Public Order Law Flashcards
What does Section 11 of the Public Order Act require?
Section 11 requires organisers of a public procession to give at least six days’ notice to the police, specifying the time, date, and route of the procession.
What is considered a public procession under Section 16?
A public procession is defined as a procession in a public place, which includes highways or places the public can access lawfully.
What exceptions exist for providing notice of a public procession?
Notice is not required for funeral processions or commonly held processions in a given police area, according to Section 11(2).
What happens if organisers fail to provide notice for a procession under Section 11?
They will commit an offence, with potential fines not exceeding £1,000.
Under what circumstances can the police impose conditions on a public procession?
Conditions may be imposed if the police believe the procession could cause serious public disorder, property damage, disruption, or intimidation.
Who is responsible for imposing conditions on a public procession?
The senior police officer, either present at the scene or, if imposed in advance, the chief officer of police.
What must the police consider when imposing conditions on a public procession?
They must consider the impact of Article 11 of the European Convention on Human Rights, ensuring the conditions are proportionate.
What sanctions exist for failing to comply with conditions on a procession under Section 12?
Sanctions can include imprisonment up to three months, a fine not exceeding level four, or both.
What is Section 13 of the Public Order Act about?
Section 13 allows the police to prohibit a public procession if they believe it will cause serious public disorder, with the approval of the local authority and the Home Secretary.
What is the definition of a public assembly under Section 16?
A public assembly consists of two or more people in a public place, either wholly or partly open to the air.
Can the police ban public assemblies?
No, but they can impose conditions or order participants to disperse if they believe the assembly could result in serious public disorder or intimidation.
What must the police do when imposing conditions on a public assembly under Section 14?
The conditions must be given in writing with adequate reasons, and during the assembly, they may be given verbally.
What sanctions exist for failing to comply with conditions on a public assembly?
Possible sanctions include imprisonment, a fine, or incitement to commit an offence.
What is a trespassory assembly under Section 14A?
A trespassory assembly is one held at a place to which the public has no right of access, or only limited access, involving 20 or more persons.
What conditions are required for prohibiting a trespassory assembly?
The chief officer of police must believe it will cause serious disruption or damage and must apply for a prohibition order from the local authority with the Home Secretary’s consent.
