Public order law

Question 1

What is the notice requirement for processions?

Answer 1

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

Question 2

What are the listed purposes of a procession?

Answer 2

• to demonstrate support/opposition to the view/actions of a person or body
• to publicise a cause
• to mark/commemorate an event

Question 3

When is a notice of a procession NOT required?

Answer 3

• funeral procession
• commonly held procession
• it’s not reasonably practicable to give notice

Question 4

What are the 2 offences arising from the notice requirement for processions?

Answer 4

• organisers didn’t give notice
• procession differs from what the notice specified

Question 5

When can a senior police officer impose conditions on processions?

Answer 5

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

Question 6

When can the chief of police apply for the prohibition of a procession?

Answer 6

If he reasonably believes the powers to impose a condition on the procession is insufficient to prevent the risk of serious public disorder

Question 7

What are the conditions for an order to prohibit a procession?

Answer 7

• 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

Question 8

Is there a rule that permission is needed for a meeting/assembly?

Answer 8

No

Question 9

What is a public assembly?

Answer 9

2/more people in na public place wholly/partly open to air

Question 10

What conditions can a police officer impose on a procession/public assembly?

Answer 10

Any that appears necessary, as long as it’s reasonable and proportionate

Question 11

If a condition is imposed on a procession/public assembly in advance, what criteria must it meet?

Answer 11

• be in writing
• give sufficient reasons for the conditions

Question 12

Is there a power to ban an assembly?

Answer 12

No- but can impose very restrictive conditions on it

Question 13

Maximum punishment for organising/inciting someone to participate in a procession/assembly and not complying with a condition D knew/should’ve known about

Answer 13

51 weeks prison and/or 2,500 fine

Question 14

What is a trespasser assembly?

Answer 14

An assembly at a place/on land to which the public has no right/a limited right of access

Question 15

How large must a trespasser assembly be?

Answer 15

At least 20 people

Question 16

What are the criteria for the chief police officer to ban a trespasser assembly?

Answer 16

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

Question 17

What are the maximum period + radius in which trespasser assemblies can be banned?

Answer 17

Maximum 4 days, and a 5 mile radius

Question 18

What is the maximum punishment for organising/inciting to organise or participate in a trespasser assembly, knowing it’s prohibited?

Answer 18

3 months or max. 2,500 fine

Question 19

Can a person on their way to a trespasser assembly be stopped?

Answer 19

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)

Question 20

What is a “breach of peace”?

Answer 20

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

Question 21

Is breach of peace a criminal offence?

Answer 21

No, but it breaches police powers

Question 22

Which police powers does breach of peace trigger?

Answer 22

• arrest,
• require people to move away,
• disperse gathering,
• enter without a warrant

Question 23

When can police arrest/exercise another power under a breach of peace?

Answer 23

If the breach has occurred, or it’s imminent