Public Order Flashcards
A serious terror attack in London results in widespread public safety concerns. A procession is organised two days after the attack in support of a call for increased security measures. As a result of the speed with which the procession is organised, no notice of the procession is given to the police.
Are the organisers of the procession in breach of notice requirements under the Public Order Act 1986?
Yes, because they should have given notice as soon as the procession was organised.
The normal notice period is six days, but a procession can take place at short notice if as much notice as is reasonably possible is give.
An ancient monument is on private land with limited access to the public. A group of protestors announce that they intend to hold a large but peaceful meeting on the site which will continue beyond its opening hours. At a previous meeting of the same group at the site, the monument was badly damaged. The owner of the site wishes to prevent the meeting and contacts the police.
Which of the following correctly sets out the steps available to the police in these circumstances?
To apply to ban the meeting because of the owner’s concerns about the monument.
No such presumption exists. The police can apply for a ban on the grounds that this is a trespassory assembly and, considering past events, there may be serious damage to the monument.
A large demonstration against climate change takes place in Birmingham city centre. Similar recent demonstrations in other big cities have resulted in serious public disorder. Before any disorder occurs, the police cordon off a small area in the city centre containing shoppers, office workers and demonstrators, preventing them from leaving for several hours until the demonstration has concluded. You are consulted by an office worker who was held in the cordon for several hours and wishes to know if the police were acting within their powers.
Which of the following sets out the correct position?
The police have powers to detain all present where there is a reasonable expectation that a breach of the peace is imminent.
Breach of the peace powers can be applied to all present even when disorder has not actually occurred if there is a reasonable expectation of a threat of a major beach of the peace.
A climate change protestor stands alone outside an arena where fans are queuing to see a famous rock band and begins talking to some of the fans in a quiet and conciliatory manner. The protestor points out the carbon footprint of the band’s tour and suggest that it should be cancelled. Large numbers of the fans become hostile towards the speaker and police attending the scene form the view that there is an imminent risk of serious disorder.
Which of the following best describes an appropriate use of police powers in these circumstances to prevent a breach of the peace?
To arrest the protestor.
It is the common law duty of the police to prevent a breach of the peace. Unless one or both of the parties desisted voluntarily, the police would be under a duty to take steps.
