Public Order Flashcards
What is the relationship between Freedom of Expression (Article 10) and Freedom of Assembly (Article 11)?
There is a close connection; both are qualified rights that can be restricted by police under specific conditions.
Under what conditions can the police lawfully restrict Freedom of Expression and Assembly according to the PCSC Act 2022?
Restrictions must be prescribed by law and for a legitimate aim, such as preventing crime or disorder.
What is required by organizers of a march under Section 11 of the Public Order Act 1986?
Organizers must give police 6 days notice of a procession intended to show support or opposition to views.
What is the consequence of not providing a Section 11 notice for a march?
Failing to provide the notice or deviating from its details is a criminal offence, although prosecutions are rare.
What defenses exist for an organizer if a march deviates from its original plan?
A. The organizer did not suspect the deviation, or B. The organizer could not control the deviation.
What powers do police have under Section 12 of the Public Order Act 1986?
Police can impose conditions on a procession if they believe it could result in serious public disorder or other specified triggers.
What triggers allow police to impose conditions under Section 12?
- Serious public disorder; 2. Serious damage to property; 3. Serious disruption to community life; 4. Intimidation or coercion; 5. Noise causing harassment, alarm or distress.
What does the PCSC Act 2022 specify as ‘serious disruption to the life of the community’?
It includes significant delays to deliveries of time-sensitive products or prolonged access disruption to essential goods.
What is a significant case that illustrates the application of Section 12 as amended by PCSC 2022?
Reid (1987) – the court held that shouting and raising arms did not amount to intimidation.
How has Section 13 of the Public Order Act 1986 been amended by the PCSC 2022?
It allows for a ‘blanket ban’ on marches if serious public disorder is anticipated.
What happens if an organizer conducts a march knowing of a ban under Section 13?
They commit an offence and may be arrested.
What powers do police have regarding assemblies under Section 16 of the Public Order Act?
Police can impose conditions on assemblies in the open air and arrest those who fail to comply.
What change did the PCSC Act 2022 introduce regarding one-person protests?
It now includes one-person protests under the same regulations as larger assemblies.
How does Section 14 of the Public Order Act empower police during public assemblies?
It gives police the same powers to impose conditions as Section 12.
What impact does the new Act have on protestors’ rights under Article 10 and Article 11?
It restricts protestors’ rights by expanding police powers to impose conditions.
What are the new offences introduced in the Public Order Act 2023?
Sections 1-2 address locking on and being equipped to lock on, which aims to cause serious disruption.
How is ‘serious disruption’ defined in the Public Order Act 2023?
More than minor disruption to day-to-day activities, including access to essential goods.
What constitutes obstructing or interfering with major transport works under the new Public Order Act?
Obstructing individuals from maintaining or constructing major transport works.
What does the Public Order Act 2023 Section 7 criminalize?
Interference with key national infrastructure such as roads, railways, and airports.
What does the Criminal Justice and Public Order Act 1994 Section 14 A - C address?
It allows for the banning of trespassory assemblies of 20 or more persons on non-accessible public land.
What was the outcome of DPP v Jones (1999) regarding protests near Stonehenge?
The House of Lords found that peaceful gatherings should not be restricted by police orders.
What conditions justify police action against assemblies of ‘travellers’ under Section 61?
Reasonable belief that trespassers have caused damage or have used threatening behavior.
What is the definition of a rave under the Public Order Act 1994?
A gathering of 20 or more people on open land playing amplified music at night.
