Public Order Flashcards
What is the required notice period for a procession to the police?
6 days notice
Notice must specify date, time, proposed route, and organiser’s name.
Under what conditions can the police impose restrictions on a march or procession?
Triggers include:
* Serious public disorder
* Serious damage to property
* Serious disruption to community life
* Noise causing significant disruption
* Presence of intimidation and coercion
What is a ‘blanket ban’ on marches?
A police-imposed ban on all marches in an area for a specified time due to potential serious public disorder
Can last up to 3 months.
What defines an assembly according to the Public Order Act?
One or more persons in a public place, wholly or partly in the open air
Now includes one-person protests.
What does the PCSC Act 2022 change about knowledge required to commit an offence?
A person commits an offence if they ‘know or ought to know’ that a condition has been imposed.
What new offences were introduced under the Public Order Act (2023)?
New offences include:
* Locking on
* Obstructing major transport works
* Interference with key national infrastructure
What is ‘locking on’ in the context of protests?
A technique used by protesters to make it difficult to remove them from a protest site.
What powers do Sections 10 and 11 of the Public Order Act (2023) grant police?
Additional stop and search powers to search for and seize protest-related equipment.
What are Serious Disruption Prevention Orders?
Court orders preventing someone from causing serious disruption.
What is a trespassory assembly?
A static gathering of more than 20 people on land with limited public access.
What is the consequence of organizing a trespassory assembly that breaches a banning order?
It is an arrestable offence.
What is the definition of a riot?
12 or more people threatening or using unlawful violence for a common purpose.
What constitutes violent disorder?
Three or more people using unlawful violence, without needing a common purpose.
What is affray?
Using threatening or unlawful violence that causes fear for safety, with no minimum number of people required.
What is the penalty for intentional harassment, alarm or distress under Section 4A?
Higher maximum penalties than those in Section 5.
What does Section 29A of the Public Order Act cover?
Religious hatred, including speech, publications, and possession of inflammatory material.
What was the outcome of the case DPP v Jones (1998)?
Protesters were convicted for contravening a S14A order but successfully appealed.
What distinguishes the cases of Laporte v CC Gloucestershire and Austin v Commissioner of Police?
Laporte involved stopping protesters before reaching a site, while Austin involved containing protesters during a protest.
What is the significance of the case Harrison v Duke of Rutland (1893)?
Established access to highways as a right to pass or repass.
What does the term ‘aggravated trespass’ refer to?
Disrupting a lawful activity on land, primarily targeting hunt saboteurs.
Fill in the blank: The PCSC Act 2022 makes failure to comply with an order to leave the land an _______.
offence.
True or False: The Public Order Act allows police to break up gatherings of 100 or more people if loud music is present.
True.
