Public Order Law Flashcards
What is a public procession?
A process in a highway or any other public place that the public may lawfully access
Which legislation sets out the rules about processions & assemblies?
Public Order Act 1986
What are the notice requirements for public processions?
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
When will the organiser of a public procession be guilty of an offence under s11 Public Order Act 1987 (notice)?
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)
When can the police impose conditions on processions?
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
How are conditions imposed on a march?
Conditions during march: can be verbal
Conditions in advance: must be in writing
What are the 3 offences under the Public Order Act in relation to conditions for protests?
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)
When can the police prohibit a procession?
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
What are the 3 offences in the Public Order Act in relation to prohibited processions
- 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)
What is a public assembly?
The meeting of 2 or more persons in a public place that is wholly or partly open to the air
Do the police have the power to ban public assemblies?
On the whole no (unless ‘trespassory’) - but do have power to impose conditions or require participants to disperse
When can the police impose conditions on public assemblies?
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
How can the police impose conditions on public assemblies?
Conditions given during the meeting: can be given verbally
Conditions given in advance: must be in writing and give adequate reasons
What are the 3 offences relating to public assemblies & conditions?
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)
What is a trespassory meeting?
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
When can a trespassory meeting be prohibited?
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
What are the 3 offences in relation to trespassory meetings?
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)
What is breach of the peace?
‘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
What are the police’s powers to prevent breach of the peace?
Power of arrest
Moving people away
Entry without warrant
((Must show conduct is proportionate))
If a procession is commonly or customarily held, do the organisers have to give notice every time?
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)
