Constitutional

Question 1

How many days notice for a procession - what in notice

Answer 1

6 CLEAR days, date, time and route

Question 2

What are the public order offences for processions and what are the defences under s11

Answer 2

1. Do not give required notice - D = did not know and did not have any reason to suspect hadn’t been complied with;
2. Depart from details on notice - D =arose from circumstances beyond organisers control or from something done with agreement of police.

Burden of proof on defendant to prove on balance of probs

Question 3

What are the reasons to put conditions that can be imposed on processions?

Answer 3

Senior police officer reasonably believes:

1. Result in serious disruption to life of community, serious damage to property or serious public disorder;
2. Purpose is to intimidate others to compel them not to do something they have a right to do or vice Versa

Question 4

Section 12 of POA 1998 updated in a June 2022 to say what

Answer 4

Police can impose conditions to protests where
1. Noise may cause significant impact on those in vicinity; or
2. Serious disruption to the activities of an organisation

Question 5

What conditions can be imposed on prossessions?

Answer 5

1. Prescribing the route;
2. Stopping March going through particular place.

Given by senior police officer at scene? Verbal. Before ? By chief officer of police, chief Constable or commissioner of police in WRITING

Question 6

Public procession offences under s12?

Answer 6

1. Organising and failing to comply wit conditions and knowing or ought to have known - up to 51 weeks in jail or £2,500 fine;
2. Taking part and failing to comply with condition (knows or ought to) 1 fine £1,000;
3. Inciting someone to commit offence above - same punishment as first one

Question 7

When can choice of police can pro session ahead of time?

Answer 7

Reasonably believes conditions won’t be enough to prevent a risk of serious public disorder

Question 8

Order to ban professions, how long for?

Answer 8

Up to 3 months, must be in writing

Question 9

Can police ban assemblies?

Answer 9

No but chief of police on scene can impose conditions I.e limit duration of meeting to 5 mins (must be proportional).

Question 10

What is tresspassory assembly

Answer 10

1. 20 ppl;
2. No right of access or limited right; and
3. Open air (not partly!)

Question 11

When can police ban tresspasory assemblies ?

Answer 11

Chief officer of police believes reasonably intended to hold tresspassory assembly:

1. Without occupiers permission or extends beyond permission;
2. May result in serious disruption to life of community, or serious damage to land, building or monument with historical / arch. Or scientific importance

Question 12

How long can bans be for tresspassory assembly?

Answer 12

4 days, can’t be bigger than 5 Mile radius from centre. Need permission from Home Sec.

Question 13

When is limitation period for JR

Answer 13

Normal - 3 months but no undue delay, procurement = 30 days, planning decisions = 6 weeks

Question 14

Heads of illegality - Jr

Answer 14

Error of fact, error of law, taking account of irrelevant considerations and not taking account of relevant considerations, fettering of discretion and wrongful delegation

Question 15

JR - procedural impropriety grounds

Answer 15

1. Right to fair hearing 2. Natural justice 3. Bias 4. Right to reasons