Public order and breach of the peace

Question 1

S11 Public Order Act (POA) 1986 provides written notice must be given of any proposal to hold a public procession for which three purposes?

Answer 1

1. To demonstrate support for or opposition to the views or actions of any person/body
2. To publicise a cause or campaign
3. To mark or commemorate an event

Unless it is not reasonably practicable to give any advance notice of the procession.

Question 2

What minimum notice must organisers of public processions give under POA 1986?

Answer 2

Under s11(1), organisers of public processions must give a minimum of six clear days’ notice of the date, time and route of the procession. Failure to do so amounts to an offence under s11(7).

Question 3

What processions are exempt from the requirement to give minimum notice?

Answer 3

Some processions will be exempt from this requirement if it is one that is commonly or customarily held in the police area in which it is proposed to be held or is a funeral procession-Kay v Commissioner of Police (2008).

Question 4

S12(1) POA gives the police powers to impose conditions upon a public procession, if the senior police officer reasonably believes what?

Answer 4

(a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community;

(b) in the case of a procession, the noise generated by persons taking part in the procession may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession;

(c) in the case of a procession (i) the noise generated by persons taking part in the procession may have a relevant impact on persons in the vicinity of the procession, (ii) that impact may be significant; or

(d) the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.

Question 5

What conditions can the senior police officer impose on processions under S12 POA?

Answer 5

The senior police officer may give directions imposing on the persons organising or taking part such conditions as appear to him necessary to prevent such disorder, damage, impact or intimidation.

Question 6

Does a police condition imposed in advance of a procession need to be in writing?

Answer 6

Yes, S12(3) stipulates that, where a condition is imposed in advance of the procession, it must be in writing.

Question 7

Is it an offence for a person who organises/takes part in a public procession to fail to comply with a condition imposed under S12 POA?

Answer 7

Yes, it is an offence under S12 POA.

Question 8

Is it an offence to incite another to commit an offence of failing to comply with a condition imposed on a public procession?

Answer 8

Yes, a person who incites another to commit an offence under subsection is guilty of an offence.

Question 9

What defence is available to a person who organises/takes part in a public procession but fails to comply with a condition?

Answer 9

It is a defence for the person to prove that the failure arose from circumstances beyond his control.

Question 10

What sanctions are applicable to a person who organises a public procession but fails to comply with a condition?

Answer 10

A person guilty of this offence is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both.

Question 11

What sanctions are applicable to a person who takes part in a public procession but fails to comply with a condition?

Answer 11

A person guilty of this offence s liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Question 12

What sanctions are applicable to a person who incites another to fail to comply with a condition of a public procession?

Answer 12

A person guilty of this offence is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both.

Question 13

When can the chief police officer apply for a prohibition order from the local authority under S13(1) POA?

Answer 13

If he or she:

reasonably believes that, because of particular circumstances existing in any district or part of a district, the powers under S12 will not be sufficient to prevent the holding of public processions in that district or part from resulting in serious public disorder.

Question 14

How long can prohibition orders last for?

Answer 14

Such orders cannot exceed 3 months and the local authority will be required to obtain the consent of the Home Secretary.

Question 15

Is an application to the relevant local authority required for prohibition orders in London?

Answer 15

No, a prohibition order can be made by the Commissioner of Police for the Metropolis if they reasonably believe that powers under S12 will not be sufficient to address concerns over serious public disorder in their police area.

Question 16

What is a public assembly under S16 POA ?

Answer 16

A public assembly is a meeting comprising two or more persons in a public place that is wholly or partly open to the air.

Question 17

What is the difference between a public assembly and a public procession?

Answer 17

-The purpose of the assembly is irrelevant

-There is no obligation to give advance notice of a public assembly to the police.

Question 18

S14(1) POA gives the police powers to impose conditions upon public assemblies, if the senior police officer reasonably believes what?

Answer 18

(a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community;

(b) in the case of an assembly, the noise generated by persons taking part in the procession may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession;

(c) in the case of an assembly (i) the noise generated by persons taking part in the procession may have a relevant impact on persons in the vicinity of the assembly, (ii) that impact may be significant; or

(d) the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.

Question 19

What conditions can the senior police officer impose on public assemblies under S14 POA?

Answer 19

In parallel with powers under S12, the senior police officer may, impose conditions on those organising and attending assemblies if they appear to him necessary to prevent the risks of disorder, damage, impact or intimidation.

Question 20

Does a police condition imposed in advance of a public assembly need to be in writing?

Answer 20

Yes, S14(3) where a condition is imposed in advance of the assembly, it must be in writing.

Question 21

Do the police have powers to instigate or make a prohibition order in respect of public assemblies?

Answer 21

No, no such power exists.

Question 22

What level of intimidating behaviour is required to constitute a reasonable belief that the organisers of a public assembly are intending to intimidate others, refer to Police v Reid (Lorna) (1987)?

Answer 22

It has been held that intimidating behaviour must be sufficient to compel the target not to do something, as required by the wording of the Act.

Police v Reid (Lorna) (1987): protesters, taking part in an anti-apartheid demonstration outside the South African High Commission in London, shouted at guests as they arrived and chanted: ‘apartheid murderers, get out of Britain’. The correct test was whether the protestors intended to compel the guests not to go into the Commission.

Question 23

What is a trespassory assembly under S14A POA 1986?

Answer 23

A trespassory assembly must consist of 20 or more persons and be held at a place or on land to which the public has no right of access or only a limited right of access.

Question 24

Under what circumstances can the chief police officer apply for a prohibition order in respect of trespassory assemblies?

Answer 24

If they reasonably believe a trespassory assembly is intended to be held, and that the assembly:

(a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public’s right of access, and

(b) may result-

(i) In serious disruption to the life of the community, or

(ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument.

Question 25

Does a right of peaceful assembly on the public highway exist?

Answer 25

Yes, as per DPP v Jones (Margaret) (1999): a right of peaceful assembly on the public highway can exist provided it is peaceful and non-obstructive.

Question 26

What is the definition of breach of the peace?

Answer 26

There is a breach of the peace whenever harm is actually done or likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawfully assembly or other disturbance.

Question 27

What powers do the police have in relation to a breach of the peace?

Answer 27

-Arrest
-Detention
-‘Bound over’ to maintain good behaviour and keep the peace
-Entering a meeting to prevent an anticipated breach of the peace and asking participants to disperse

Question 28

What is required for the police powers in relation to a breach of the peace to lawfully arise?

Answer 28

For such powers to lawfully arise, there must be a reasonable apprehension of a sufficiently imminent breach of the peace. The imminency requirement applies to the use of all breach of the peace powers.