Public Order Law Flashcards
Approach of English law to public order
Historically based
on the principle of residual or ‘negative’ freedom developed at common law, ie that citizens are free to do as they wish unless the law clearly states that such conduct is prohibited.
HRA - shift to positive protection of individual rights and freedoms.
Art 11 freedom of assembly. State can only restrict if restrictions:
* prescribed by law; and
* necessary in a democratic society;
∘ in the interests 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.
Basic approach of English law is that processions and meetings are prima facie lawful unless they amount to crimes or torts.
POA 1986 gives police significant powers to deal with potential disruption to society and threats of violence.
Processions - Advance notice
Section 11(1) of the POA 1986 requires any person organising a ‘public procession’ for any
of the purposes below, to give the police at least 6 clear days’ notice of the date, time and route of the proposed procession.
Purposes:
(a) to demonstrate support for or opposition to the views or actions of any person or body of persons;
(b) to publicise a cause or campaign; or
(c) to mark or commemorate an event.
Public = any highway or any other place that the public may lawfully access. Even if access by buying a ticket.
Organisers to deliver the notice to a police station in the police area
where the procession will start.
Processions - Qualifications and exemptions
Does not apply to funeral
processions nor to customary or commonly held processions in a given police area.
Exception for occasions when it is not reasonably practicable to give notice.
E.g. impromptu reaction to some news such as the sudden announcement of a factory closure or unexpected military action by a government.
Processions - s 11 offences
- if they do not give the required notice.
Defence:
if the organiser did not know, and did not have any reason to suspect, that s 11 had not been complied with. - if the processions
differ from what the notice specified.
Defence:
if the departure from the details in the notice arose from circumstances beyond the organiser’s control or from something done with the agreement of the police or by their direction.
Processions - Imposing conditions on public processions
Police can do this if senior police officer reasonably believes that:
* the march will result in serious public disorder, serious damage to property, or serious disruption to the life of the community (s 12(1)(a)); or
* the purpose of the organisers is to intimidate others with a view to compelling them not to
do something that they have a right to do, or to do something that they have a right not to
do (s 12(1)(b)).
Later amendment - also where noise may cause a significant impact
on those in the vicinity or serious disruption to the activities of an organisation.
Serious disruption =
a disruption that causes ‘more than minor’ hindrance to day-to-day activities for other people, including the making of a journey.
Processions - Offences under s 12
- s 12(4): Organising a public procession and failing to comply with a condition imposed under s 12(1) where the person concerned knows or ought to know that the condition has been imposed.
Possible sanctions: Imprisonment not exceeding 51 weeks or a fine not exceeding level 4
on the standard scale (currently £2,500) or both. - s 12(5): Taking part in a public procession and failing to comply with a condition imposed under s 12(1) where the person concerned knows or ought to know that the condition has been imposed.
Possible sanctions: Fine not exceeding level 3 on the standard scale (currently £1,000) - s 12(6): Inciting a participant in a public procession to commit an offence under s 12(5).
Possible sanctions: Imprisonment for a term not exceeding 51 weeks or a fine.
Processions - The power to prohibit processions
s13.
A chief officer of police can apply for a prohibition order in respect of public processions if they reasonably believe, because of
particular circumstances existing in any locality, that the powers in s 12 are insufficient to prevent a risk of serious public disorder.
Apply to the local authority, which then makes an order with the Home Secretary’s consent.
In London it is the Commissioner
of Police for the City of London or the Commissioner of Police of the Metropolis who makes the order.
Order can be for any period not exceeding 3 months.
Processions - Offences under s 13
- s 13(7): Organising a public procession knowing that it is prohibited under s 13.
Possible sanctions: Imprisonment not exceeding three months or a fine. - s 13(8): Taking part in a public procession knowing that it is prohibited under s 13.
Possible sanctions: Fine. - s 13(9): Inciting a participant to take part in a public procession that is prohibited
under s 13.
Possible sanctions: Imprisonment for a term not exceeding three months or a fine.
Meetings - permission
General rule is that there is no requirement to obtain permission to hold a meeting.
Local or private Acts of Parliament or byelaws may mean you need permission for parks or public squares.
A meeting on private land requires the permission of the owner.
Meetings - Imposing conditions on public assemblies
s14.
Senior police officer can impose conditions on any public assembly if they reasonably believe that it may result in serious public disorder, serious damage
to property or serious disruption to the life of the community, or that the purpose of the organisers is the intimidation of others.
Also where noise may cause a significant impact
on those in the vicinity or serious disruption to the activities of an organisation - can give direction to one person protests for this.
No requirement for the organisers to give advance notice.
Public assembly = assembly comprising two or more persons in a public place that is wholly or partly open to the air.
Meetings - Offences under s 14
- s 14(4): Organising a public assembly and failing to comply with a condition imposed under s 14(1) where the person concerned knows or ought to know that the condition has
been imposed.
Possible sanctions: Imprisonment not exceeding 51 weeks or a fine. - s 14(5): Taking part in a public assembly and failing to comply with a condition imposed under s 14(1) where the person concerned knows or ought to know that the condition has been imposed.
Possible sanctions: Fine - s 14(6): Inciting a participant in a public procession to commit an offence under s 14(5).
Possible sanctions: Imprisonment for a term not exceeding 51 weeks or a fine.
Defence:
- can show that their failure to comply with
the conditions was due to circumstances beyond their control.
- conditions invalid
Meetings - Trespassory assemblies
Power to apply for meetings to be banned.
Assemblies of 20+ on land in (partly) open air.
Chief officer of police must reasonably believe that it is intended to hold a trespassory assembly:
* without the permission of the occupier or outside the terms of any permission or right of access; and
* which may result in serious disruption to the life of the community or significant damage to the land, building or monument which is of historical, archaeological or scientific importance.
Apply to local authority.
Order cannot last more than 4 days.
Must not apply to an area greater than that 5 mile radius.
Meetings - Trespassory assemblies - offences
- s 14B(1): Organising an assembly knowing it to be prohibited.
Possible sanctions: Imprisonment not exceeding three months or a fine. - s 14B(2): Taking part in assembly if the participant knows it is prohibited.
Possible sanctions: Fine. - s 14B(3): Incitement to organise or participate in an assembly if the person knows it is prohibited.
Possible sanctions: Imprisonment for a term not exceeding three months or a fine.
Notice only prohibits assemblies to the extent those taking part in it are trespassing on the land.
The common law: breach of the peace
Breach of 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 of being
so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance.
Not a criminal offence but triggers police powers if breach of peace ‘imminent’.
Conduct should be a proportionate response to ensure no violation of convention rights.
