Public Order law Flashcards
What does the Public Order Act give the police in respect of public order?
Specific powers to deal with potential disruption to society and threats of violence.
What is a public procession?
A procession (people moving in an orderly way) in a public place.
What is required for a public procession? (2)
A person organising the procession must give at least six clear days’ notice.
The procession must be to publicise a cause/campaign, mark an event or demonstrate support/opposition for a person or body.
What is an exception to the requirement to give notice for a procession?
When it is not reasonably practicable to give notice.
Such as an impromptu reaction to some news such as a sudden announcement of a factory closure/unexpected military action.
If an event occurs regularly, does notice need to be given?
Not as long as it is considered common or customary.
When can an organiser of a procession be found guilty of an offence?
Where they do not give the required notice.
Where the procession differs from what the notice specified.
What defence could an organiser have where they have not given the required notice?
Where they did not know or have a reason to suspect that the requirements to provide notice have not been complied with.
What defence could an organiser have where the procession differs from what the notice specified?
If the departure from the notice arose from circumstances beyond the organiser’s control
What powers do the police have in respect of public processions?
The chief officer of police may impose conditions which take into account any relevant disruption and the cumulative impact of concurrent processions in the same area.
What is a public assembly?
An assembly of two or more persons in a public place which is wholly or partly open to the air.
When can an officer give directions in respect of a public assembly?
If a senior officer of the police reasonably believes that the assembly may result in serious public disorder, serious damage to property or serious disruption to the life of the community.
OR
The purpose of the organisers is to intimidate others.
What is the difference between public processions and public assemblies?
Public procession → highway or where the public have access, where as public assembly → where the public have access to open air.
Public procession → police can impose a three-month ban in the district.
Public assembly → police have no power to ban.
What is a breach of the peace?
Involves violence or a threat of violence and includes provoking others to violence.
What are the two aspects to the modern definition of breach of the peace?
- An act done or threatened to be done which actually harms a person, their property or is likely to cause such harm to put someone in fear of such harm being done.
- Conduct that has the natural consequence of provoking others to violence.
What can the police do to prevent a breach of peace?
Anything that is reasonable and proportionate, provided the police honestly and reasonably formed the opinion that there was a real risk of a breach of police.
What is a trespassory assembly?
Consists of 20+ people
It is wholly in the open air
The public has no right of access to the land in question.
What can the chief of police apply for where a trespassory assembly may occur?
The chief of police may apply to the local authority for the prohibition of all trespassory assemblies in a given area if:
- they reasonably believe it is intended to hold a trespassory assembly without permission of the occupier; AND
- it may result in significant damage to land which is of scientific importance.
The Home Secretary must also consent. Applications are made directly to the Home Secretary within London.
Do the police have the power to ban a static demonstration in advance?
No, unlike public processions.
What can the police do with a one-person protest?
They can impose conditions where the protestor generates noise that results in serious disruption to activities of an organisation which are carried on in the vicinity of the protest.
