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 formal-
   ities, 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

Under the common law, police ofcers have a duty to main-
tain 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. This power is in addition to the ofences provided by the Public Order Act 1986 and can be used in
conjunction with those ofences.

Question 3

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

Answer 3

*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;
*When harm has actually been done to a person or to
property in their presence; or
*When harm is likely to be done to a person or to property
in their presence.

Note that mere verbal insults are insufcient 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 ofcer 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

Although a breach of the peace is not a criminal ofence,
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 circum-
stances 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 rea-
sonably practicable to give a notifcation).

Question 10

Notice Requirements for Public Procession

Answer 10

*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. ‘Clear days’ means that the day
that the notice is given and the day of the procession are
excluded, with the efect that the notice needs to be giv-
en at least one week before the date of the procession;

*Be delivered to a police station located in the area in
which the procession will take place; and

*Specify the date, time, route, and the name and address
of the person (or one of the persons) organising the pro-
cession.
The failure to meet these requirements is an ofence and an ofender can be subject to a fne.

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

On receiving a notice, the senior police ofcer (who is either
the chief constable of the area or the most senior police
ofcer 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, seri-
ous 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 rea-
sonably 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 ofcer 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

f the chief constable feels that, due to the circumstances in a particular area, no conditions can be imposed on the pro-
cession to prevent serious disorder, the chief constable can
apply to ban all or a sp**ecifed 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

*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. For public as-
semblies 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 a
right 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

In a similar manner to processions, assemblies can be sub-
ject to additional noise-related conditions. If the senior police ofcer reasonably believes that the noise generated by per-
sons 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 disrup-
tion of signifcant impact. 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, build-
ings, or monuments of historical, architectural, or scientif-
ic importance.

Question 20

consequence of Trespassory Assemblies

Answer 20

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. In
the City of London and Greater London, an application has to be made to the Home Secretary.
The efect of this law is signifcant. Not only does it cover
sites such as Stonehenge, but it covers assemblies that
obstruct trafc on the public highway. This is because an indi-vidual’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.