Public Order Flashcards
What is the aim of Public Order?
Public order aims to balance Art 10 (expression) and Art 11 (assembly)
Which act amended the Public Order Act 1986?
PCSC 2022
Marches/Procession
What is Section 11 about?
- States the duties of Organiser of march.
-Police must be given 6 days notice of a march.
To not give a s.11 notice or deviate from its details is a criminal offence.
What are the defences to a s.11?
- The march deviated from its original plan and the organiser did not suspect it OR
- The march deviated from its original plan and the organiser could not control this.
What is Section 12 about?
Include 5 Triggers
- Police are given power to impose conditions regarding time and place of a procession if they think it may result it:
- Serious public disorder
- Serious damage to property
- Serious disruption to the life of the community
- Belief in the presence of intimidation or coercion
- Noise caused by the protesters dirupts the activities of an organisation
- Noise causes harassment,intimidation, alarm or distress
The PCSC Act 2022 gives examples of what might amount to ‘serious disruption to the life of the community’
These include…
- Significant delay to the delivery of a time-sensitive product to the consumer
- Prolonged disruption of access to any essential goods or services, sucb as money, food, water , energy or fuel.
Which triggers were added by PCSC 2022?
- Noise disrupting organisations
- Noise causing harassment,intimidation, alarm or distress
Which case showed that s.12 is not easy to trigger?
Reid (1987)
D raised hands and shouted during a march, and whilst it caused discomfort it was not enough to be intimidating.
What is Section 13 about?
- A blanket ban can be imposed on marches on application of the police, with the HS consent.
- A ban must be imposed if it is thought that it may result in a serious public disorder.
Why do the police use S.13?
- Police use s.13 if they believe the powers under s.12 are inadequate.
(any conditions imposed will not be able to control the march)
What can happen if you organise a march knowing of a ban?
Arrested under s.13 (10)
What is Section 16 about?
- The police have the power to impose conditions on assemblies which are held wholly or partly in the open air, and arrest those who dont comply.
What is an assembly?
s.16 states an assembly is 1 or more persons wholly or partly in the open air, where a common purpose is discussed.
What is Section 14 about?
- The police can impose conditions on public assemblies.
- Uses the same 6 triggers as for s.12
What is the difference in S.11 for protests and assemblies?
Assemblies do not require notice (s.11)
Outline the Public Order Act 2023.
- Aims to limit nuisance/disruption caused to the general public by protest.
The new offences and powers in the act significantly limit art 10, and art 11.
What is Section 1-2 of POA 2023?
INCLUDE AR AND MR
Locking on or coming equipped to lock on.
AR: Attaching yourself, another or an object to a person, object or land.
MR: with intention to cause serious disruption
What is ‘Serious disruption’ defined as anything more than a minor disruption to…
- Day to day activities
- Construction
- Time sensitive delivery
- Access to essential goods or services
POA 2023
What is Section 6 about?
Obstructing or interfering with major transports works.
POA 2023
When is an offence committed under s.6?
- Obstructs individuals from maintaining or constructing major transport works.
2.Interferes with apparatus for construction or maintenence of the works
E.g.Climbing on a train , or on the train tracks
POA 2023
What is S.7 about?
Interference with key national infrastructure.
It criminalises any behaviour which prevents or delays use of roads, railways, airports, harbours, oil, gas or electricity.
POA 2023
What is the AR and MR for S.7.
AR: any action which interferes with use or operation of key national infrastructure.
MR: Intention or recklessness as to whether actions would interfere.
E.g. closing down of a factory
CJPOA 1994
What does Section 14 A-C talk about?
- Tresspassory assemblies
CJPOA 1994
Who can ban tresspasory assemblies?
And what are the limits to the ban?
- The chief of police/Home secretary/Local authourity can can ban assemblies of 20 or more persons on land in the open air to which the public has no, or only limited right access to, where it is deemed theyre trespassing.
- The ban must not exceed more than 4 days, and exceed an area represented by a cirlce with a 5 mile radius from a specified area.
CJPOA 1994
Explain the case of DPP v Jones (1999)
- 20 D’s had gathered on the verge of grass at stonehenge to protest lack of access to the monument.
- This gathering contravened with an order obtained by the police under s.14a
- Held that as the gathering was peaceful and non-obstructive there were no grounds for the police to enforce the order.
CJPAO 1994
What does S.61 talk about?
Assemblies of travellers
Police must reasonably believe that the trespassers have caused damage to property or have used threatening ,abusive or insulting words towards the occupier. OR have brought 6 or more vehicles on to the land.
PCSC 2022 makes it a criminal offence to fail to comply with the order to leave or return to the land.
CJPOA 1994
What does S.63 talk about?
Raves - open air gatherings
A rave is defined as a gathering on open land of 20 or more people at which amplified music is being played during the night.
A superintendant can order people to leave the land.
POA 1986
What does Section 1 POA 1986 talk about?
Riots
12 or more people threatening to use unlawful violence.
They must be acting together for a common purpose.
POA 1986
What does Section 2 POA 1986 talk about?
Violent disorder
3 or more people threatening or using unlawful violence.
There does not have to be a common cause.
POA 1986
What does Section 3 POA 1986 talk about?
Affray
1 person using or threatening unlawful violence, so a person of reasonable firmness would fear for their safety.
What does Section 4 of POA 1986 talk about?
Fear of provocation or violence
-Using threatening,abusive, or insulting words or behaviour.
- Or any writing, signs or other visual representation.
There must be intention to provoke or cause fear or immediate unlawful violence,
Which case said that Section 4 of POA 1986 must be immediate?
R v Horseferry (1990) - threat of violence must be immediate.
What does Section 5 of POA 1986 talk about?
- Lower level of S.4
- Covers harassment, alarm or distress and disorderly behaviour.
- Must happen within the hearing or sight of the person it will cause … to.
What does Section 6 of POA 1986 say?
Must have MR for being threatening or abusive
What does Section 4A POA 1986 talk about?
Covers intentional harassment, alarm or distress.
In 4A you want the victim to feel harassed, whereas in 5 it would not matter if the V felt harassment etc, but you are aware youre doing it.
What is a Breach of the Peace?
Common law offence used to prevent unlawful violence against people or property.
Outline the case of DPP v Orum.
This case stated that police officers can be victims.
Outline the case of DPP v Fiddler.
Anti abortion protestor was charged under s.5 for showing PICTURES and MODELS of abortion.
Outline the case of DPP v Clarke.
D was shouting and holding up pictures of aborted fetuses, was found to be abusive and insulting.
Charged under s.4
Outline the case of Laporte (2007)
Police stopped a coach on its way to a protest, upon searching the coach they found that some protestors were carrying items suggesting violent intent. However the majority and the D had peaceful intentions. The coach was sent home by the police.
Held by the HOL the actions of the police were not prescribed by law.
It was disproportionate to restrict D’s Art 10 and Art 11 just because of the people she was with.
Outline the case of Austin (2007).
During protests in London, the police did not allow anyone to leave the area for 7 hours to prevent the spread of violence.
C was on his way to an important meeting and not involved in the protest. Sought damages for false imprisonment and unlawful detention.
Held that the polices powers to do what they did was due to necessity and it was reasonable to hold all the individuals.
A less intrusive action would not have been effective.
What does it say under the Highways Act 1980 s.137?
If a person without lawful authority or excuse in any way…
It is an offence to wilfully obstruct the free passage along a highway.
Which case demonstrates s.137?
Arrowsmith v Jenkins (1963)
D blocked the road for 5 minutes for a pacifist meeting.
Held as an obstruction of the highway.
What does S.89 of the Police act 1996 state?
It is a statutory offence to obstruct the police.
Which case demonstrates S.89?
Duncan v Jones (1936)
D was arrested when despite being asked not to, continued to address the crowd in a box from the highway.
