Public order

Question 1

What is the purpose of the Public Order Act 1986?

Answer 1

The Public Order Act 1986 grants police powers to control processions and assemblies.

Question 2

What is the purpose of section 14 in relation to assemblies?

Answer 2

Section 14 enables the police to impose conditions on an assembly if the senior police officer has a reasonable belief that the organizers are intending to intimidate others.

Question 3

What is the imminency requirement in relation to breach of the peace powers?

Answer 3

The imminency requirement applies to the use of all breach of the peace powers. Where the police can show there was an imminent breach, their use of common law powers will only be lawful if they were not arbitrary, deployed in good faith, and proportionate.

Question 4

Under what circumstances can the police prevent a breach of the peace?

Answer 4

In addition to their powers under the Public Order Act, the police have powers to prevent a breach of the peace under common law.

Question 5

What are the applicable sanctions for an offense under subsection (4) of Section 12?

Answer 5

A person guilty of an offense under subsection (4) of Section 12 is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale, or both.

Question 6

What conditions must be met for the use of common law powers to be lawful in relation to an imminent breach of the peace?

Answer 6

For the use of common law powers to be lawful in relation to an imminent breach of the peace, they must not be arbitrary, they must be deployed in good faith, and they must be proportionate.

Question 7

How can a prohibition order for public processions be made in London?

Answer 7

In London, a prohibition order under section 13 of the Public Order Act can be made directly by the relevant chief police officer.

Question 8

What obligations do the police have when exercising public order powers?

Answer 8

When the police exercise public order powers, they must comply with their obligation as a public authority under section 6 of the Human Rights Act 1998. This includes ensuring that their actions do not disproportionately interfere with the rights of freedom of expression, freedom of assembly and association, and the right to liberty.

Question 9

What are the requirements for the use of breach of the peace powers?

Answer 9

The use of breach of the peace powers requires the imminency of a breach and the lawful use of common law powers that are not arbitrary, deployed in good faith, and proportionate.The use of breach of the peace powers requires the imminency of a breach and the lawful use of common law powers that are not arbitrary, deployed in good faith, and proportionate.

Question 10

What is the sanction for an offense under subsection (5) of Section 12?

Answer 10

A person guilty of an offense under subsection (5) of Section 12 is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Question 11

What is the sanction for an offense under subsection (6) of Section 12?

Answer 11

A person guilty of an offense under subsection (6) of Section 12 is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale, or both.

Question 12

What is the definition of breach of the peace according to the Court of Appeal in R v Howell?

Answer 12

According to the Court of Appeal in R v Howell, breach of the peace is defined as harm being done or likely to be done to a person or their property, or a person being in fear of such harm, through an assault, affray, riot, unlawful assembly, or other disturbance.

Question 13

What is the purpose of giving advance notice for public processions?

Answer 13

Under the Public Order Act, organizers of public processions must give a minimum of six clear days’ notice of the date, time, and route of the procession. This allows the police to consider public order issues in advance and give directions to prevent public disorder.

Question 14

Under what circumstances can the chief police officer apply for a prohibition order from the local authority?

Answer 14

The chief police officer can apply for a prohibition order from the local authority if they reasonably believe that, because of particular circumstances existing in any district or part of a district, the powers under section 12 will not be sufficient to prevent the holding of public processions in that district or part from resulting in serious public disorder.

Question 15

What police powers are generated by breach of the peace?

Answer 15

Breach of the peace generates police powers including arrest, detention, having a person bound over to maintain good behavior and keep the peace, entering a meeting to prevent an anticipated breach of the peace, and asking participants to disperse. These powers can be used in various circumstances and contexts.

Question 16

What is the maximum duration of a prohibition order made by the local authority?

Answer 16

Prohibition orders made by the local authority cannot exceed 3 months.

Question 17

When can conditions that can be imposed on public processions?

Answer 17

The police have powers to impose conditions on public processions if they reasonably believe that the procession may result in serious public disorder, serious damage to property, serious disruption to the life of the community, or if the purpose of the organizers is to intimidate others. The senior police officer may give directions imposing necessary conditions to prevent disorder, damage, impact, or intimidation.

Question 18

What is the significance of the Police and Criminal Evidence Act 1984 (PACE) in relation to police powers to prevent a breach of the peace?

Answer 18

The Police and Criminal Evidence Act 1984 put the police power of entry without a warrant to prevent a breach of the peace on a statutory footing.

Question 19

What power does Section 13(4) of the POA provide to the Commissioner of Police for the Metropolis?

Answer 19

Section 13(4) of the POA provides that the Commissioner of Police for the Metropolis (or the Commissioner of Police for the City of London) can make a prohibition order if they reasonably believe that the powers under section 12 will not be sufficient to address concerns over serious public disorder in their police area.

Question 20

What exemptions exist for the advance notice requirement for public processions?

Answer 20

Some processions are exempt from the advance notice requirement under the Public Order Act. For example, processions commonly or customarily held in the police area or funeral processions organized by funeral directors acting in the normal course of business.

Question 21

What can be done if someone wants to challenge a prohibition order?

Answer 21

Prohibition orders can be challenged by applying for judicial review.

Question 22

What procedural issue was raised in the case of R (Brehony) v Chief Constable of Greater Manchester Police[2005] EWHC 640 (Admin)?

Answer 22

In the case of R (Brehony) v Chief Constable of Greater Manchester Police[2005] EWHC 640 (Admin), the procedural issue was whether the Chief Constable had to give reasons for imposing conditions under section 14(1). The court indicated that while extensive detail was not required, the Chief Constable had to provide sufficient information on the reasons for a demonstrator to understand why directions were being given.

Question 23

What are the offences and defences under Section 12 of the Public Order Act?

Answer 23

Under Section 12 of the Public Order Act, a person who organizes a public procession and fails to comply with a condition imposed is guilty of an offence. However, it is a defense if they can prove that the failure arose from circumstances beyond their control. The same applies to a person who takes part in a public procession and fails to comply with a condition.

Question 24

What powers do the police have to prohibit assemblies under the POA 1986?

Answer 24

Although the POA 1986 does not provide powers to prohibit assemblies, the police can use powers from other legal sources to prevent people from assembling. For example, in some situations, the police can rely on regulations restricting people’s movement to prohibit assemblies.

Question 25

What is the legal environment in which police powers under the Public Order Act operate?

Answer 25

When exercising public order powers, the police must comply with their obligation under the Human Rights Act 1998. They must ensure that their actions do not disproportionately interfere with the rights of freedom of expression, freedom of assembly and association, and the right to liberty.

Question 26

Can the police impose conditions on public assemblies?

Answer 26

Yes, under Section 14(1) of the POA, the police have powers to impose conditions upon public assemblies if the senior police officer reasonably believes that it may result in serious public disorder, serious damage to property, serious disruption to the life of the community, or if the noise generated by persons taking part in the assembly may result in serious disruption to the activities of an organization carried on in the vicinity of the assembly.

Question 27

What power does section 14A of the POA 1986 provide?

Answer 27

Section 14A of the POA 1986 gives the chief police officer the power to apply for a prohibition order from the local authority if they reasonably believe a trespassory assembly is intended to be held. The assembly must be likely to be held without the permission of the land occupier or to conduct itself in a way that exceeds the limits of any permission or the public’s right of access. The assembly may result in serious disruption to the life of the community or significant damage to the land, building, or monument of historical, architectural, archaeological, or scientific importance.

Question 28

What is the difference between the regulation of public assemblies under Section 14 and public processions under Section 11(1) of the POA?

Answer 28

The purpose of the assembly is irrelevant under Section 14, whereas it is relevant under Section 11(1). Additionally, there is no obligation to give advance notice of a public assembly to the police, unlike public processions.

Question 29

What offences are contained in section 14B of the POA?

Answer 29

Section 14B of the POA contains a number of offences and sanctions relating to those who organize and take part in trespassory assemblies, as well as those who incite another person to take part.

Question 30

What are some of the police powers triggered by breach of the peace?

Answer 30

Breach of the peace triggers a variety of police powers at common law, including arrest, detention, having a person bound over to maintain good behavior and keep the peace, entering meetings, and dispersing persons.

Question 31

What powers does section 11 of the POA provide to the organizers of public processions?

Answer 31

Under section 11 of the POA, the organizers of public processions must give advance notice of the event to the police.

Question 32

Can the police make prohibition orders for assemblies like they can for processions?

Answer 32

No, the police do not have powers to instigate or make a prohibition order banning assemblies in the same way they do for processions under Section 13. However, they can impose conditions on assemblies under Section 14.

Question 33

What is a ‘public procession’?

Answer 33

Section 11(1) POA requires written notice to be given of any proposal to hold a public procession for any of the three following purposes:
* (a) to demonstrate support for or opposition to the views or actions of any person or body of persons,
* (b) to publicise a cause or campaign, or
* (c) to mark or commemorate an event,
unless it is not reasonably practicable to give any advance notice of the procession.

Question 34

Conditions on processions?

Answer 34

Section 12(1) POA gives the police powers to impose conditions upon a public procession, if the senior police officer reasonably believes that—
(a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community,
(aa) in the case of a procession …, the noise generated by persons taking part in the procession may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession,
(ab) in the case of a procession … (i) the noise generated by persons taking part in the procession may have a relevant impact on persons in the vicinity of the procession, and (ii) that impact may be significant, or
(b) the purpose of the persons organising it is 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 a right not to do.

Question 35

What must be done if a condition is imposed in advance of the procession?

Answer 35

Section 12(3) stipulates that, where a condition is imposed in advance of the procession, it must be in writing.

Question 36

How can someone be guilty of breaching a condition?

Answer 36

(5A) A person is guilty of an offence under subsection (4) or (5) only if—
(a) in the case of a public procession in England and Wales, at the time the person fails to comply with the condition the person knows or ought to know that the condition has been imposed;

(6) A person who incites another to commit an offence under subsection (5) is guilty of an offence.

Question 37

Which one of the following public processions would the organisers not need to notify the authorities of in advance?

A demonstration marching through the streets of a Midlands city organised by a far-right political group.

A special procession along the Mall to Buckingham Palace to celebrate the Queen’s 70th jubilee.

A large funeral procession organised specially by a funeral company outside its normal terms of operation following the death of a well-known public figure.

A march to Westminster Square organised in protest over a military campaign involving UK armed forces.

A procession organised to a religious shrine every Easter by a Roman Catholic monastic order, which has taken place every year since the early 20th century.

Answer 37

A procession organised to a religious shrine every Easter by a Roman Catholic monastic order, which has taken place every year since the early 20th century.

This would fall under the exemption in s. 11(2) relating to a procession which is commonly or customarily held in the relevant police area.

Question 38

In which one of the following situations would it not be possible for the police to assert that a breach of the peace had occurred?

Where there is a confrontation between demonstrators and counter demonstrators on a public street.

Where there is a meeting in a local hall of an extremist political group whose previous meetings and marches have ended in violence.

Where a large number of members of the public have entered a sports arena without paying, having pushed past and assaulted stewards.

Where a crowd of people has congregated outside the house of a man who is suspected in the neighbourhood of committing an offence against a child.

Where the police suspect that several pick-pocketing offences may have occurred in a crowded public place.

Answer 38

Where the police suspect that several pick-pocketing offences may have occurred in a crowded public place.

Correct. The nature of these incidents which do not involve harm, or the fear of harm, falls outside the definition of breach of the peace.

Question 39

Which one of the following police powers is not potentially triggered by a situation involving a breach of the peace?

Arrest

Detention

Stop and search.

Requiring attendees to disperse before a meeting.

Being ‘bound over’ to keep the peace.

Answer 39

Stop and search.

Question 40

What is ‘kettling’?

Answer 40

when the police contain protesters in one place for an extended period by surrounding them and not allowing them to leave.

Question 41

How many days should there be for the advance notice for public processions?

Answer 41

t least six clear days’ notice
of the date, time and route of the proposed procession

Question 42

Under s 12 POA 1986?

Answer 42

the police have the power to impose conditions on public processions if necessary to prevent serious adverse consequences to the community or intimidation. The police can impose conditions in advance of the procession or during it.

Question 43

Under s 13 POA 1986?

Answer 43

the chief officer of police may apply to the local authority to prohibit a public procession if necessary to prevent serious adverse consequences to the community or intimidation. The local authority must obtain the Home Secretary’s consent to make the order. The procedure in London is slightly different.

Question 44

Under s 14 POA 1986?

Answer 44

the police have the power to impose conditions on public assemblies if necessary to prevent serious adverse consequences to the community or intimidation. The police can impose conditions in advance of the assembly or during it.

Question 45

Under s 14A POA 1986?

Answer 45

the chief officer of police may apply to the local authority to prohibit a trespassory assembly to prevent serious disruption to the life of the community or significant damage to land, buildings or monuments of particular importance. The prohibition can only last for a maximum of four days and can only cover an area represented by a circle with a radius of no more than five miles from a specified centre.