Public Order Law

Question 1

When can the European Rights to Freedom and Assembly be Infringed?

Answer 1

• It is prescribed by Law
• It is for a legitimate aim.
• It is necessary and proportionate.

Question 2

What is a Public Procession?

Answer 2

A gathering of the Public in a place accessible to the Public, for such purposes as:

• Publicisiation.
• Demonstration.
• Commemeration.

Customary Processions and Organised Funerals may take place in inaccessible places.

Question 3

What Notice must the Organisers of a Public Procession give?

Answer 3

Six Clear Days’ Notice to the Police of the Event’s date, time, and route.

Failure to comply is an offence.

Question 4

When can the Police impose Conditions on a Public Procession?

Answer 4

If a Senior Officer reasonably believes it may cause:

• Serious public disorder.
• Serious property damage.
• Serious disruption to community life.
• Intimidation with intent to compel behavior changes.

Question 5

What Conditions may the Police stipulate for a Public Procession?

Answer 5

• Restrictions on routes, conduct, timing, or location.
• Outright Prohibition if concern is sufficiently great.

Restrictions must be issued in writing if applied in advance.

Prohibition Orders are valid for up to three months.

Question 6

Do the Police have Unfettered Discretion to impose Conditions?

Answer 6

No. Conditions must be justified, ensuring they are necessary, reasonable, and respecting of the freedom of assembly.

Question 7

What is a Public Assembly?

Answer 7

A gathering of two or more Persons in an open, public space.

This also covers one-person protests.

Question 8

When can the Police impose Conditions on a Public Assembly?

Answer 8

If a Senior Officer reasonably believes it may cause:

• Property damage.
• Serious public disorder.
• Disruption to community life.
• Intimidation with intent to compel behavior changes.

Question 9

What Conditions may the Police stipulate for a Public Assembly?

Answer 9

• Restrictions on routes, conduct, timing, or location.
• Outright Prohibition if concern is sufficiently great.

Restrictions must be issued in writing if applied in advance.

Prohibition Orders are valid for up to three months.

Question 10

When can the Police Prohibit a Temporary Assembly?

Answer 10

• If it is held on Private Land without permission; and
• May result in serious community disruption or significant historical or cultural damage.

Question 11

What is a Breach of the Peace?

Answer 11

• Harm done, or likely to be done;
• To a person, to their property in their presence, or such that apprehension thereof is caused;
• Through an assault, affray, riot, unlawful assembly, or other disturbance.

Question 12

What Powers do the Police have in dealing with a Breach of the Peace?

Answer 12

• Arrest and Detention: Police can detain individuals to prevent imminent harm.
• Bind Over Orders: Courts may order individuals to maintain good behavior.
• Dispersal Orders: Police can disperse gatherings to mitigate potential disturbances.
• Entry without Warrant: Police may enter premises without a warrant to prevent a Breach.

These powers must be exercised in line with the European Rights of Freedom and Assembly.

Question 13

If a Breach of the Peace is merely anticipated, what are the Judicial Safeguards on Preventative Police Conduct?

Answer 13

• Any Police conduct must be necessary and proportionate.
• There must be reasonable cause to anticipate an imminent Breach.

Question 14

In a Breach of the Peace, when may the Police deply Restrictive Measures like Kettling?

Answer 14

• When there are legitimate concerns over violence or national security.
• Such measures must nonetheless be temporary, necessary, and proportionate.