Public Order Law Flashcards
What is the basic approach of English Law to public processions and meetings?
They are prima facie lawful unless they amount to crimes or torts.
How does English Law approach protest marches and assemblies on public highways?
They are legal as long as they keep moving. Any stoppage may amount to the offence of wilful obstruction under s.137 of the Highways Act 1980.
How may the police control public processions and meetings?
The Public Order Act 1986 gives the police significant powers to deal with potential disruption to society and threats of violence.
What public order offences have been created by the POA 1986?
The offences range from rioting (s.1) to threatening, abusive or insulting behavior (s.5)
What is the definition of public procession in POA 1986.
POA 1986 defines ‘public procession’ as ‘a procession in a public place’ and defines ‘public place’ as any highway or any other place that the public may lawfully access on payment
or otherwise. Public place therefore includes not only places such as public squares, parks and beaches but also privately owned places.
What are the requirements of advance notice for a public procession?
Section 11(1) of the POA 1986 requires any person organising a ‘public procession’ for any of the purposes in s 11(1)(a), (b) and (c) to give the police at least six clear days’ notice of the date, time and route of the proposed procession.
s.11(4) requires that the organisers deliver the notice to a police station in the police area where the procession will start.
What are the purposes stated in s.11(A),(b) and (c) POA 1986?
(a) to demonstrate support for or opposition to the views or actions of any person or body of persons;
(b) to publicise a cause or campaign;
(c) to mark or commemorate an event.
What are the two offences under s.11 POA 1986?
Under s.11(7)(a) the organisers are guilty of an offence if they do not give the required notice.
Under s. 11(7)(b) the organisers are guilty if the processions differ from what the notice specified.
What are the qualifications or exemptions to advance notice?
Under s.11(2) POA 1986, notice is not required for funeral processions nor for customary or commonly held processions in a given police area.
There is an also exception for occasions when it is not reasonably practicable to give notice, such as an impromptu reaction to some news.
What are the defences to the offences under s.11(7) POA 1986?
It is a defence to s.11(7)(a) if the organiser did not know, and did not have any reason to suspect, that s.11 had not been complied with and it is a defence to s.11(7(b) if the departure from the details in the notice arose from circumstances beyond the organiser’s control or from something done with the agreement of the police or by their direction.
What are the consequences of finding the organisers guilty of the offence?
On conviction, the organisers are liable to a fine not exceeding level 3 on the standard scale, currently £1,000. However, only the organisers commit the offence, whilst the procession and participation in it remain lawful.
When can the police impose conditions upon public processions under s.12 POA 1986?
When the march will result in serious public disorder, serious damage to property, or serious disruption to the life of the community (s 12(1)(a)).
When the purpose of the organisers is to intimidate others with a view to compelling them not to do something that they have a right to do, or to do something that they have a right not to do (s 12(1)(b)).
Where noise may cause a significant impact on those in the vicinity or serious disruption to the activities of an organisation.
Where a disruption causes ‘more than minor’ hindrance to day-to-day activities for other people including in particular the making of a journey.
What conditions can a senior police officer impose on a procession?
Those that appear to be necessary to prevent such disorder, damage, disruption, or intimidation. This includes conditions prescribing the route or prohibiting the march from entering a particular public place.
Who can impose conditions on a procession?
For conditions imposed during the procession, it is the most senior police officer present at the scene (s 12(2)(a)) and they may be given verbally. For conditions imposed in advance, it is the chief officer of police – the Chief Constable of the relevant police force or the Commissioner of Police of the Metropolis or for the City of London (s 12(2)(b)), who must give it in writing.
What are the offences under s.12 POA 1986?
s.12(4): Organising a public procession and failing to comply with a condition imposed under s.12(1) where the person concerned knows or ought to know that the condition has been imposed.
s.12(5): Taking part in a public procession and failing to comply with a condition imposed under s.12(1) where the person concerned knows or ought to know that the condition has been imposed.
s.12(6): Inciting a participant in a public procession to commit an offence under s.12(5).
