Public Order Law

Question 1

What is a public procession?

Answer 1

A process in a highway or any other public place that the public may lawfully access

Question 1

Which legislation sets out the rules about processions & assemblies?

Answer 1

Public Order Act 1986

Question 2

What are the notice requirements for public processions?

Answer 2

Must give six clear days notice of date, time & route if purpose is:

(a) Support or opposition to view/action

(b) Publicise cause or campaign

(c) Commemorate event

Will be guilty of offence if no notice given or if differs from notice (if convicted, Level 3 fine)

Possible defences

• Organiser unaware no notice given
• Differed for reason beyond organiser’s control, in agreement with police (burden on D)

Nb. If fail to get notice (& sometimes notice won’t be practicable), the march itself is not illegal

Question 3

When will the organiser of a public procession be guilty of an offence under s11 Public Order Act 1987 (notice)?

Answer 3

If no notice given or differs from notice

If convicted, liable to fine not exceeding Level 3 (currently £1,000)

2 possible defences:

• Organiser unaware no notice given
• Differed for reason beyond organiser’s control, in agreement with police (burden on D)

Question 4

When can the police impose conditions on processions?

Answer 4

When the Senior Police Officer reasonably believes the march:

• Will result in serious public disorder / damage / disruption
• Purpose is to intimidate others with view to compelling them to do / not do something

Senior Police Officer =
- Conditions imposed during protest: most senior officer present
- Conditions imposed in advance: Chief Constable of relevant force / Met Commissioner

Any conditions must be proportionate

Question 5

How are conditions imposed on a march?

Answer 5

Conditions during march: can be verbal

Conditions in advance: must be in writing

Question 6

What are the 3 offences under the Public Order Act in relation to conditions for protests?

Answer 6

I. Organising a procession & knowingly failing to comply with a condition (fine &/or prison)

II. Taking part & knowingly failing to comply with a condition (fine)

III. Inciting participant to commit an offence under (I) or (II)

2 possible defences:

• Conditions invalid
• Failure to comply due to circumstances beyond control (burden on D)

Question 7

When can the police prohibit a procession?

Answer 7

If they reasonably believe that the conditions powers are insufficient to prevent a risk of serious public disorder

• Chief Officer of Police applies to Local Authority for prohibition order + Home Sec must consent
• Order can be for any period not exceeding 3 months (will relate to all public processions, not individual march)
• Must be in writing

Question 8

What are the 3 offences in the Public Order Act in relation to prohibited processions

Answer 8

• Organising a procession knowing it is prohibited (fine &/or prison)
• Taking part in procession knowing it is prohibited (fine)
• Inciting participant to take part in prohibited procession (fine &/or prison)

Question 9

What is a public assembly?

Answer 9

The meeting of 2 or more persons in a public place that is wholly or partly open to the air

Question 10

Do the police have the power to ban public assemblies?

Answer 10

On the whole no (unless ‘trespassory’) - but do have power to impose conditions or require participants to disperse

Question 11

When can the police impose conditions on public assemblies?

Answer 11

If a Senior Police Officer reasonably believes that a public assembly may result in

• Serious public disorder / damage / disruption
• Purpose is the intimidation of others

Conditions can be restricting place, duration or max number of persons

Question 12

How can the police impose conditions on public assemblies?

Answer 12

Conditions given during the meeting: can be given verbally

Conditions given in advance: must be in writing and give adequate reasons

Question 13

What are the 3 offences relating to public assemblies & conditions?

Answer 13

Organising a public assembly & knowingly failing to comply with a condition (fine &/or prison)

Taking part in public assembly & knowingly failing to comply with condition (fine)

Inciting participant in public assembly to not comply with condition (fine &/or prison)

Possible defence if failure to comply was beyond their control (burden on D)

Question 14

What is a trespassory meeting?

Answer 14

An assembly of 20 or more persons to be held at a place or on land in the open air to which public has no right / limited right of access

Question 15

When can a trespassory meeting be prohibited?

Answer 15

Can be prohibited if Chief Officer of Police reasonably believes:
1. Intend to hold trespassory assembly
2. Without permission of occupier
3. Which may result in serious disruption or damage

–> Apply to Local authority for order
- Home Sec must consent
- Lasts no more than 4 days
- Applies to 5 mile radius from specified centre

Question 16

What are the 3 offences in relation to trespassory meetings?

Answer 16

Organising public assembly knowing it is prohibited (fine &/or prison)

Taking part in public assembly knowing it is prohibited (fine)

Inciting someone to organise or participate in public assembly knowing it is prohibited (fine &/or prison)

Question 17

What is breach of the peace?

Answer 17

‘Whenever harm is done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through…a disturbance’

ie. An act is done which:

• Harms a person or (in their presence) their property
• Likely to cause such harm
• Puts someone in fear of such harm

Nb. Must be imminent

Question 18

What are the police’s powers to prevent breach of the peace?

Answer 18

Power of arrest

Moving people away

Entry without warrant

((Must show conduct is proportionate))

Question 19

If a procession is commonly or customarily held, do the organisers have to give notice every time?

Answer 19

No

(Will still be commonly held if route varies every time, ie. must be regularly held but doesn’t have to be exactly same each time)