Public Order

Question 1

State a brief introduction into Public Order law

Answer 1

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.

Question 2

What happened in the case of Beatty?

Answer 2

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.

Question 3

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

Answer 3

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

Question 4

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

Answer 4

-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

Question 5

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

Answer 5

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.

Question 6

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

Answer 6

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

Question 7

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

Answer 7

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

Question 8

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

Answer 8

-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

Question 9

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

Answer 9

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

Question 10

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

Answer 10

Police Crome Sentencing and Courts Act 2022

Question 11

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

Answer 11

-Time
-Duration
-Place
-Route

Question 12

Why can someone be arrested for a S.12?

Answer 12

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

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

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

Answer 15

-Summary conviction
-A fine not exceeding £2500

Question 16

What happened in Reid?

Answer 16

Ds shouted raised their arms and waved their fingers. This might cause discomfort, but it is not enough to say it may cause intimidation.