Public Order Law Flashcards
What are the requirements in relation to giving notice of a public procession?
S11(1) - requires any person organising a public procession to give the police at six clear days’ notice of the date, time and route of the proposed procession, where the purpose is to:
- (a) Support for or opposition to views or actions of a person or body of persons
- (b) Publicise a cause or campaign
- (c) Mark or commemorate an event
S16 – a public procession is ‘a procession in a public place’ and a public place is ‘a highway or any other public place that the public may lawfully access’
S11(4) - notice must be delivered to police station in the police area where the procession will start
- No requirement to give notice for funeral processions
- If it is not reasonably practicable to give advance notice of the procession, there is not duty to give notice
What offence can stem from a failure to give notice of a procession? What is a defence to this?
1) If notice is not given as required or if the procession differs from the notice, organisers will be liable of a fine of up to £1000
- March remains legal if notice not given properly
2) A defence may be that:
- The organiser was unaware and had no reason to suspect that no notice had been given
- The departure from details given in the notice was beyond the organiser’s control, or was done in agreement with the police or at their direction
Burden of proof lies with D, to prove defence on balance of probabilities
In what situations may conditions be imposed on a public procession?
Conditions can be imposed on public processions, provided a senior police officer reasonably believes that the march will result in:
1) Serious public disorder
2) Serious damage to property
3) Serious disruptions to life of community
4) Noise generated may result in serious disruption to the activities of an organisation in the procession’s vicinity or may have a significant impact on people in the vicinity of the procession
- Serious disruption = more than minor hindrance to day-to-day activities
- Significant impact = it may result in intimidation or harassment of people present or may cause them alarm/distress
5) Can impose conditions if purpose of organisers is to intimidate others with a view to compelling them not to do something that they have a right to do, or to do something that they have a right not to do
- Intimidation = more than just being a nuisance or causing discomfort
- Intimidation must include an intention to compel
What conditions can be imposed?
Conditions can be any necessary to prevent disorder, damage, disruption, noise or intimidation
- Subject to reasonableness and proportionality
- Conditions must be proportionate with Article 11 ECHR
How must conditions be communicated?
Conditions during the march – can be verbal
Conditions in advance – must be in writing
Who is classed as a ‘senior police officer’ for the purpose of imposing conditions?
For conditions imposed during procession – most senior officer present
For conditions imposed in advance – Chief Constable of relevant police force/Commissioner of Police for London
What offences can arise in relation to conditions on public processions?
1) Organising a procession and failing to comply with a condition, where they knew or ought to have known it was imposed
- Sanction – imprisonment for max 51 weeks or fine at max £2500, or both
2) Taking part in a procession and failing to comply with a condition they knew or ought to have known about
- Sanction – fine not exceeding £1000
3) Inciting a participant to take part in a public procession where they fail to comply with a condition
- Sanction – imprisonment for max 51 weeks or fine of max £2500
What defences are there to the offences in relation to conditions on public processions?
Organisers and participants have a defence if they can show failure to comply was due to circumstances beyond their control
- Burden of proof on D to prove on balance of probabilities
Also, a defence to prove conditions are invalid (not reasonable and disproportionate)
When can the police prohibit a public procession from taking place?
Police can prohibit a public procession if they reasonably believe that their power to impose conditions is insufficient to prevent a risk of serious public disorder
To obtain a prohibition order:
- Chief of police applies to local authority
- LA makes the order with Home Secretary’s consent
Prohibition order can be for any period not exceeding 3 months
No power to ban specific individual processions, but a class of processions can be banned
Order must be made in writing and can be challenged by judicial review – power not used often
What offences can arise in relation to prohibitions on public processions?
1) Organising a procession knowing that it is prohibited
- Sanction – imprisonment of max 3 months or fine of max £2500, or both
2) Taking part in a prohibited procession, knowing it is prohibited
- Sanction – fine up to £1000
3) Inciting a participant to take part in a procession that is prohibited
- Sanction – imprisonment of max 3 months or fine of max £2500
Can the police arrest participants in a public procession?
An arrest during a public procession can only be made if conditions have been imposed and those conditions have been breached.
What are the general rules about holding a meeting/assembly?
No requirement to obtain permission to hold a meeting
- Meeting on private land requires landowner’s permission
No requirement to give advance notice of a public assembly
- Public assembly is an assembly of 2 or more persons in a public place that is wholly or partly open the air
When can the police impose conditions on meetings?
General rule – police have no power to ban assemblies
Conditions can be imposed though, if a senior police officer reasonably believes that the public assembly may result in:
- Serious public disorder
- Serious damage to property
- Serious disruption to the life of the community
- Noise generated may result in serious disruption to an organisation or may have a significant impact on people in the vicinity of the procession
- (i) Significant impact = may result in intimidation or harassment of people present or may cause them alarm/distress
- Conditions may be imposed if the purpose of assembly is intimidation of others
What conditions can the police impose on meetings and when must these be communicated?
Conditions can be any necessary to prevent disorder, damage, disruption, noise or intimidation
- Subject to reasonableness and proportionality
Conditions during the meeting – can be verbal
Conditions in advance – must be in writing
Although there is no power to ban public assemblies, what can the police do instead?
The police may order participants to disperse
What offences can arise in relation to conditions on meetings?
1) Organising an assembly and failing to comply with a condition, where they knew or ought to have known it was imposed
- Sanction – imprisonment for max 51 weeks or fine at max £2500, or both
2) Taking part in a public assembly and failing to comply with a condition they knew or ought to have known about
- Sanction – fine not exceeding £1000
3) Inciting a participant to take part in a public assembly where they fail to comply with a condition
- Sanction – imprisonment of max 51 weeks or fine of max £2500
What defences are there to the offences in relation to conditions on meetings?
Organisers and participants have a defence if they can show failure to comply was due to circumstances beyond their control
- Burden of proof on D to prove on balance of probabilities
Also, a defence to show conditions are invalid (not reasonable and disproportionate)
What is a ‘trespassory assembly?’
There is a power to ban trespassory assemblies under s14(8)
Trespassory assembly = an assembly to be held at a place or on land to which the public has no right of access or only a limited right of access
- Assembly = 20 or more persons
- Land = in the open air
When and how can trespassory assemblies be banned?
Power to prohibit requires the Chief Officer of Police to reasonably believe that:
- There is an intention to hold a trespassory assembly
- Without the permission of the occupier (or exceed limits of their permission)
- May result in serious disruption to the life of the community or significant damage to land, building or monument
Application is made to LA for prohibition order
- Order must not last more than 4 days
- Order must not apply to an area greater than a 5-mile radius from a specified centre
- Home Secretary’s consent is also required
What offences arise specifically in relation to prohibitions on trespassory assemblies?
1) Organising an assembly knowing that it is prohibited
- Sanction – imprisonment of max 3 months or fine of max £2500, or both
2) Taking part in a prohibited assembly, knowing it is prohibited
- Sanction – fine up to £1000
3) Incitement to organise or participate if person knows that it is prohibited
- Sanction – imprisonment of max 3 months or fine of max £2500
Give an overview of breach of the peace
Breach of peace is defined as ‘wherever harm is actually done or likely to be done to a person or in his presence, to his property, or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance.
- Not a criminal offence
Police have powers to prevent the breach
- Power of arrest
- Requiring people to move away
- Power of entry without a warrant
Police must show that their conduct is a proportionate response to the situation, to ensure they don’t violate convention rights
