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance.

Question 20

The common law: Breach of peace - Police powers

Answer 20

The police have a power of arrest, not only if a breach of the peace has occurred but also to prevent one from occurring. They also have powers to take steps falling short of arrest such as requiring people breaching the peace of threatening to do so to move away.