HUMAN RIGHTS - PUBLIC ORDER

Question 1

PUBLIC ORDER ACT 1986 - MARCHES/PROCESSIONS

Answer 1

s11 = Police require six days notice of a march - must specify date, route, name of organiser. However, only if it is ‘practical’ to do so - a last minute phone call would suffice. Punishment for failure to notify can be a fine, but it’s rarely enforced, and the march won’t be stopped.

s12 = Conditions. Police have the power to impose conditions if they think it might result in any of 4 triggers -
- Serious public disorder
- Serious damage to property
- Serious disruption to community life
- A belief in the presence of intimidation or coercion
Reid - the triggers should be interpreted strictly. Shouting and raising their arms may cause discomfort, not intimidation

s13 = Banning order. A blanket ban can be imposed by the Home Secretary’s consent if it’s thought a march could cause serious public disorder. This can last up to 3 months in a specific area, and includes peaceful protests. Protesting in knowledge of a banning order is an arrestable offence.

Question 2

PUBLIC ORDER ACT 1986 - MARCHES/PROCESSIONS KEYWORDS

Answer 2

s11 = 6 days notice
s12 = Four triggers - public disorder, damage to property, disruption to community life, intimidation or coersion
s13 = Banning order, up to 3 months

Question 3

PUBLIC ORDER ACT 1986 - MEETINGS/ASSEMBLIES

Answer 3

s16 = Definition. An assembly of two or more persons in a public place in either partial or total open air.

s14 = Conditions. Uses the same 4 triggers as s12 (Public disorder, damage to property, disruption to community life, intimidation or coercion). Conditions include the place it is held, duration, maximum number of people.

Unsuccessful use of s14 in DPP v Baillie - but I literally can’t find this case online and don’t understand it, its p187 of the illuminate textbook go ham

Question 4

PUBLIC ORDER ACT 1986 - MEETINGS/ASSEMBLIES

Answer 4

s14 = Same triggers as s12. Conditions are held, duration, maximum people
s16 = Definition - 2 or more people in a public place

Question 5

PUBLIC ORDER ACT 1986 - PUBLIC ORDER OFFENCES

Answer 5

s1 = Riot. 12 or more people threatening or using unlawful violence. Person of reasonable firmness would fear for their safety. Common purpose
s2 = Violent disorder. 3 or more people, and no need for a common purpose. Otherwise, same as Riot
s3 = Affray. No minimum number, using or threatening unlawful violence. Person of reasonable firmness would fear for their safety
s4 = Fear or provocation of violence. R v Horseferry, immediate threat required. Threatening, abusive words or behaviour towards another
s5 = Abusive behaviour, can include towards police in DPP v Orum

Question 6

PUBLIC ORDER ACT - INCITEMENT TO RACIAL HATRED

Answer 6

s17 = Hatred against any group of persons defined by reference to colour, race, nationality or ethnic or national origins
s18-23 = Publication offences
18 = Speeches
19 = Written material
20 = Plays
21 = Films, videos, records
22 = Broadcasting and cable
23 = Possession of racist material