Public Order

Question 1

What is the common law principle of residual freedom?

Answer 1

Citizens of the UK are free to do or say what they wish unless it is prohibited by law

Question 2

How has the application of the common law principle of residual freedom changed today?

Answer 2

Now also necessary to consider the impact of convention rights

Question 3

What public procession require a written notice to be given to the police to take place?

Answer 3

Public processions to:

• demonstrate support for or opposition to the views or actions of any person or body of persons
• publicise a cause or campaign
• mark or commemorate an event

Question 4

When is written notice not necessary even when public procession falls within definition?

Answer 4

When it is not reasonably practicable to give any advance notice of the procession

Question 5

How much notice is required for public procession and notice of what?

Answer 5

Minimum of six clear days’ notice of date, time and route of the procession

Question 6

Why is notice required to have a public procession?

Answer 6

To allow the police to consider public order issues in advance of the event and to give directions to prevent public disorder

Question 7

What processions are exempt from the advance notice requirement?

Answer 7

• processions that are commonly or customarily held in the police area in which it is proposed to be held
• funeral procession organised by a funeral director acting in the normal course of business
• eg monthly mass cycles that had happened for over a decade were commonly or customarily held so exempt even though the routes varied on each occasion and nature of event was spontaneous

Question 8

When might the police impose conditions on a public procession or assemblies?

Answer 8

If senior police officer reasonably believes that:

• it may result in serious public disorder, serious property damage or serious disruption to community
• noise may be seriously disruptive to activities within vicinity of procession or significantly impact persons
• purpose of procession is to intimidate others with view of compelling them not to do an act they have a right to do or to do an act they do not have a right to do

Question 9

What directions may a senior police officer impose on public procession?

Answer 9

Where potential risks identified, senior police office may give directions on the organisers as paper necessary to prevent disorder, damage, impact or intimidation

Question 10

Who is a senior police officer under the Public Order 1986 Act?

Answer 10

• procession being held or immediately about to be held, most senior in rank of police officers at scene
• procession intending to be held sometime in the future - chief officer of police

Question 11

If a condition is imposed in advance of the procession, what form must that condition be in and other requirements?

Answer 11

• Must be in writing
• senior police officer must also provide sufficient reasons to the organisers of the procession for the need to impose conditions upon it

Question 12

What offences are there under the Public Order Act?

Answer 12

• person who organises public procession and fails to comply with a condition imposed
• taking part in a procession and failing to comply with condition imposed
• inciting another to fail to comply with condition imposed

Question 13

What defence is there for offences under POA?

Answer 13

That the failure arose from circumstances beyond his control

That they did not know or ought to know that condition has been imposed

Question 14

When may the chief police officer prohibit a public procession?

Answer 14

When they reasonably believe that any conditions imposed will be insufficient to prevent procession from resulting in serious public disorder

Question 15

What restrictions are there on the power of chief police officer to prohibit processions?

Answer 15

• such orders cannot exceed 3 months
• consent of Home Secretary required

Question 16

What specific rules apply to London for prohibiting processions?

Answer 16

• application to relevant local authority is not required
• prohibition order can be made by the Commissioner of the MET or Commissioner of Police for the City of London if they reasonably believe that conditions will be insufficient to prevent serious public disorder

Question 17

Will the court readily challenge a prohibition of processions?

Answer 17

No - court has an unwillingness to disturb operational decisions in relation to matters of public safety and security

Question 18

What is a public assembly?

Answer 18

A meeting of two or more people in a public place that is wholly or partly open to the air

Question 19

What is the key difference with public assembly compared to public processions?

Answer 19

• purpose of assembly is irrelevant
• no obligation to give advance notice of a public assembly to police

Question 20

When might a senior police officer impose conditions on assemblies?

Answer 20

When necessary to prevent risks of disorder, damage, impact or intimidation

Question 21

If a condition is imposed on an assembly in advance, what form must the condition take?

Answer 21

It must be in writing

Question 22

What is the test for intimidation for assemblies and public processions?

Answer 22

• test - behaviour must be sufficient to compel the target not to do something
• not enough that people are put in fear or discomfort

Question 23

What will amount to reasonable belief by chief of police or senior police officer?

Answer 23

• belief that is not unreasonable or irrational
• not necessary that reasonable belief in risk actually transpires

Question 24

Where the chief constable has to give reasons for conditions imposed, what level of detail is required?

Answer 24

• extensive detail is not required
• required - sufficient information on the reasons in order for a demonstrator to understand why directions were being given

Question 25

Do the police have the power to prohibit assemblies?

Answer 25

Not under POA but maybe under other legislation such a covid restrictions

Can do if it is trespasser assembly and conditions are met

Question 26

What is a trespasser assembly?

Answer 26

• must consist of 20 or more people
• be held at place or on land to which the public has no right of access or only a limited right of access (ie can’t apply to common land’
• land = wholly in open air

Question 27

When may chief police office may apply for prohibition order from LA?

Answer 27

• if they reasonably believe a trespasser assembly is intended to be held and assembly:
• held without permission of occupier of land/exceed permission/exceed limits of public rights of access

AND

may result in:

• serious disruption to life of the community

or

• where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument