Public Order Flashcards
Traditionally, what is the principle of residual / negative freedom? Where did it come from?
This is the principle that citizens are free to do as they wish unless the law clearly states that the conduct is prohibited.
This was developed under common law.
What was the protection of rights and freedoms under the UK constitution was based on?
the principle of residual or ‘negative’ freedom
What right have judges acknowledged under common law?
The right to protest
What are the key human rights in relation to this area?
o Freedom of expression (art 10)
o Freedom of assembly and association (art 11)
What has had a significant impact on the protection of rights in the UK? How did this expand on the principle of negative freedoms?
The ECHR and HRA 1998
These provide positive protection of citizens’ rights and freedoms
When can Art 11 freedom of assembly be restricted?
- The restrictions are prescribed by law; and
- They are necessary in a democratic society, i.e.:
In the interests of national security of public safety
For the prevention of disorder or crime
For the protections of health or morals; or
For the protection of the rights and freedoms of others
What is the general position under the public order act 1986?
Processions and meetings are prima facie lawful unless they amount to crimes or torts
The police have specific powers under POA and common law to control them
What is the definition of a procession?
A march or moving protest
What is the general position under the public order act 1986 in relation to processions?
Processions are regarded as a reasonable use of the public highway and so are lawful unless:
o Disorder or violence breaks out
o Property is damaged
o There is a breach of a public order offence
If disorder or violence breaks out during a procession, what are the possible consequences?
participants may be charged with a public order or other criminal offence
What are the key provisions under the public order act 1986 in relation to processions?
- S11 POA – notice requirements and offences
- S12 POA – powers of the police and offences
- S13 POA – extended powers of the police and offences
If property is damaged during a procession, what are the possible consequences?
participants may face action in tort
What is the general position under s11 POA - notice requirements for processions?
If a person is organising a public procession for any of the below reasons, they must give the police 6 clear days’ notice of the date, time and route of the proposed procession:
o A procession to demonstrate support / opposition of the views or actions of a person or body of persons;
o A procession to publicise a cause or campaign; or
o A procession to mark or commemorate an event
If a person is organising a public procession what notice must they give and who to?
they must give the police 6 clear days’ notice of the date, time and route of the proposed procession
What types of procession must the police be informed of?
o A procession to demonstrate support / opposition of the views or actions of a person or body of persons;
o A procession to publicise a cause or campaign; or
o A procession to mark or commemorate an event
Where must notice of a public procession be delivered to?
the police station closest to where the procession will start
Give an example of when a procession would and would not be public
Public procession - a march into a theatre to protest about a play being performed there
NOT a public procession - football supporters on their way to watch a match
What is a public procession?
a procession that takes place in a public place i.e. a highway or any other place that the public may lawfully access on payment or otherwise
in other words, it includes public spaces AND private spaces if the public need to buy a ticket
What types of procession are exempt? What does this mean?
The following are exempt and do not need to comply with s11 notice requirements:
o Funerals
o Customary or commonly held procession in a given police area i.e. Remembrance Day, Diwali, mass cycle events that take place annually (even if a set route isn’t followed)
o If it is not reasonably practicable, notice does not need to be given i.e. impromptu reaction to news following unexpected military action by the government
What are the offences in relation to processions? What is important to remember about these offences?
- organisers will be guilty if they do not give the required notice
- organisers will be guilty of the processions differ from what was set out in the notice
NB: this is only an offence relating to the organisers (i.e. not the participants). It does not render the procession unlawful
What is a defence to the offence of failing to give notice of a procession?
It is a defence if the organiser did not know and did not have any reason to expect that the notice requirements had not been complied with
What is a defence to the offence of the procession differing from the notice?
It is a defence if the procession differed due to circumstances beyond the organiser’s control or from something done with the agreement of the police or by their direction
What is the burden of proof in relation to the defences for procession offences?
the burden of proof is on the defendant on the balance of probabilities to prove that the defence exists
What is the penalty for a procession offence?
Convicted organisers will be liable of up to a level 3 fine (currently £1000)
What powers do the police have in relation to processions?
s12 POA - the power to impose conditions.
s13 POA - the power to prohibit processions.
When can the police exercise the power under s12 POA to impose conditions on processions?
The can impose conditions on public processions if senior police officer reasonably believes that:
o The march will result in serious public disorder, damage to property or disruption to the life of the community; or
o The noise generated by the persons taking part in the procession may result in serious disruption to the activities of an organisation which are carried out in the relevant vicinity; or
o The noise generated by the procession may have a significant impact on those in the vicinity; or
o The purpose of the organisers is to intimidate others with a view to compelling them not to do something they have a right to do or to do something they have a right not to do
re s12 & 14 POA power to impose restrictions:
What is meant by community?
anyone who is affected by the procession, not just people who live and work there
re s12 & 14 POA power to impose restrictions:
What is meant by serious disruption?
disruption that causes ‘more than minor’ hindrance to day-to-day activities for other people, including making a particular journey
re s12 & 14 POA power to impose restrictions:
What is meant by intimidation? What is an example?
Intimidation means more than being a nuisance or discomfort.
demonstrators shouted ‘Apartheid murderers’ and ‘you are a dying breed’ as guests. The Chief Inspector imposed a condition for them to move away. They didn’t and were charged. The Court held this was ultra vires. The Chief Inspector had used the test of ‘putting people in fear or discomfort’ but the demonstrators would have needed an intention to compel guests not to go into the reception for their activity to amount to intimidation
re s12 & 14 POA power to impose restrictions:
What must the police consider when deciding whether to impose conditions?
o All relevant disruption i.e. disruption that may occur from the procession and disruption that would occur in any event (i.e. normal traffic congestion); and
o The cumulative impact of concurrent and repeated processions in the same area
re s12 & 14 POA power to impose restrictions:
What conditions can the senior police officer impose? What must they consider?
Give some specific examples in relation to s12 & 14
Any conditions that appears to be necessary, reasonable and proportionate to prevent disorder, damage, disruption or intimidation
The police must consider Art 11 of the ECHR
Example s12 - prescribing the route or prohibiting the march for a particular public place
Example s14 - order the participants to disperse, limit the duration of the meeting but this must be proportionate
