Public order law Flashcards
What does the public order act regulate?
Public processions
Public assemblies
Trespassory assemblies
When exercising their public order powers, what must the police comply with?
s6 HRA (act comptaible with ECHR)
What is the residual freedom principle?
citizens free to do/say what they want unless prohibited by law
For which purposes must notice be given of a proposal to hold a public procession?
a) To demonstrate for/oppose views of any person/body
b) Publicise a cause or campaign
c) Mark or commemorate an event
What is the condition for advance notice of public processions?
Minimum 6 clear days’ notice of date, time and route
What are the exceptions to the advance notice rule for public processions?
- commonly or customarily held in police area proposed or
- funeral procession
When may the police impose conditions on a public procession/assemblies?
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
What must the conditions on public processions be?
Conditions as appear necessary to him to prevent disorder etc
In writing
What is the procedural obligation for conditions on public processions?
provide sufficient reasons for need to impose conditions
What are the offences and defences regarding conditions imposed on public processions?
- 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
What is the sanction for the offence of an organiser who fails to comply with a condition on public processions?
summary conviction – up to 51 weeks or fine
What is the sanction for the offence of a person who takes part who fails to comply with a condition on public processions?
fine
What is the sanction for the offence of a person who incites another to commit an offence in a public procession?
summary conviction – up to 51 weeks or fine
Who can apply for a prohibition order against a public procession?
Police chief
What are the requirements for a prohibition order against public processions
- Reasonably believes conditions will not be sufficient to prevent serious public disorder
- consent of home secretary
What is the max time length for a prohibition order against public processions
3 months
Who can approve a prohibition order against processions in london
Met commissioner
What is a public assembly?
Meetings of two or more people in public place that is open to air
How do the rules on public assemblies differ to processions?
- Purpose is irrelevant
- No obligation for advance notice
Can the police make a prohibition order against public assemblies?
No
When may the police prohibit a public assembly?
Trespassory assemblies
What are the conditions for imposing a prohibition order on a trespassory assembly?
- 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
What type of law is breach of the peace?
common law
IS breach of the peace a criminal offence?
No
What powers does breach of the peace generate?
- Arrest
- Detention
- Bind over to maintain behaviour/peace
- Entering a meeting to prevent anticipated breach of peace and asking to disperse
What is the definition of breach of the peace?
- 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
What must there be for the police to use their powers regarding breach of the peace?
Indication of imminent breach
