Public Order Offences As Unfair Restriction On A10 + A11 Ao1

Question 1

What articles are public order offences linked to, and why?

Answer 1

Links to A10 and A11. If people come together, constrains on freedom of assembly may constrain freedom of expression.

Question 2

Beatty v Gillbanks

Answer 2

Peaceful and lawful marchers could not be prevented from marching just because another group would oppose them and thus threaten peace. Therefore the authorities had to control the other group

Question 3

Public Order Act 1986

Sections 11,12,13,14

Answer 3

S11-Written notice, 6 days in advance, includes details of procession.

S12-If police officer reasonably believes 4 triggers will be satisfied, conditions can be imposed.

S13-Banning order if police officer reasonably believes S12 not sufficient.

S14-Same as S12 but for assemblies.
14(a)-allows application to prohibit assembly
14(b)-prevent organising/taking part in assembly
14(c)-prevent people going to prohibited assemblies

Question 4

4 Triggers of POA 1986 S12

Answer 4

Public disorder
Damage to property
Disruption to life
Intimidation to others

Question 5

DPP v Baillie

Answer 5

D promoting festivals, handing out flyers. Police issued S14 notice, D did not comply and was convicted.

Court held there was not enough information about the event to determine whether 4 triggers were satisfied.

Question 6

Reid 1987

Answer 6

4 triggers should be interpreted strictly

D waved fingers. Not an ‘intimidation’

Question 7

S1 POA 1986

Answer 7

Riot
12+people
Threatening or using violence. Reasonable firmness test
10years

Question 8

S2 POA 1986

Answer 8

Violent disorder
3+ people
No common purpose
5yrs

Question 9

S3 POA 1986

Answer 9

Affray
No min number
Threatening unlawful violence
Reasonable firmness
3yrs

Question 10

S4 POA 1986

Answer 10

Fear or provocation of violence
Abusive or insulting words or behaviour
Must have intent to provoke

Question 11

S5 POA 1986

Answer 11

Covers harassment, alarm or distress

Must take place in hearing/sight

Question 12

DPP v Fiddler

Answer 12

Offence to shout at people attending abortion clinic and display images-s5 breach

Question 13

DPP v Clarke

Answer 13

Holding pictures of foetuses was held abusive and insulting. S4

Question 14

Norwood v DPP

Answer 14

Racially aggravated BNP poster-necessary to restrict A10

Question 15

S14A-C CJPOA 1994

Answer 15

Ban assemblies for 4 days within 5 mile radius of the specified area

Question 16

S14B CJPOA

Answer 16

Illegal to organise and participate in an assembly which breaches a banning order

Question 17

S61 CJPOA

Answer 17

Police can kick people off land if damage, threats/abusive language, or brought 6 vehicles on land

Question 18

S63 CJPOA 1994

Answer 18

Police can stop raves with loud music

Question 19

S68 CJPOA 1994

Answer 19

Aggravated trespass-hunt saboteurs or any trespasser disrupting lawful activity

Question 20

S69 CJPOA 1994

Answer 20

Police can direct trespassers who they reasonably believe will/have commit an offence off the land

Question 21

S60 CJPOA

Answer 21

If reasonably believe serious violence will occur in area, can authorise S&S for 24 hours

Question 22

S6 POA 1986

Answer 22

Mens rea-intent or awareness that they are abusive/threatening. if not acquitted