Public Order law

Question 1

Source of public order law and the rights conferred by the statute

Answer 1

Public Order Act 1986

Police may limit the right to protest and to arrest persons who violate public order.

Question 2

Meaning of Queen’s Peace

Answer 2

Police have a duty to ensure the queen’s peace, which is breached whenever a person is genuinely put in fear of harm to themselves or to their property in their presence due to a disturbance by another person’s presence

Question 3

Condition that police may arrest an individual on breach of peace

Answer 3

The arrest has to be lawful

and the breach must be imminent

Question 4

Rules on public marches

Answer 4

In certain circumstances, the police must receive notice of the procession.
The police may also place restrictions on the procession where there is a reasonable concern that the procession will cause:
1) serious public disorder
2) damage to property
3) disruption to the community
4) where it is designed to intimidate others

Question 5

Meaning of public assemblies

Answer 5

meeting of two or more persons in a public place open to the air

Question 6

Meaning of trespassory assemblies

Answer 6

1) assemblies of 20 or more persons
2) on land to which the public lacks access
3) assemblies that are held without permission of the occupier of the land
4) assemblies that may cause serious disruption to the community or damage to important land or building