Public Order Flashcards
What must the notice include?
Date
Time
Route
Number of people
How much notice is legally required for a procession to take place?
28 days to council and police
What offences exist in relation to processions?
For an organiser to hold a procession in contravention to an order, or to contravene conditions of an order
And
For people to take part in such an unlawful procession and not to desist when told by a constable in uniform
Section 12 provides police powers to control processions if in the circumstances it is likely to cause what?
Serious public disorder
Serious damage to property
Serious disruption to life of community
Intimidation towards others to compel them not to do any lawful act e.g work during a strike
What defines a public assembly?
A group of 20 or more persons in a public place which is wholly or partly open air and where the public are permitted access (payment or not) at the time.
Section 14 gives police powers to impose conditions on assemblies, what do these conditions apply to?
Location
Duration
No. Of people permitted at assembly.
It also allows for a chief constable to impose conditions beforehand.
What Powers do police have over trespassory assemblies?
If:
20 or more people on land,
Taking place without or above permission of the occupier,
That may result in significant disruption to life in the community or significant damage to landmarks,
Chief constable may apply to council for an order prohibiting any trespassory assemblies taking place at a certain area for no more than 4 days, across an area of up to 4 mile radius
What powers exist for trespassing with purpose of residing on land?
If occupier has asked them to leave, police can force them if:
Damage caused to land or property on it,
Or
Any threatening/abusive behaviour towards occupier or their family, employee or agent,
Or
They have at least 6 vehicles
Aggravated trespass, sec 68 prevents what?
Any person to trespass on land in open air from doing anything intended to
Intimidate
Obstruct
Or
Disrupt
Any lawful activity taking place on that land
What is mobbing and rioting?
A mob is a group of persons acting together for a common illegal purpose to the alarm of the ledges and in breach of the peace. It is a crime at common law to form part of a mob.
What must be present for mobbing and rioting to exist?
Concourse (there was a mob) And Illegal combination (individuals acted together to defy lawful authority) And Alarm to the lieges (alarm and breach)
When can a power of stop and search be applied to a geographical area (sec 60 criminal justice & public order act)?
If it is believed that:
Incidents involving serious violence may take place, and this must be enforced to prevent it from reoccurring
Or
Persons are carrying dangerous instruments or offensive weapons in an area without reasonable excuse