Public Order Law Flashcards
What are the rules for the giving of advanced notice of a procession under section 11 of the Public Order Act 1986?
Anyone organising a “public procession” in order to:
- demonstrate support for/opposition against certain views/beliefs;
- publicise a cause or campaign; or
- mark or commemorate an event
must give the police at least 6 clear days’ notice of the date time and route and the name and address of the person organising the procession.
The notice must be delivered at the police station in the area in which the procession will start.
What is a “procession” for the purposes of section 11 of the Public Order Act 1986?
Public procession means a procession that takes place anywhere the public can access, whether for free or not (i.e. with a ticket) - includes roads, dance clubs and other private land where the public can go to (e.g. rugby ground).
Some processions are exempt:
- Common processions held annually for a number of years: Remembrance Day or a local sporting event that happens every year
- When it is reasonably impractical to give notice - this is when there is an unexpected event e.g. factory closure which people are protesting against
What are the offences for breaches of section 11 of the Public Order Act 1986?
Two offences:
1) Failure to provide notice
2) Procession differs from that which is specified in the notice
Defences:
- The organiser did not know and had no reason to suspect that the notice had not been given
- The procession is different for reasons beyond the organisers’ control or because the police made it different
What are the circumstances that permit a senior police officer to impose conditions on processions under section 12 of the Public Order Act 1986?
The senior police officer having regard to the time or place at which and the circumstances in which any public procession is being held or is intended at be held and to its route or proposed route reasonably believes that:
a) the march will cause serious disorder, serious damage to property or serious disruptions to the life of the community (serious disruptions to the life of the community includes causing a delay to time-sensitive products or preventing people from accessing essential services like money, hospitals, food, fuel, educational institutions, transport facilities or places of worship); or
b) the march if it creates a lot of noise, will result in serious disruption to the activities of an organisation taking part in that area and the impact would be significant (i.e. stopping them from continuing); or
c) the noise caused by a march would have a significant impact on people in the vicinity of the procession (impacting them in a way that distresses them); or
d) the purpose of the march is to intimidate others so that they are forced to do or not do something against their rights as a citizen (e.g. forces them not to enter a building or use a public road). Intimidate here is strong: they must be forcing bystanders/citizens against their will.
What conditions can a senior police officer impose under section 12 of the Public Order Act 1986?
The senior officer can impose conditions which are necessary to prevent disorder, disruption, damage or intimidation.
The restrictions can only be imposed if:
- they are given by a senior police officer;
- if before the event, in writing (if during, verbally)
- with sufficient and clear reasons justifying them; and
- they are necessary and proportionate
What is a “senior police officer” for the purposes of sections 12 and 14 of the Public Order Act 1986?
The “senior police officer” is:
- if on the day of the march/assembly (s14) the most senior police officer present; or
- if before the march/assembly, the chief officer of the police (a chief constable of the relevant police force, who can delegate their powers to their assistant chief constable)
What offences are there under section 12 of the Public Order Act 1986?
Three offences under s12:
1) organising a march and failing to comply with conditions imposed when they knew or ought to have known that conditions had been imposed
2) Taking part in a march and failing to comply with a condition when they knew or ought to have known that condition had been imposed
3) inciting someone to take part in a march which will result in that person knowingly failing to comply with a condition
Defences for organising and taking part:
- failure to comply with condition was because of circumstances beyond their control; or
- the conditions were neither necessary nor proportionate
How can a public procession be prohibited under section 13 of the Public Order Act 1986?
The chief officer of police for a local areas can apply to the local authority for a prohibition on a public procession if they reasonably believe that, because of local circumstances, powers to impose conditions under s12 are not sufficient to prevent serious public disorder. The local authority must then see the Home Secretary’s consent. If this is in London, the Commissioner for Police goes straight to the Home Secretary.
Any order must:
- Only be for a class of protests, e.g. political or environmental protests
- Can’t be for a specific individual protest
- Must be in writing
- Can’t exceed 3 months
- Be based on a reasonable belief that the powers under s12 will not be sufficient to prevent serious public disorder in a certain area or district
- Can be challenged by judicial review
What offences are there under Section 13 of the Public Order Act 1986?
Three offences:
1) Taking part in a march that is prohibited
2) Organising a march knowing that it is prohibited
3) Inciting someone to take part in a prohibited march that the incited person knows is prohibited
What powers does a senior police officer have with respect to a “public assembly” under section 14 of the Public Order Act 1986?
A senior police officer can impose conditions on a public assembly.
The grounds are exactly the same as under section 12: the senior police officer, having regard to the local area in which the public assembly is being held, must reasonably believe that the public assembly will either:
a) cause serious public disorder or serious damage to property or serious disruption to the life of the community (same definition as s12 - preventing people from accessing essential, causing delays to time-sensitive products or emergency case, or the making of day-to-day journeys); or
b) noise created by the assembly would seriously impact an organisation trying to conduct activities nearby or seriously impact an individual in the vicinity (note the police officer must take into account cumulative disruption and the impact, intensity and duration of the noise on the number of people in the area); or
c) the intention or purpose is to intimidate other to force them to do something against their will
What is a “public assembly” for the purposes of section 14 of the Public Order Act 1986?
A public assembly is:
- any gathering of 2 or more people; and
- partly or completely the open air (basically anything outside; can be partly inside and partly outside)
Purpose of assembly is irrelevant
What offences are there under section 14 of the Public Order Act 1986?
Three offences:
1) organising a public assembly and failing to comply with a condition when they knew or ought to have known that a condition had been imposed.
2) Taking part in a public assembly and failing to comply with a condition when the knew or ought to have known that a condition had been imposed
3) Inciting someone to take part in an assembly in which they fail to comply with a condition when the incited person knew or ought to have known that a condition had been imposed.
Defence to organising and taking part: failure to comply with conditions because of circumstances beyond their control or the conditions were neither necessary nor proportionate
What powers are available under section 14A of the Public Order Act 1986?
If a chief officer of the police reasonably believes that a trespassory assembly is intended to be held in a certain area, the chief officer of police can apply to the council, which gets consent from the Home Secretary (Commissioners of Police in London can go straight to the Home Secretary) for an order to ban trespassory assemblies in that specified area.
In order to ban an intended assembly, the chief officer/Commissioner (if London) must reasonably believe:
i. the intended assembly likely doesn’t have permission to be held on the private land or will exceed any consent; and
ii. it will cause serious disruption to people or damage to land, building or monument of historical or cultural or scientific interest.
What are the rules on any ban on a trespassory assembly under section 14A of the Public Order Act 1986?
- Must get the Home Secretary’s consent
- The ban cannot be for more than 4 days
- The ban cannot extend over more than a 5-mile radius
- Only applies to people trespassing on private land. The ban cannot apply if the group is protesting on public land (e.g. a road)
What is a “trespassory assembly” for the purposes of section 14A of the Public Order Act 1986?
Trespassory assemblies are:
a) held completely in the open air - must be in an open area outside rather than partially inside
b) on land to which the public has no or limited right of access (e.g. private land); and
c) consist of 20 people or more
What offences are there in connection with any breach of section 14 of the Public Order Act 1986?
Three offences:
1) Organising a prohibited assembly
2) Taking part in a prohibited assembly you know is banned
3) Inciting someone to take part in a prohibited assembly when the participating person knows it is banned
