Public Order Law Flashcards
What is article 10 ECHR?
Freedom of expression.
What is article 11 ECHR?
Freedom of assembly and association.
When can the state restrict freedom of assembly?
In situations where the restrictions are:
1) prescribed by law; and
2) necessary in a democratic society:
- in the interest of national security or public safety;
- for the prevention of disorder or crime;
- for the protection of health or morals; or
- for the protection of the rights and freedoms of others.
What is the basic approach of English law to processions and meetings?
They are deemed lawful unless they amount to crimes or torts.
Explain when a protest or march may become unlawful.
they are lawful as long as they keep moving.
However, if the marchers stop an hold an assembly or meeting, the position alters.
Eg meetings on public highway may amount to wilful obstruction of a highway contrariety to S137 Highways Act 1980 (making it an offence for a person without authority or excuse to wilfully obstruct the free passage along the highway).
Explain s11(1) of the Public Order Act 1986.
It requires any person organising a public procession for any of the purposes in s11 to give the police at least 6 clear days notice of the date, time and route of the proposed procession.
what are the purposes of public procession permitted by s11?
1) demonstration of support or opposition to view or actions of any person or body of persons;
2) to publicise a cause or campaign;
3) to mark or commemorate an event.
Give two examples where the 6 days notice rule under s11 does not apply.
Football supporters walking to watch a match; or
School children being led somewhere on a trip.
How does s16 define public procession?
A procession in a public place.
Public place is defined as any highway or any other place that the public may lawfully access on payment or otherwise.
What does public place include?
Public squares;
Parks;
Beaches;
But also privately owned places (eg football stadiums or theatres).
Would the definition of public procession cover a march into a theatre protesting about a play?
Yes.
Would it be necessary to give the notice (pursuant to s11) for a remembrance day procession?
No.
Processions with a regular occurrence are outside the remit (as the police should be aware of them) and therefore do not require notice.
Explain the reasonably practicable exception to giving optics under s11.
Covers processions where it is not practicable to give notice (eg a sudden factory closure or unexpected military action by the government).
Such events are exempt from s11 notice requirement.
Explain the case of Kay v Commissioner of Police.
Mass cycle rides Tok place on last Friday of each monty for 12 years without ant central organisation/ route being pre planned.
Police demanded notice under s11.
Judicial review was brought and HOL held that the cycle rides were customary and therefore exempt from the notice requirement.
What are the two offences under s11?
s11(7)(a) - organisers are guilty of this offence if they do not give the required notice.
s11(7)(b) - organisers are guilty of tis offence if processions differ from what the notice specified.
Explain the defences to the offences under s11(7).
a) s11(8) - organisers are not guilty if they did not know, or have any reason to suspect, a s11 notice had not been served/ complied with.
b) s11(9) - organisers are not guilty if departure from details in the notice arose from circumstances beyond their control, or from something done with the agreement of the police or by their direction.
Explain s12 POA 1986.
Police has powers to impose conditions on public process s, provided a senior police officer reasonably believes that:
1) the march will result in a serious public disorder, serious damage to property or serious disruption to the life of the community; or
2) purpose of the organisers is to intimidate others with a view to compelling them not to do something they have aright to do, or to do something they have a right not to do.
Do the offences under s11(7) apply to the participants to the protests?
No.
Only the organisers.
Explain s73 of the Police Crime, Sentencing and Courts Act 2022.
Amended s12 of the POA 1986, broadening situation where police ca impose conditions on protests to include where noise may:
1) cause significant impact on those in the vicinity; or
2) serious disruption to the activities of an organisation.
Define serious disruption for the purposes of s73 PCSCA 2022.
Where the activities may result in persons connected with the organisation not being reasonably able, for a prolonged period, to carry out their activities within the vicinity of a protest.
Explain the aim of the new 2023 regulations.
Allow police to intervene in a wider range of circumstances.
Reduced threshold for serious disruption to a disruption that causes more than minor hinderance to daily activities, in particular to those making a journey.
Also gives police the power to consider imposing conditions:
1) against all relevant disruption that nay result form the assembly, or that ay occur regardless of whether the assembly or procession is held (eg usually in the context of traffic).
2) The cumulative impact of concurrent and repeated processions or assemblies in the same area.
What is a senior police officer for the purposes of exercising the powers under s12?
For conditions imposed during the procession, it will be the most senior police officer at the scene.
For conditions imposed in advance, it is the Chief Constable, or MET commissioner if in London.
What if the offence under s12(4)?
Organising a public procession and failing to comply with a condition imposed under s12(1), where the person knows or ought to have known the conditions had been imposed.
Max sentence is 51 weeks in prison or a fine not exceeding 2.5k, or both.
How must the conditions on a procession be imposed in advance of a procession?
In writing, and they must provide sufficient reason for the decision.
Any conditions imposed must also be propitiate to article 11 ECHR (right to assembly and association).
