Public Order Law Flashcards
On what grounds can the police potentially restrict a procession?
-only serious disruption, serious danger of criminal damage or serious likelihood of public disorder is sufficient for the police to place restrictions, or
-if the purpose of the persons organising the procession is the intimidation of others
What type of restrictions can be placed on assemblies by the police?
Limited to:
-the number of people who may take part
-the location
-maximum duration
What is a breach of the peace?
Actual/likely disturbance of the public peace and good order which it is expected citizens should ordinarily enjoy.
Not a criminal offence but the police/any person can take action to prevent a breach of the peace, including using reasonable force, where there are reasonable grounds for believing a breach of the peace is taking place/imminent.
Which human rights are most relevant to public order law?
Right to respect for private and family life - Article 8
Right to freedom of expression - Article 10
Right to peaceful assembly - Article 11
What is a binding over order?
A binding over order is intended to prevent future misconduct and requires the individual to promise to pay a specified sum if the terms of the order are breached.
Recognizance- gives rise to a civil debt on breach of the order.
What is a binding over order?
A binding over order is intended to prevent future misconduct and requires the individual to promise to pay a specified sum if the terms of the order are breached.
Recognizance- gives rise to a civil debt on breach of the order.
What is a public procession?
A procession in a public place. More than a ‘mere body of persons: it is a body of persons who are moving along a route’.
There is no min. number of people to constitute a procession.
What is a public procession?
A procession in a public place. More than a ‘mere body of persons: it is a body of persons who are moving along a route’.
There is no min. number of people to constitute a procession.
When is advance notice required for a public procession?
Organisers of a public procession must give the police advance written notice of. It less than 6 clear days prior to the date on which the procession is due to be held, where the procession has one of 3 purposes:
1. To demonstrate support for or opposition to the views of any person or body of persons;
2. To publicise a cause or campaign; or
3. To mark or commemorate an event.
When is advance notice required for a public procession?
Organisers of a public procession must give the police advance written notice of. It less than 6 clear days prior to the date on which the procession is due to be held, where the procession has one of 3 purposes:
1. To demonstrate support for or opposition to the views of any person or body of persons;
2. To publicise a cause or campaign; or
3. To mark or commemorate an event.
Exception if it’s not reasonably practicable to give any advance notice of the procession.
What must the advance notice required for a public procession specify?
The notice must specify the date, time, proposed route, and name and address of the persons proposing to organise the procession.
Where must the notice be delivered to?
The police station in the police area where it is proposed the procession will start.
Who has the power to impose conditions on public processions?
A senior police officer - usually a Chief Constable or a Commissioner.
However, once a procession is in progress, an SPO can be whoever is the most senior in the rank of police officers present at the scene.
When may an authority prohibit public processions?
The authority to ban public processions rests with the Chief Police Officer (CPO) who can ban public processions up to 3 months in advance.
CPO applies to the local authority for a banning order. The CPO must reasonably believe his powers to impose conditions on the procession are insufficient to prevent serious public disorder.
What is a public assembly?
An assembly of two or more persons in a public place which is wholly/partly open to the air.
