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Public Law II > Public order law > Flashcards

Public order law Flashcards

1
Q

What does the public order act regulate?

A

Public processions
Public assemblies
Trespassory assemblies

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2
Q

When exercising their public order powers, what must the police comply with?

A

s6 HRA (act comptaible with ECHR)

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3
Q

What is the residual freedom principle?

A

citizens free to do/say what they want unless prohibited by law

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4
Q

For which purposes must notice be given of a proposal to hold a public procession?

A

a) To demonstrate for/oppose views of any person/body
b) Publicise a cause or campaign
c) Mark or commemorate an event

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5
Q

What is the condition for advance notice of public processions?

A

Minimum 6 clear days’ notice of date, time and route

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6
Q

What are the exceptions to the advance notice rule for public processions?

A
  • commonly or customarily held in police area proposed or
  • funeral procession
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7
Q

When may the police impose conditions on a public procession/assemblies?

A

senior police officer reasonably believes that:-
* may result in serious public disorder, damage to property or disruption of community life
* Purpose is to intimidate others to compel others to act against their will

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8
Q

What must the conditions on public processions be?

A

Conditions as appear necessary to him to prevent disorder etc
In writing

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9
Q

What is the procedural obligation for conditions on public processions?

A

provide sufficient reasons for need to impose conditions

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10
Q

What are the offences and defences regarding conditions imposed on public processions?

A
  • Organiser who fails to comply with condition
    o Defence: circumstances beyond his control
    o Only if they know/ought to know of condition
  • Person who takes part who fails to comply with condition
    o Defence: circumstances beyond his control
    o Only if they know/ought to know of condition
  • Person who incites another to commit an offence
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11
Q

What is the sanction for the offence of an organiser who fails to comply with a condition on public processions?

A

summary conviction – up to 51 weeks or fine

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12
Q

What is the sanction for the offence of a person who takes part who fails to comply with a condition on public processions?

A

fine

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13
Q

What is the sanction for the offence of a person who incites another to commit an offence in a public procession?

A

summary conviction – up to 51 weeks or fine

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14
Q

Who can apply for a prohibition order against a public procession?

A

Police chief

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15
Q

What are the requirements for a prohibition order against public processions

A
  • Reasonably believes conditions will not be sufficient to prevent serious public disorder
  • consent of home secretary
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16
Q

What is the max time length for a prohibition order against public processions

A

3 months

17
Q

Who can approve a prohibition order against processions in london

A

Met commissioner

18
Q

What is a public assembly?

A

Meetings of two or more people in public place that is open to air

19
Q

How do the rules on public assemblies differ to processions?

A
  • Purpose is irrelevant
  • No obligation for advance notice
20
Q

Can the police make a prohibition order against public assemblies?

A

No

21
Q

When may the police prohibit a public assembly?

A

Trespassory assemblies

22
Q

What are the conditions for imposing a prohibition order on a trespassory assembly?

A
  • Likely to be held without permission of occupier/exceed permission
  • May result in disruption to community life or
  • Significant damage to a historical/important land/building/monument
23
Q

What type of law is breach of the peace?

A

common law

24
Q

IS breach of the peace a criminal offence?

A

No

25
Q

What powers does breach of the peace generate?

A
  • Arrest
  • Detention
  • Bind over to maintain behaviour/peace
  • Entering a meeting to prevent anticipated breach of peace and asking to disperse
26
Q

What is the definition of breach of the peace?

A
  • Harm is done/likely to be done to a person or his property or a person is in fear of being harmed through assault, riot, unlawful assembly or disturbance
27
Q

What must there be for the police to use their powers regarding breach of the peace?

A

Indication of imminent breach

Public Law II (14 decks)

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