PUBLIC ORDER LAW

Question 1

ECHR AND HRA

Answer 1

1. the ECHR and the HRA provide for certain qualifed rights—rights that can be limited by formalities, conditions, restrictions, or penalties as are** prescribed by law **and are necessary in a democratic society for the purpose of national security, public safety, or the prevention of disorder or crime.
2. Relatedly, the Public Order Act 1986 gives public authorities, in particular
   the police, the power to limit the right to protest and the pow-er to arrest persons who violate public order.

Question 2

BREACH OFTHE PEACE
The ‘King’s Peace’

Answer 2

1. Under the common law, police officers have a duty to maintain the ‘King’s Peace’ (that is, a duty to prevent breaches of the peace). Thus, they must ensure that citizens may go about their** ordinary business free from undue interference **from other citizens.
2. This power is in addition to the offences provided by the Public Order Act 1986 and can be used in conjunction with those offences.

Question 3

Conduct Required for Breach of the Peace A breach of the peace occurs:

Answer 3

1. When a person is genuinely in fear of harm to themselves or to their property in their presence as a result of an assault, afray, riot, or other disturbance;
2. When harm has actually been done to a person or to property in their presence; or
3. When harm** is likely to be done** to a person or to property in their presence.

Note that mere verbal insults are insuffcient for a breach of the peace. The words must make someone believe that they are at **an imminent risk of an assault ** Verbal threats need to be accompanied with the necessary physical conduct for a breach of the peace to occur.

Question 4

Location of Breach of the Peace

Answer 4

A breach of the peace can take place in either a public space or private premises, including residential property.

Question 5

Effect of Breach of the Peace

Answer 5

A police officer can take such steps as are reasonable to terminate a breach of the peace or to prevent a likely one, including arresting the person or forcing entry into private premises.

Question 6

“Harm Likely to Be Done”

Answer 6

As noted above, someone can be arrested if a breach of the peace is likely to occur, but that breach must be ‘imminent’—that is, something which is about to happen.

Question 7

Power to Bind Over

Answer 7

1. Although a breach of the peace is not a criminal offence, a person breaching the peace could be made subject to a binding over order, which requires the person arrested to maintain the peace and keep good behaviour for a specifed period of time.

Question 8

PUBLIC PROCESSIONS

Answer 8

The Public Order Act 1986 imposes a range of conditions on public processions (that is, marches), and in certain circumstances they can be banned outright.

Question 9

**When Notice Is Required
As the name suggests, a public procession must take place in public (usually, but not always, on the public highway). Usually,advance notice of the procession must be given to the police if the procession is intended to achieve one of the following:

Answer 9

*To **demonstrate **support for, or opposition to, the views or
actions of any person or persons;
*To **publicise **a cause or campaign; or
*To mark or commemorate an event (unless it is not reasonably practicable to give a notifcation).

Question 10

Notice Requirements for Public Procession

Answer 10

1. Be given at least six clear days before the proposed date of the procession, or, if that is not possible, as soon as it is reasonably practicable.
2. ‘Clear days’ means that the day
   that the notice is given and the day of the procession are excluded, with the effect that the notice needs to be giv-
   en at least** one week before** the date of the procession;
   3, Be delivered to a police station located in the area in which the procession will take place; and
3. Specify the date, time, route, and the name and address of the person (or one of the persons) organising the pro-
   cession.
4. The failure to meet theserequirements is an offence and an offender can be subject to a fine.

Question 11

Exceptions to Notice for Public Procession

Answer 11

The requirement of a notice does not apply to processions commonly or customarily held, such as a Remembrance Sun-day parade or an annual church procession held in the local area. Neither does the requirement apply to funeral directors organising a funeral march in the course of their business.

Question 12

Potential Conditions on Processions

Answer 12

1. On receiving a notice, the senior police officer (who is either the chief constable of the area or the most senior police offocer present at the march) can **impose conditions **on the march or procession if they reasonably believe, considering
   the time, place, circumstances, or route of the procession, that any of the following apply:

*The procession will result in serious public disorder, serious damage to property, or serious disruption to the life of the community;

*The purpose of the procession is to intimidate others with a view to compelling them not to do an act they
have a right to do, or to do an act that they have a right not to do; or

*Those taking part in the procession are likely to generate such noise that it may result in serious disruption to the activities of an organisation, or have **a signifcant impact ** on persons, in the vicinity of a procession. ‘Serious dis-ruption’ means that the organisation is unable to be reasonably able to carry on their activities for a prolonged period of time. ‘Serious impact on persons’ means it may result in **alarm, distress, intimidation, or harassment **of persons of reasonable frmness with the characteristics of persons in that vicinity;

Question 13

Conditions that May Be Imposed on public procession

Answer 13

Then the **senior police **officer may impose any conditions that appear necessary to prevent such disorder, damage, disruption, impact, or intimidation

Question 14

‘Serious Disruption to Life of Community’
For processions in England and Wales, ‘serious disruption to
the life of the community’ includes when the proposed pro-
cession may result in any of the following:

Answer 14

*A signifcant delay to the delivery of a time sensitive
product to consumers of that product; or

*A prolonged disruption of access to any essential goods
or services including:
*The supply of money, food, water, energy or fuel;
*A system of communication;
*A place of worship
*A transport facility;
*An educational institution; or
*A service relating to health.

Question 15

Banning a Public Procession

Answer 15

If the chief constable feels that, due to the circumstances in a particular area, no conditions can be imposed on the procession to prevent serious disorder, the chief constable can apply to ban all or a specifed class of processions for up to a maximum of** three months.**

Question 16

PUBLIC ASSEMBLIES

Answer 16

Public assemblies are subject to regulation similar to that
for public processions. A public assembly is defned as an assembly of two or more persons in a public place which is wholly or partially in the open air.

Question 17

Then the senior police ofcer can give directions to the person organising or anyone taking part in the assembly as
necessary to prevent disorder, damage, disruption, or intimidation in the following situations

Answer 17

1. Being held or intended to be held, may result in** serious public disorder, serious damage** to property, or** serious disruption** to the life of the community.
2. For public assemblies in England and Wales, the defnition of ‘serious
   disruption to the life of the community’ is the same as it applies to public processions; or*Was organised with the intention to intimidate others with
   a view to compelling them not to do an act they have aright to do, or to do an act that they have a right not to do;

Question 18

Additional Noise-Related Conditions
Public Assembly

Answer 18

1. In a similar manner to processions, assemblies can be subject to additional noise-related conditions.
2. If the senior police officer reasonably believes that the noise generated by persons taking part in the assembly may result in ‘serious disrup-tion to the activities of an organisation’ or have a ‘signifcant impact’ on persons within the vicinity of the assembly, then they can impose directions necessary to prevent that disruption of signifcant impact.
3. The defnitions of the terms ‘serious disruption to the activities of an organisation’ and ‘signifcant impact’ are the same as it applies to public processions.

Question 19

Trespassory Assemblies
Trespassory assemblies are defned as assemblies:

Answer 19

*Involving 20 or more persons
*On land to which the public have no, or only limited rights of, access;
*Which are likely to be held without the permission of the occupier of the land, or exceed any permission granted or any right of public access; and
*May result in either serious disruption to the life of the community, or cause signifcant damage to land, buildings, or monuments of historical, architectural, or scientific importance.

Question 20

consequence of Trespassory Assemblies

Answer 20

1. If the chief constable of the local police force believes that such an assembly is likely to be held, then they can apply to the local council to ban all such trespassory assemblies.
2. In the City of London and Greater London, an application has to be made to the Home Secretary.
3. The effect of this law is signifcant. Not only does it cover sites such as Stonehenge, but it covers assemblies that obstruct traffic on the public highway. This is because an individual’s rights on the highway extend only to pass and repass along the highway or make other reasonable use of it.

Question 21

Stopping Attendance at Trespassory Assembl

Answer 21

The police have the power to stop anyone they reasonably believe to be on their way to a trespassory assembly which has been banned and direct them not to attend the assem-bly. A failure to comply with the order of the police ofcer is an ofence.

Question 22

Banning a public procession

Answer 22

If the chief constable feels that due to the circumstances in the case, no condition can be imposed on the procession to prevent seriouuc disorder, the chief constable can apply to ban all or a specific class of processions for maximum 3 months.
1. in England(outside london) and Wales, the application should be made to the local council
2. in the City of London and Greater London, the pplication should be made to the Home Secretary.