public order offences

Question 1

what must an organiser of a public procession do?

Answer 1

must give advance notice of the event to the police

Question 2

what are the 3 situations when an organiser of a public procession is required to give written notice of the proposal of the public procession?

Answer 2

a) to demonstrate support for or opposition to the views or actions of any person or body of persons
b) to publicise a cause or campaign, or
c) to mark or commemorate an event

unless it is not reasonably practicable to give any advance notice of the procession

Question 3

what is the minimum days notice that must be given for public procession?

Answer 3

minimum of 6 clear days notice of the date, time and route of procession

Question 4

what are the two processions which are exempt from the advance notice requirement?

Answer 4

when procession is one commonly or customarily held in the police area (or areas) in which it is proposed to be held; or
is a funeral procession

Question 5

when can the police impose conditions on public processions, if the senior police officer reasonably believes that….

Answer 5

a) may result in serious public disorder, serious damage to property or serious disruption to life of the community
b) for noise that it results in serious distruption
c) purpose for organising is to intimidate others with a view to compel them not to do an act they have a right to do or act they do not have right to do

Question 6

if the police impose a condition in advance of a procession - how must they do this?

Answer 6

they must do this in writing

Question 7

what is an offence under the public order act in relation to public processions for a person who organises it?

Answer 7

person organises public process and fails to comply with a condition imposed

Question 8

what is a defence for an organiser of a public procession?

Answer 8

the failure arose from circumstances beyond their control

Question 9

what is an offence for a person who takes part in a public procession under public order act?

Answer 9

person who takes part in a public procession and fails to comply with a condition is guilty of an offence

Question 10

what is a defence for a person who takes part in a public procession?

Answer 10

the failure arose from circumstances beyond their control

Question 11

does a person need to know that they have not complied with a condition in the public procession in order to be guilty of an offence?

Answer 11

kind of, at the time the person fails to comply with condition must have known OR ought to have known that the condition was imposed

Question 12

when can the police prohibit a public procession?

Answer 12

if the public procession will result in serious public disorder

Question 13

if the police want to prohibit a public procession - how do they do this and how long does the order last?

Answer 13

order cannot exceed 3 months
local authority required to obtain consent from Home Secretary

Question 14

who allows/consents to prohibiting a procession in London?

Answer 14

prohibition order can be made by commissioner of the police for the MET if reasonably believe

Question 15

what is a public assembly?

Answer 15

it is a meeting comprising 2 or more persons in a public place that is ‘wholly or partly open to the air’

Question 16

is the purpose of a public assembly relevant?

Answer 16

no it is irrelevant

Question 17

is there an obligation to give advance notice of a public assembly to the police?

Answer 17

no there is no obligation to give advance notice of a public assembly to the police

Question 18

what is the law in relation to public assembly and intimidation?

Answer 18

intimidatory behaviour must be sufficient to ‘compel’ the target not to do something

Question 19

what is trespassory assembly?

Answer 19

consists of 20+ people and be held at a place or on land which the public has no right of access or only a limited right of access

Question 20

a local authority if they reasonably believe a trespassory assembly is intended to be held, and that the assembly:

Answer 20

a) is likely to be held without permission of occupier of land or conduct themselves in a way that exceeds the limits to permission and
b) may result in serious disruption to life of the community, or
c) significant damage to land, building or monument

Question 21

what is breach of the peace?

Answer 21

whenever harm is actually done or likely to be done to a person in his presence to property or person in fear of being harmed through assault, affray, riot, unlawful assembly or other disturbance

Question 22

is breach of the peace a criminal offence?

Answer 22

no but it gives the police powers such as arrest, detention and dispersement