Public Order Law Flashcards
Article 10 ECHR
Freedom of expression
Article 11 ECHR
Freedoms of assembly and association
Can article 10 and 11 ECHR be restricted
If prescribed by law and necessary in a democratic society
When is an article 10 or 11 restriction necessary in a democratic society
Protection of health and morals
Protection of rights and freedoms of others
In the inters of national security and public safety
Prevention of disorder and crime
Negative freedom
Can do anything that isn’t a crime
Are processions and meetings lawful
Yes unless a crime or tort
What is a breach of the peace
Harm actually done or likely to be done to a person or in his present to his property or person is in fear of being harmed through assault, affray, riot, unlawful assembly or other disturbance
Is breach of the peace a criminal offence
No
But triggers police power to take action to prevent breach
Police powers to deal with breach of peace
Can enter property
Can arrest of breach has occurred or to prevent it from occurring
Can require them to move away or disperse
What is a trespassory assembly
Assembly held at place /land to which the public has no right to access or only a limited right to access
What is an assembly
20+ people
What is land (re assembly)
In the open air
Can trespassory assembly be banned
Yes chief of police can apply to local authority for prohibiting order
When can a prohibiting order be obtained for trespassory assembly
Chief of police must reasonably believe that it is intended to hold a trespassory assembly without permission of occupier or outside the terms of any permission
Which may retail in serious disruption to life of community, damage to land or building or SHA monument
How long does prohibiting order for trespassory assembly last
Max 4 days
Does local authority have power to prohibit traspassory assembly
Need S of S permission to make prohibiting order
Size of area to which a prohibiting order can apply (trespassory assembly)
No more than 5 mile radius from specific point
What does a prohibiting order for trespassory assembly prohibit
Prohibits assemblies to the extent that those taking part are trespassing on the land
Offences regarding trespassory assembly
Offence to organise, take part, incident participation knowing it is prohibited
Do you need permission to hold a meeting in public
Generally no permission needed but check buylaws
Can you hold a meeting on private land
Only with landowners permission otherwise it is trespass
Can police remove you from private land if you hold a meeting on private land
Only able to help at landowners request but have no independent powers unless there is a breach of the peace or a crime
Can assemblies / meetings be banned
No unless it is trespassory
Do you need to give notice of meeting / assembly
No
What is a public assembly
2 or more people in a public place that is wholly or partly open to air
Can the police require an assembly to disperse
Only if condition limits duration
When can conditions be imposed on assemblies
If senior police officers can impose conditions on any public assembly if they reasonable believe that it may result in serious public disorder, serious damage to property or serious disruption to life to the community or purpose of organises is to intimate others
How can conditions be given regarding assembly
Written with adaquate reasons unless during meeting then verbal
What can conditions limit regarding assemblies
Place duration and number of people
Offences regarding assemblies
Offence to organise, participate or incite participation in assembly and knowingly fails to comply with condition
Defence to offences regarding assemblies
Defence is conditions are invalid or circumstances beyond their control
Notice required for public procession
6 days clear notice to police of date, time and route
Are possessions on highway legal
Yes but if they stop it is illegal because obstruction of a highway without lawful excuse is an offence
Court decides if protest is lawful excuse based on facts
Public procession
Procession in a public place
What is a public place
Highway or other place that the public may lawfully access on payment or otherwise (so can include private land)
Can conditions be imposed on processions
Yes but article 11 ECHR requires conditions to be proportionate
Intimidating
More than being a nuisance or causing discomfort
When can conditions be imposed on a procession
If senior police officer reasonably believes that the Procession will result in serious public disorder, serious damage to property, or serious disruption to life of community or purpose of organisers is to intimidate others with a code to compelling them not to do something they have a right to do or do something they have a right not to do
Where must notice of a procession be delivered
To police station in police area where procession will start
2 offences under s11 POA
- Didn’t give right notice of procession - defence of organiser didn’t know and have no reason to suspect that notice wouldn’t be complied with
- Protest differs from notice given - defence of due to circumstances beyond organisers control or following police direction
Fine £1000
When is notice for a procession not required
Funerals, customary / common procession or not reasonably practical to give notice eg impromptu
S12 POA offences
Organising public procession and knowing failing to comply with condition - 3 months prison or 2500 fine
Inciting a participant in a public procession to commit offence - 3 months prison or 2500 fine
S12 allows any conditions necessary subject to reasonableness and proportionality
Is a public procession illegal if proper notice isn’t given
Failing to give notice is offence of organiser. If don’t make protest illegal
Participants aren’t committing an offence
Offences regarding participating in public procession
Offence to organise a public procession knowing it is prohibited, participate knowing it is prohibited or incite participation knowing it is prohibited
Can a public procession be prohibited
Chief officer of police can apply for a prohibition order if they reasonable believe that due to circumstances existing only in that locality s12 is insufficient to prevent risk of serious public disorder
How long can a prohibition order last for a public procession
Any period max 3 months
Can a specific individual procession be prohibited
Prohibit any class of procession but not for a specific individual procession
Can a prohibition order for public procession be challenged
Yes by JR
