Public Order Law

Question 1

What are the advance notice requirements for processions under s 11 POA?

Answer 1

Where for a purpose set out within s 11(1) (a) - (c), must give police at least 6 clear days’ notice of date, time and route

Question 2

What are the purposes under s 11(1)(a)-(c)?

Answer 2

(a) Support for or opposition to views or actions of a person or body of persons

(b) Publicise a cause or campaign

(c) Mark or commemorate an event

Question 3

Where must notice of a procession be delivered?

Answer 3

The police station in police area where procession will start

Question 4

What types of processions are exempt from the notification requirements?

Answer 4

Funeral processions

Commonly held processions

NOTE this means they are exempt from prosecution for failing to provide notice

Question 5

When is notice not required?

Answer 5

If not reasonably practicable to give advance notice - e.g. short notice of visiting official

Question 6

What are the possible offences under s 11(7)(a) and (b) for organises of a procession?

Answer 6

s 11(7)(a) guilty of offence if do not give notice

s 11(7)(b) guilty of offence if procession differs from that specified in notice

Question 7

What is the maximum fine that can be imposed on organisers of a procession for offences under s 11(7)(a) or (b)?

Answer 7

Level 3 on standard scale - £1,000

Question 8

What defences are available for organisers of a procession regarding failure to give advance notice / procession differing from that specified in notice?

Answer 8

 Organisers unaware that no notice given
 Departure from details given in notice beyond organiser’s control, or was done with agreement with police
 Burden of proof on defendant on balance of probabilities

Question 9

What is the purpose of s 12 POA?

Answer 9

Allows conditions to be imposed on processions

Question 10

When can conditions be imposed by a senior police officer?

Answer 10

If they believe march will result in:
- Serious public disorder
- Serious damage to property
- Serious disruption to life of community
- Purpose is intimidation of others with view to make them do / not do something

Question 11

What conditions can be imposed on a public assembly?

Answer 11

Those which appear to the
senior officer as necessary to prevent such disorder, damage, disruption or intimidation

Question 12

What rank police officer is able to impose conditions at time of procession?

Answer 12

Most senior officer present

Question 13

What rank officer is able to impose conditions in advance?

Answer 13

Chief Constable of relevant police force/ Commissioner of Police for London

Question 14

What format must conditions imposed during protest be in?

Answer 14

Can be verbal or writing

Question 15

What format must conditions imposed in advance of a protest be in?

Answer 15

Must be in writing

Question 16

What is the offence under s 12(4) and what are the sanctions?

Answer 16

Organising a procession and knowingly failing to comply with a condition imposed

Imprisonment, fine or both

Question 17

What is the offence under s 12(5) and what are the sanctions?

Answer 17

Taking part in a public procession and knowingly failing to comply with a condition imposed

Fine

Question 18

What is the offence under s 12(6) and what are the sanctions?

Answer 18

Inciting a participant to commit an offence

Imprisonment or fine

Question 19

What defences are available to any of the offences under ss 12(4)-(6)?

Answer 19

Failure to comply was beyond their control

Condition was invalid

Question 20

What is the purpose of s 13 POA?

Answer 20

Provides power to prohibit processions

Question 21

How can processions be banned under s 13?

Answer 21

Chief of Police must apply to Local Authority, and Home Secretary must consent

Question 22

What can be banned under s 13?

Answer 22

A particular class of processions, for a period not exceeding 3 months

Question 23

What are the conditions under which the Chief Constable can apply to the LA to ban all marches, or a class of marches?

Answer 23

The Chief Constable reasonably believes that their powers to impose conditions are insufficient to prevent a risk of serious public disorder

Question 24

What format must the order for the prohibition of processions of a certain class be in?

Answer 24

Writing as per s 13(5)

Question 25

What is the offence under s 13(7) and what are the sanctions?

Answer 25

Organising a procession knowing that it is prohibited Imprisonment, fine or both

Question 26

What is the offence under s 13(8) and what are the sanctions?

Answer 26

Taking part in a procession knowing that it is prohibited Fine

Question 27

What is the offence under s 13(9) and what are the sanctions?

Answer 27

Inciting a participant to take part in a procession that is prohibited Imprisonment or fine

Question 28

What is the general rule regarding police's power relating to meetings?

Answer 28

No power to ban Power to impose conditions

Question 29

When can a senior police officer impose conditions on a meeting?

Answer 29

Reasonably believe that the public assembly may result in: o Serious public disorder o Serious damage to property o Disruption to the life of the community, or o Purpose is the intimidation of others

Question 30

What is the advance notice requirements for a meeting?

Answer 30

No requirements

Question 31

What conditions can be imposed on meetings?

Answer 31

Conditions of place, maximum duration, maximum number of persons

Question 32

What is the offence under s 14(4) and what are the sanctions?

Answer 32

Organising a public assembly and knowingly failing to comply with a condition imposed

Question 33

What is the offence under s 14(5) and what are the sanctions?

Answer 33

Taking part in a public assembly and knowingly failing to comply with a condition imposed

Question 34

What is the offence under s 14(6) and what are the sanctions?

Answer 34

Inciting a participant in a public assembly to commit an offence

Question 35

What defence is available to offences under ss 14(4)-(6)?

Answer 35

Failure to comply was due to circumstances beyond their control

Question 36

What are trespassory assemblies under s 14A?

Answer 36

An assembly to be held at a place or on land to which the public has no right of access or only a limited right of access

Question 37

How many people constitute an assembly?

Answer 37

20 or more

Question 38

What constitutes land under s 14A?

Answer 38

Open air

Question 39

Who is able to ban trespassory meetings?

Answer 39

Local Authority with permission of Secretary of State

Question 40

In what circumstances can the Chief Officer of Police apply to the local authority to prohibit an assembly under s 14A?

Answer 40

Reasonably believes: o Intended to hold a trespassory assembly, o Without the permission of the occupier / outside the terms of permission of right of access o May result in serious disruption to the community or significant damage to land, building or monument

Question 41

What prohibitory conditions can be imposed via order on a trespassory assembly?

Answer 41

o Lasting no more than 4 days o 5 mile radius from specified centre o Home Secretary’s consent required

Question 42

What are the possible offences in connection with trespassory assemblies?

Answer 42

Organising a public assembly and knowing it is prohibited (imprisonment, fine or both) Taking part in a public assembly knowing its prohibited (fine) Incitement to organise or participate if person knows its prohibited (imprisonment or fine)

Question 43

What is the common law public order offence?

Answer 43

Breach of the peace

Question 44

What is the criteria for breach of the peace?

Answer 44

Harm is done or is likely to be done to a person or in their presence to their property Or a person is in fear of being so harmed through a disturbance

Question 45

Is breach of the peace a criminal offence?

Answer 45

No

Question 46

What powers do the police have to prevent breach of peace?

Answer 46

Power of arrest Move people away Power of entry without a warrant