Public Law - Public Order

Question 1

Who has the power to ban a protest

Answer 1

The local authority, with the support of the Secretary of State

Question 2

Can the police ban a public assembly in advance?

Answer 2

No, unless it is a trespassory assembly

Question 3

What constitutes a public assembly

Answer 3

Two or more people in a public place that is wholly or partly open to the air

Question 4

When can a senior police officer impose conditions on a protest?

Answer 4

When they reasonably believe the protest will result in serious public disorder, serious damage to property or serious disruption to the life of the community or the purpose of the organisers is to intimidate/compel to do or not to do something

Question 5

What is the definition of breach of the peace (R v Howell (1982))

Answer 5

An act which:
a. Harms a person or (in their presence) their property
b. is likely to cause such harm
c. puts someone in fear of such harm

Question 6

At what point in time can the police make an arrest for a breach of the peace

Answer 6

When they have evidence that the breach of the peace was imminent (Laporte)

Question 7

When must advance notice of a procession be given

Answer 7

Where the route has been prepared in advance.