Public Order Flashcards
What must be considered whenever the police exercise public order powers?
They must comply with their obligation, as a public authority, under Section 6 HRA
When must written notice be given of any proposal to hold a public procession?
if it is for the following:
- to demonstrate support for or opposition to views or actions of any person / body of persons
- to publicise a cause or a campaign
- to mark or commemorate an event
UNLESS - not reasonably practicable to give any advance notice of the procession
How much notice must organisers of public processions give?
6 clear days of date, time and route
What kind of processions are exempt from the requirement to give advance notice?
Where procession is commonly / customarily held
Funeral procession
When can the police impose conditions on a public procession?
If a senior police officer reasonably believes that it may cause:
- it may result in serious public disorder
- serious damage to property
- serious disruption to the life of the community
- organised in order to intimidate others with a view to compelling them not to do an act they have a right to do
What reasons for the police imposing conditions on a procession only applies in England and Wales?
Noise generated by persons taking part may result in serious disruption to the activities of an organisation carried on in the vicinity of the procession
What requirement is there for any condition imposed in advance of a procession?
Must be in writing
Senior police officer must provide sufficient reasons to organisers for the need to impose conditions upon it
What defence is available to someone who organises / participates in a public procession, but fails to comply with a condition enforced?
Failure to comply arose from circumstances outside your control
When can a chief police officer apply for a prohibition order regarding a particular procession?
if they reasonably believe that because of particular circumstances, powers under section 12 will not be sufficient - resulting in serious disorder
What restrictions are there on orders prohibiting processions?
Cannot exceed 3 months
Local authority will need to obtain the consent of the Home Secretary
In London, who can make an order prohibiting processions?
The Commissioner of Police for the Metropolis - if they reasonably believe that orders under s12 will not be sufficient to address concerns over serious public disorder
How can prohibition orders be challenged?
Judicial review
What is a public assembly?
A meeting comprising two or more persons in a public place that is wholly or partly open to the air
What are two key differences between the rules on public assemblies versus public processions?
Purpose of an assembly is irrelevant
No obligation to give advance notice of a public assembly to the police
When can conditions be imposed on public assemblies?
Senior police officer reasonably believes that:
- May result in serious public disorder, damage to property, or serious disruption to the life of the community
- Purpose if the intimidation of others with a view to compelling them not to do an act they have a right to do / to do an act they have a right not to do
Does the chief police officer have to give reasons for imposing conditions under S14?
if imposed in advance, some conditions must be given
Extensive detail is not required - but reasons must be sufficient so that you can understand why such an order might be made
What is a trespassory assembly?
Must consist of 20 or more persons
Be held at a place or on land to which the public has no right of access or only a limited right of access - e.g. does not apply to common land
When can the chief police officer apply for a prohibition order?
If they reasonably believe a trespassory assembly is intended to be held and that the assembly:
- is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his right of access
-will result in serious disruption to the life of the community
- or significant damage to the land, building or monument
What common law powers do the police have to maintain public order?
Common law breach of the peace
How is breach of the peace defined?
Whenever harm is actually done, or likely to be done to a person or in his presence to his property or person is in fear of being so harmed through an assault, affray, riot, unlawful assembly, or other disturbance
What powers does breach of the peace generate?
Arrest
Detention
Having a person ‘bound over’ to maintain good behaviour and keep the peace
Entering a meeting to prevent an anticipated breach of the peace, and asking participants to disperse
What feature must exist before any preventive action is permissible at common law?
A reasonable apprehension of an imminent breach of the peace
If this exists - preventative action taken must be proportionate
