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Con And Admin Law > Public Order Law > Flashcards

Public Order Law Flashcards

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1
Q

Article 10 ECHR

A

Freedom of expression

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2
Q

Article 11 ECHR

A

Freedoms of assembly and association

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3
Q

Can article 10 and 11 ECHR be restricted

A

If prescribed by law and necessary in a democratic society

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4
Q

When is an article 10 or 11 restriction necessary in a democratic society

A

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

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5
Q

Negative freedom

A

Can do anything that isn’t a crime

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6
Q

Are processions and meetings lawful

A

Yes unless a crime or tort

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7
Q

What is a breach of the peace

A

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

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8
Q

Is breach of the peace a criminal offence

A

No

But triggers police power to take action to prevent breach

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9
Q

Police powers to deal with breach of peace

A

Can enter property
Can arrest of breach has occurred or to prevent it from occurring
Can require them to move away or disperse

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10
Q

What is a trespassory assembly

A

Assembly held at place /land to which the public has no right to access or only a limited right to access

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11
Q

What is an assembly

A

20+ people

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12
Q

What is land (re assembly)

A

In the open air

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13
Q

Can trespassory assembly be banned

A

Yes chief of police can apply to local authority for prohibiting order

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14
Q

When can a prohibiting order be obtained for trespassory assembly

A

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

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15
Q

How long does prohibiting order for trespassory assembly last

A

Max 4 days

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16
Q

Does local authority have power to prohibit traspassory assembly

A

Need S of S permission to make prohibiting order

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17
Q

Size of area to which a prohibiting order can apply (trespassory assembly)

A

No more than 5 mile radius from specific point

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18
Q

What does a prohibiting order for trespassory assembly prohibit

A

Prohibits assemblies to the extent that those taking part are trespassing on the land

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19
Q

Offences regarding trespassory assembly

A

Offence to organise, take part, incident participation knowing it is prohibited

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20
Q

Do you need permission to hold a meeting in public

A

Generally no permission needed but check buylaws

21
Q

Can you hold a meeting on private land

A

Only with landowners permission otherwise it is trespass

22
Q

Can police remove you from private land if you hold a meeting on private land

A

Only able to help at landowners request but have no independent powers unless there is a breach of the peace or a crime

23
Q

Can assemblies / meetings be banned

A

No unless it is trespassory

24
Q

Do you need to give notice of meeting / assembly

A

No

25
Q

What is a public assembly

A

2 or more people in a public place that is wholly or partly open to air

26
Q

Can the police require an assembly to disperse

A

Only if condition limits duration

27
Q

When can conditions be imposed on assemblies

A

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

28
Q

How can conditions be given regarding assembly

A

Written with adaquate reasons unless during meeting then verbal

29
Q

What can conditions limit regarding assemblies

A

Place duration and number of people

30
Q

Offences regarding assemblies

A

Offence to organise, participate or incite participation in assembly and knowingly fails to comply with condition

31
Q

Defence to offences regarding assemblies

A

Defence is conditions are invalid or circumstances beyond their control

32
Q

Notice required for public procession

A

6 days clear notice to police of date, time and route

33
Q

Are possessions on highway legal

A

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

34
Q

Public procession

A

Procession in a public place

35
Q

What is a public place

A

Highway or other place that the public may lawfully access on payment or otherwise (so can include private land)

36
Q

Can conditions be imposed on processions

A

Yes but article 11 ECHR requires conditions to be proportionate

37
Q

Intimidating

A

More than being a nuisance or causing discomfort

38
Q

When can conditions be imposed on a procession

A

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

39
Q

Where must notice of a procession be delivered

A

To police station in police area where procession will start

40
Q

2 offences under s11 POA

A
  1. 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
  2. Protest differs from notice given - defence of due to circumstances beyond organisers control or following police direction

Fine £1000

41
Q

When is notice for a procession not required

A

Funerals, customary / common procession or not reasonably practical to give notice eg impromptu

42
Q

S12 POA offences

A

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

43
Q

Is a public procession illegal if proper notice isn’t given

A

Failing to give notice is offence of organiser. If don’t make protest illegal
Participants aren’t committing an offence

44
Q

Offences regarding participating in public procession

A

Offence to organise a public procession knowing it is prohibited, participate knowing it is prohibited or incite participation knowing it is prohibited

45
Q

Can a public procession be prohibited

A

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

46
Q

How long can a prohibition order last for a public procession

A

Any period max 3 months

47
Q

Can a specific individual procession be prohibited

A

Prohibit any class of procession but not for a specific individual procession

48
Q

Can a prohibition order for public procession be challenged

A

Yes by JR

Con And Admin Law (6 decks)

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