Public Order Law

Question 1

What are public processions?

Answer 1

• 6 clear days’ notice of the date and time and route of procession
• Some are exempt
• Police are allowed to impose condition on public procession if the senior officer reasonably believes that it may result in serious public disorder, or damage to property or disruption to the life of the community
• Whatever is considered necessary
• Must provide sufficient reasons to organisers of a procession for need to impose conditions on it.
  S13 – power to prohibit processions – if reasonably believe it will result in serious public disorder

Question 2

Public assemblies?

Answer 2

Public assemblies

No OBLIGATION to give advance notice of public assembly to the police.
- Can impose conditions upon public assemblies if senior police reasonably believes that it will result in public disorder.
- The intimidatory behaviour must be enough to compel them to do something. Reasonable belief of this intimidation.

Conditions must be in writing
- Police do not have power to prohibit assemblies HOWEVER trespassory assemblies consisting of more than 20 people in a place where they should NOT be can have a prohibition order. Chief of police power to apply for a prohibition order.

Question 3

What is a breach of peace?

Answer 3

• 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.

ITS NOT A CRIMINAL OFFENCE BUT

Breach of the peace triggers a variety of police powers at common law including arrest, detention, having a person bound over, entering meetings, and dispersing persons

THERE MUST BE SUFFICENTLY IMMINENT BREACH OF THE PEACE WHICH WAS NOT ARBITARY AND WAS DEPLOYED IN GOOD FAITH