Public Order Flashcards
what does s11 of POA deal with?
public processions
what does s11 require for public prosessions?
written notice to be given of any proposal to hold a public procession for any of the 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.
c) to mark or commemorate an event…
unless it is not reasonably practicable to give any advance notice of the procession.
how much time is reasonable notice?
must give a minimum of six clear days’ notice of the date, time, and route of the procession.
exemption applies where the procession is one commonly or customarily held in the police area in which it is proposed to be held or is a funeral procession organised by a funeral director acting in the normal course of his business.
what are the reasons for conditions to be imposed on processions under s12?
if a senior police officer reasonably believes that …
a) it may result in public disorder, serious damage to property or serious disruption to the life of the community.
ab) noise impact may be significant.
b) the purpose of the persons organising it is the intimidation of others with a view of compelling them not do do an act they have a right to do, or to do an act they have a right not to do.
must the condition imposed be in writing?
yes!
what are the offences and defences under s.12?
Person who organises a public procession and fails to comply with a condition imposed under this section is guilty, but it is a defence to prove that the failure arose from circumstances beyond his control.
Person who takes part in a public procession and fails to comply with a condition imposed, but is a defence to prove the failure arose from circumstances beyond his control.
fails to comply with a condition the person knows or ought to have known the condition has been imposed.
incites another to commit an offence.
sanctions for breaching s12>
imprisonment not exceeding 51 weeks or fines.
what is s13- power to prohibit processions>
chief police officer can apply for a prohibition order if they reasonably believe that, because of the particular circumstances existing in any district or part of a disteict, the powers under s12 will not be sufficient to prevent the holding of public processions in that district from resulting in serious public disorder.
such orders cannot exceed 3 months.
what is a public assembly?
two or more people in a public space that is wholly or partly open to the air.
purpose of assembly is irrelevant.
no obligation to give advance notice to police.
condtions under s14 are the same as s12.
assemblies and intimidation of others?
senior offer can impose conditions if they have a reasonable belief that the organisers are intending to intimidate others.
police have power to prohibit ‘trespassory assemblies?’
20 or more persons and be held on land where the public has no right of access or only a limited right of access.
serious disreuption to life of community or where the land is a building or monument and significant damage may occur.
what is 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.
not a criminal offence in itself, but triggers a variety of police powers e.g arrest, detention,
NOT STOP AND SEARCH
must be a reasonable apprehension of a sufficiently immintent breach of the peace.
where the police can show there was an imminent breach of the peace, their use of common law powers will only be lawful if they were not arbitrary, deployed in good faith and proportionate.
