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A-level Law > Public Order > Flashcards

Public Order Flashcards

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1
Q

State a brief introduction into Public Order law

A

There is a close connection between freedom of expression (article 10) and freedom of assembly (article 11) as many people wish to go together to express collective opinions. Therefore, when constraining these qualified rights a delicate balance must be struck. As some degree of order and control is necessary to protect the public, however police actions must be for a legitimate aim and proportionate.

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2
Q

What happened in the case of Beatty?

A

The court decided that marchers from the Salvation Army behaving peacefully and lawfully should not be prohibited from marching merely because another group of marchers would oppose them and threaten the peace. Effectively this meant the authorities had a duty to control the other group.

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3
Q

What sections under the Public order act 1986 covers marches and processions?

A

-S.11 Advance notice
-S.12 Imposing conditions
-S.13 Banning order

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4
Q

What is S.11 of the Public Order Act 1986?

A

-Contains the duties of the organiser
-Must give 6 days written notice specifying the time, date, location and the name and address of the organsier

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5
Q

When can a S.11 Advance notice not be adhered to?

A

When it is “not practical” to give such notice. In such circumstances it must be given as reasonably practicable to do so, which allows for spontaneous protests.

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6
Q

What defence is available for Organisers for a S.11?

A

If the D can show that changes to the notice arose from circumstances beyond their control

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7
Q

What conviction could an organiser possibly face for not complying or deviating from a S.11?

A

-Criminal Offence
-Punishable with a fine not exceeding £1000
-Does not make the march illegal if it goes ahead

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8
Q

What is S.12 of the Public Order Act 1986?

A

-Imposing conditions on public processions
-Chief constable can impose in advance
-most senior officer present at the scene
-Given the power to impose conditions as they see fit regarding the time and place of the procession if they think it may result in one of the triggers

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9
Q

What are the triggers in S.12 Public Order Act 1986 that allow police to impose conditions on public processions ?

A

1) Serious public disorder
2) Serious damage to property
3)Serious distraction to the life of the community
4) The purpose of the person organising is the intimidation or coercion of others
5) The noise generated may result in serious disruption to the activities of those in the vicinity

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10
Q

What act added the trigger “the noise generated may result in serious disruption to the activities of those in the vicinity” ?

A

Police Crime Sentencing and Courts Act 2022

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11
Q

What factors are considered to see if it makes any of the S.12 triggers more likely ?

A

-Time
-Duration
-Place
-Route

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12
Q

Why can someone be arrested for a S.12?

A

-If is an offence to fail to comply with a condition the person knows or ought to know has been imposed

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13
Q

What Act made it easier to be arrested under S.12 ?

A

Police Crime Sentencing and Courts Act 2022 added the phrase “ought to know” which makes it easier to prove mens rea, therefore easier to prosecute

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14
Q

What punishment could an organiser face for failing to comply with a S.12 ?

A

-Summary Conviction
( Up to 51 weeks imprisonment and / or a fine not exceeding £2500)

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15
Q

What punishment could a participant face if found guilty of breaking a S.12 condition?

A

-Summary conviction
-A fine not exceeding £2500

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16
Q

What happened in Reid?

A

Ds shouted raised their arms and waved their fingers. This might cause discomfort, but it is not enough to say it may cause intimidation. Confirmed that the triggers are interpreted strictly to prevent abuse of police powers.

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17
Q

What did the case of Kent v MET commissioner establish?

A

Police are able to invoke quite wide conditions, and that a challenge would only really succeed if the court deemed it unreasonable.

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18
Q

What is S.13 of the Public Order Act 1986?

A

-Banning order
-On application of the Chief Constable, the local council can impose a blanket ban on marches or particular types for up to 3 months in a particular area
-Ban must be in place before the march

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19
Q

What must a Chief Constable reasonably believe in order to impose a S.13?

A

Chief Constable must reasonably believe their usual powers for placing S.12 conditions are not sufficient to manage the risk of serious public disorder

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20
Q

What mens rea must someone have to commit a S.13?

A
  • An organiser or participant who participants in a march knowing of the ban commits an offence
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21
Q

What punishment could an organiser face for breaching a S.13?

A

-Summary conviction
-Imprisonment up to 3 months and or a fine not exceeding £2500

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22
Q

What punishment could a participant face for breaching a S.13?

A

-Summary Conviction
-A fine not exceeding £1000

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23
Q

What did a Freedom of information response from 2014 show between 2005 and 2012?

A

-The home Office approved only 12 banning orders

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24
Q

What sections of the Public Order Act 1986 cover static demonstrations (assemblies)?

A

-S.14 “Powers to impose of the police to impose conditions on a meeting or assembly”
-S.16 Definition of an assembly
-S.14ZA “One person protests”

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25
Q

What is S.14 Public Order Act 1986?

A

-Powers of the police to impose conditions on a meeting or assembly
-Not subject to 6 days written notice, as a static protest is considered less likely to cause disruption
-Same triggers as S.12, which allow police to impose conditions
-Conditions can be in advance by CC or at the time of the assembly by the most senior officer on the scene
e.g Ordering the assembly to “kettling” or “disperse”

26
Q

What happened in Baillie?

A

D was promoting festivals and social events by handing out posters and providing vague information about where the event would take place. The police ordered a S.14 ordering him to comply with certain conditions, D refused and was arrested. The court deemed the police did not have the power to issue a S.14 as they did not have enough information to decide if the condition had been satisfied.

27
Q

What happened in Austin and Saxby?

A

Police blocked around 3000 people in Oxford Circus for several hours when a protest was occurring. Austin was involved with the demonstration, Saxby was not. The HL and ECtHR deemed it was not in breach of Article 5- Right to Liberty as the crowd measures were proportionate and necessary to prevent a breach of public order,

28
Q

What is the mens rea for breaching S.14?

A

Anyone who organises or participants in an assembly and fails to comply with a condition the person knows or ought to have known commits an offence
(this was updated by the Police Crime Sentencing and Courts Act 2022)

29
Q

What punishment can an organiser face for breaching a S.14?

A

-Liable on a summary conviction
- Imprisonment up to 51 weeks and/ or
-A fine not exceeding £2500

30
Q

What punishment can a participant face for breaching a S.14?

A

-Summary Conviction
-A fine not exceeding £2500

31
Q

What Section was imposed upon the Extinction Rebellion Autumn uprising?

A

S.14

32
Q

What is S.16 of the Public Order Act 1986?

A

-Definition of an assembly
“2 or more people in a public place”

33
Q

What Act reduced S.16 Public Order Act 1986 from 20 people to 2 people?

A

Anti-Social Behaviour Act 2003

34
Q

What Act added S.14ZA to the Public Order Act 1986?

A

-Police Crime Sentencing and Courts Act 2022

35
Q

What is S.14ZA Public order Act 1986?

A

-“Imposing conditions on one-person protests”
-CC can impose in advance
-Senior officer present at the scene
-Must reasonably believe that the noise generated by a person many result in serious disruption to the activities of those in the vicinity
-Can relate to the route

36
Q

What punishment can an organiser face for breaching S.14ZA?

A
  • Summary conviction
    -A fine not exceeding £2500
37
Q

What mens rea must someone have to be convicted of a S.14ZA?

A

-Anyone who organises a one person protest and fails to comply with a condition the person knows or ought to have known has been imposed commits an offence

38
Q

What defence is available for someone who commits a S.14ZA?

A
  • If the D can show that the failure to comply arose from circumstances beyond their control
39
Q

Who began a one man campaign in 2001 opposite the houses of Parliament?

A

Brian Haw
-His continuous use of a mega phone led to objections by MP’s in local offices

40
Q

What act restricts protests in the vicinity of Parliament?

A

S.142 Police Reform and Social Responsibility Act 2011
(later amended by the PCSC Act 2022)

41
Q

When did the Public Order Act 2023 receive royal assent?

A

2nd May 2023

42
Q

What did the Public order Act 2023 introduce?

A

-New offences intended to curb the “nuisance” caused by protestors
S.1 “locking on”
S.2 “Going Equipped to lock on”
S.6 “Obstructing major transport works”
S.7 “Interference with key national infrastructure”
S.9 “Interference with access to or provision of abortion services”

43
Q

When was the first use of the Public Order Act 2023?

A

6th May 2023 - King’s coronation where 52 were arrested

44
Q

What is S.1 of the Public Order Act 2023?

A

“Locking on”
When protestors attach themselves to other people, objects or buildings and the activity causes or can cause “serious disruption” to two or more people

45
Q

What is S.1 Public Order Act 2023 punishable by?

A

-6 months imprisonment and/ or fine

46
Q

What is S.6 Public Order Act 2023 and what is it punishable by?

A

“Obstructing major transport works”
-Punishable to 6 months imprisonment and/ or a fine

47
Q

What Act added S.14A, S.14B and S.14C to the Public Order Act 1986?

A

Criminal Justice and Public Order Act 1994
(CJPOA 1994) (S.70)

48
Q

What do S.14A, S.14B and S.14C of the Public Order Act 1986 apply to?

A

Assemblies intended to be held on land to which the public has no right, or limited right and the intention appears to e not to obtain the landowners consent

49
Q

What is S.14A Public Order Act 1986?

A

-Controls on trespassory assemblies
-On application of the CC, the local council can prohibit the holding of all trespassory assemblies for 4 days with up to a 5 mile radius
-Ban must be communicated with those taking part

50
Q

What happened in Jones?

A

There was a peaceful protest on the main road next to Stonehenge. The officer in charge considered them a trespassory assembly and obtained a S.14. When asked to move, many did not so were arrested and convicted. HL deemed a peaceful assembly on a highway was not a “trespassory assembly” as long as they did not obstruct the highway.

51
Q

What is S.14B Public Order Act 1986?

A

It is an offence to organise or participant in an assembly which you knows breaches a banning order. An organiser found guilty is liable to a summary conviction of imprisonment up to 3 months and or a fine not exceeding £2500. A participant is liable to a summary fine not exceeding £1000.

52
Q

What is S.14C Public Order Act 1986?

A

A uniformed officer can stop people from attending and instruct them not to proceed in the direction of the assembly. A person is liable to a fine of up to £1000 for failing to comply.

53
Q

What does S.40 Public Order Act state about breach of the peace?

A

“nothing in this Act affects the common law powers… to deal with or prevent a breach of the peace”

54
Q

What is Breach of the peace?

A

-Not a criminal Offence that someone can be charged with but the police can still arrest for it.
- Harm is likely to be done or has been done to a person or their property (in the persons presents)

55
Q

What Case gave us a loose definition of Breach of the Peace?

A

Howell 1982
“The behaviour of the person involved caused an officer or private citizen to believe that a breach of the peace had or would occur and that it related to harm which is done or likely to be done to a person or their property”

56
Q

What happened in Moss?

A

During miner strikes police were struggling to maintain peace between members of different trade unions. Police feared violence if the two groups met, therefore they stop 5 minutes away, however 4 Ds pushed through and were arrested. The court deemed the threat was sufficiently proximate, therefore the breach of the peace was deemed “imminent”.

57
Q

What happened in Laporte?

A

Officers stopped coaches on their way to a protest. Many protestors, including Laporte had peaceful intentions. However, some items were suggesting violent intentions that were discovered on the coach. All coaches were escorted back to London with no one being permitted to get off. HL deemed police actions were not prescribed by the law as the threat was not “imminent”.

58
Q

What Section of the Highways Act 1980 makes it an offence “if a person without lawful authority or excuse in any way wilfully obstructs the free passage along the highway”

A

S.137

59
Q

If a person fails to comply with a police order to move along due to S.137 Highways Act 1980 what punishment could they face?

A

-Summary offence
-Up to 1 month imprisonment and or £1000 fine
(this was increased by the PCSC Act 2022)

60
Q

What does S.89 Police Act 1996 make it an offence to do?

A

-It is an offence to obstruct the police in the execution of their duty

61
Q

What is the punishment of breaching S.89 Police Act 1996?

A

-Summary offence
-Up to 1 month imprisonment and or £1000 fine

A-level Law (13 decks)

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