9. Public Order Law

Question 1

What powers are given to the police under the Public Order Act 1986?

Answer 1

The power to limit the right to protest and the power to arrest people who violate public order

Question 2

In what three circumstances can a breach of the peace occur, and are they objective or subjective?

Answer 2

1. Person genuinely in fear of harm to themselves (or their property in their presence) as a result of a disturbance (subjective as to fear; objective as to disturbance)
2. Harm has actually been done to a person (or their property in their presence)
3. Harm is likely to be done to a person (or their property in their presence)

Question 3

If words are to breach the peace, to what threshold must they rise?

Answer 3

They must make someone believe that they are at imminent risk of an assault. Threats need to be accompanied with the necessary physical conduct.

Question 4

Can a breach of the peace occur in both public and private premises?

Answer 4

Yes, including residential property

Question 5

What steps can a police officer take when there is a breach of the peace?

Answer 5

Any steps which are reasonable to terminate a breach or to prevent a likely one, including arrest and forcing entry on to private premises

Question 6

How close in temporal proximity must a harm likely to be done be?

Answer 6

Imminent

Question 7

Although a breach of the peace is not a criminal offence, what order could a person to subject to and what is the effect of this?

Answer 7

Binding over order, which means they must maintain the peace and keep good behaviour for a specified period of time

Question 8

In what three circumstances must advance notice of a public procession (march) be given to the police?

Answer 8

If the procession is intended to:

1. Demonstrate support for or opposition to the views or actions of any person or persons
2. Publicise a cause or campaign
3. Mark or commemorate an event, unless not reasonably practicable to give notice

Question 9

How far in advance of a qualifying procession must notice be given to the police?

Answer 9

Six clear days, and if not possible, as soon as is practicable

Question 10

What does clear days mean for the purposes of notifying about a procession?

Answer 10

The day notice is given and the day of the procession are not included

Question 11

Where must notice of a procession be delivered?

Answer 11

A police station located in the area where the procession is to take place

Question 12

What four things should the notice specify?

Answer 12

1. Date of procession
2. Time of procession
3. Route of procession
4. Name and address of organiser

Question 13

What processions, even though they may fall under the categories of one for which notice must generally be given, are exempt from the notice requirement?

Answer 13

Processions which are commonly or customarily held, and funeral processions

Question 14

What are the two things, one of which is sufficient, that a chief constable/most senior officer present) must reasonably believe, in order to place conditions on a procession?

Answer 14

1. Procession will result in serious public disorder, serious damage to property, or serious disruption to the community, or
2. The purpose of the procession is to intimidate others with a view to compelling them not to do something they have a right to do, or do something they have a right not to do

Question 15

If this standard is reached, what conditions can be imposed on a procession?

Answer 15

Any condition necessary to prevent the issue which satisfied the standard

Question 16

What is a defence to the general criminal offence of failing to comply with conditions placed on a procession?

Answer 16

That the failure to comply arose from circumstances beyond their control

Question 17

What is required to ban a public procession and what is the maximum period a ban can last?

Answer 17

If, due to the circumstances, chief constable feels that no conditions can be imposed to prevent the issue, the procession can be banned for a maximum of three months

Question 18

In order to ban a procession, who does the chief constable make the application to in (1) City of London and Greater London, and (2) England, outside of London?

Answer 18

1. London: Home Secretary
2. Outside London: Local council

Question 19

What is a public assembly?

Answer 19

An assembly of two or more persons in a public place which wholly or partially in the open air

Question 20

For what reasons can a senior police officer give directions to organisers/participators in a public assembly?

Answer 20

The same as apply to placing conditions of a procession

Question 21

What is required of restrictions/conditions on public assemblies?

Answer 21

They must be proportionate, i.e. necessarily limited to achieving the specified ends

Question 22

What is a trespassory assembly?

Answer 22

Assembly:

• Involving 20 or more persons
• On land which public have no or limited access to
• Which is likely to be held without the permission of or exceed the permission given by the occupier, and
• May result in serious disruption to the community, or cause significant damage to land, buildings, or important monuments

Question 23

Is an assembly on a highway a public assembly?

Answer 23

No, unless it is blocking the highway

Question 24

Is trespassory assembly a criminal offence?

Answer 24

Yes

Question 25

What is the police power regarding a banned trespassory assembly and in what way does this differ to breach of the peace?

Answer 25

Police can stop anyone they reasonably believe to be on their way to a banned trespassory assembly and direct them not to attend.

Different to breach of the peace as there is no requirement of that the harm be imminent.