Public order law Flashcards
What is the notice requirement for processions?
Anyone organising a public procession for a listed purpose must give the police at least 6 clear days notice of the date, time and route
What are the listed purposes of a procession?
- to demonstrate support/opposition to the view/actions of a person or body
- to publicise a cause
- to mark/commemorate an event
When is a notice of a procession NOT required?
- funeral procession
- commonly held procession
- it’s not reasonably practicable to give notice
What are the 2 offences arising from the notice requirement for processions?
- organisers didn’t give notice
- procession differs from what the notice specified
When can a senior police officer impose conditions on processions?
When he reasonably believes:
- march will result in serious public disorder/damage to property/disruption to life of community,
- purpose of organisers is to intimidate others into compelling them into something, or
- the noise may cause significant impact on those in the vicinity, or serious disruption to the activities of an organisation
When can the chief of police apply for the prohibition of a procession?
If he reasonably believes the powers to impose a condition on the procession is insufficient to prevent the risk of serious public disorder
What are the conditions for an order to prohibit a procession?
- it must be for max. 3 months
- it bans all processions of a certain class (can’t ban a specific one)
- it’s in writing
Is there a rule that permission is needed for a meeting/assembly?
No
What is a public assembly?
2/more people in na public place wholly/partly open to air
What conditions can a police officer impose on a procession/public assembly?
Any that appears necessary, as long as it’s reasonable and proportionate
If a condition is imposed on a procession/public assembly in advance, what criteria must it meet?
- be in writing
- give sufficient reasons for the conditions
Is there a power to ban an assembly?
No- but can impose very restrictive conditions on it
Maximum punishment for organising/inciting someone to participate in a procession/assembly and not complying with a condition D knew/should’ve known about
51 weeks prison and/or 2,500 fine
What is a trespasser assembly?
An assembly at a place/on land to which the public has no right/a limited right of access
How large must a trespasser assembly be?
At least 20 people
What are the criteria for the chief police officer to ban a trespasser assembly?
He reasonably believes it’s intended to hold a trespasser assembly:
- without the permission of the occupier/outside the permission, and
- it may result in serious disruption to the life of the community/significant damage to a building/monument/land with historical/scientific/architectural significance
What are the maximum period + radius in which trespasser assemblies can be banned?
Maximum 4 days, and a 5 mile radius
What is the maximum punishment for organising/inciting to organise or participate in a trespasser assembly, knowing it’s prohibited?
3 months or max. 2,500 fine
Can a person on their way to a trespasser assembly be stopped?
Yes, by a constable in uniform believing the person is on his way to a trespasser assembly- can direct him not to proceed there (offence to ignore this)
What is a “breach of peace”?
When harm is actually or likely to be done to a person, or in his persence to his property, or a person is in fear of being so harmed through assault/affray/unlawful assembly/other disturbance
Is breach of peace a criminal offence?
No, but it breaches police powers
Which police powers does breach of peace trigger?
- arrest,
- require people to move away,
- disperse gathering,
- enter without a warrant
When can police arrest/exercise another power under a breach of peace?
If the breach has occurred, or it’s imminent
How can a procession/trespassory assembly be prohibited/banned (outside London)?
The police apply to the LA, who can make the order with the Home Secretary’s consent
How can a procession/trespassory assembly be prohibited/banned (in London)?
The Commissioner of Police makes the order, with the Home Secretary’s consent
