Public Order Law Flashcards
Link between Public Order Act 1985 and ECHR/HRA
The ECHR and HRA include the freedom or expression and association, and the POA gives the police the power to limit the right to protest.
Therefore, POA and related laws must be interpreted with regard to these laws.
What is a Breach of the Peace
A breach of the peace occurs:
- When a person is in immediate, genuine fear of harm to themselves or their property in their presence
- When harm has actually been done to a person in their presence
- When immediate harm is likely to be done to a person or property in their presence
What can a police officer do when there is a breach of the peace?
Take reasonably necessary steps to terminate the breach or to prevent a likely one. This can include arrests or forcing entry into someone’s home.
What is a binding over order?
It requires someone arrested for breaching the peace to maintain the peace and keep good behavior for a specified period of time.
When does a march/protest need to give notice to the police?
Notice is required if the procession is:
- Demonstrating support/opposition to the views or actions of any person
- Publicizing a cause or campaign
- To mark or commemorate an event (except those that are customarily held)
Notice Requirements
(1) Notice must be given at least 6 clear days before the proposed date
(2) Be delivered to a police station located in the area
(3) Specify the date, time, route, and the name + address of the person organizing the event
When can conditions be imposed on a march/protest?
The chief constable of the area (or most senior officer present) can impose conditions if they REASONABLY BELIEVE:
- The march will result in serious public disorder or property damage
- The march is to intimidate others into doing/not doing something they are legally allowed to do/not to do
- The noise will cause serious disruption to an organization in the area, or have a significant impact on people in the area
If no conditions can stop this, they can ban it
Is it a criminal offense to breach the peace?
No
Is it a criminal offense to violate the conditions imposed on a march/protest?
Yes, if the person KNEW or OUGHT TO HAVE KNOWN the condition had been imposed.
Defense: Failure to comply with the restrictions was out of their control.
What can the chief constable do if they feel there are no conditions which could be imposed on a march/protest to prevent serious disorder?
They can apply to ban the march for up to 3 months.
This application should be made to the local counsel, or if in the greater London area, the Home Secretary.
Definition of a Public Assembly
An assembly of two or more people in a public place which is wholly or partially in the open air
How can a senior police officer control a public assembly, if necessary?
If the senior police officer REASONABLY BELIEVES that a public assembly may result in serious public disorder, serious property damage, serious disruption to the life of the community, or was organized to intimidate others, they can give directions to the organizer/participants as necessary to prevent such disorder.
BUT the conditions must be proportionate to achieving those ends
What is a trespassory assembly?
Assemblies involving:
(1) 20 or more people
(2) On land to which the public has no/limited access
(3) Without permission from the owner of the land
(4) That may cause serious disruption to the life of the community or significant damage to the land/property
