Public Order Flashcards
(19 cards)
What is the purpose of the Public Order Act 1986 (POA)?
To regulate public processions and assemblies by empowering the police to impose conditions or prohibit events where necessary, while ensuring compliance with Convention rights under the Human Rights Act 1998.
What Convention rights must police respect under s.6 HRA when exercising public order powers?
Articles 10 (freedom of expression), 11 (freedom of assembly), and 5 (liberty) of the ECHR.
What is a “public procession”?
A procession held in a public place for: (a) supporting/opposing views, (b) publicising a cause, or (c) commemorating an event.
What are the requirements for advance notice under s.11 POA?
At least six clear days’ written notice of the procession’s date, time, and route unless not reasonably practicable or if exempt (e.g., customary or funeral processions).
When can conditions be imposed on processions?
If a senior police officer reasonably believes there may be: (a) serious disorder, damage, disruption; (aa-ab) serious noise impact; or (b) intimidating purpose.
What types of conditions may be imposed
Those necessary to prevent disorder, damage, disruption, noise impact, or intimidation. Conditions must be in writing if imposed in advance
What must police demonstrate to impose s.12 or s.14 conditions lawfully?
Reasonable belief in the risk of disorder/disruption and sufficient reasons for conditions
What offence is committed under POA?
Organising or participating in a procession in breach of conditions (unless due to circumstances beyond one’s control). Knowledge of the condition is required.
What sanctions apply for breach of conditions?
Organisers may face up to 51 weeks’ imprisonment and/or a level 4 fine; participants may receive a fine.
When can processions be prohibited?
If the chief police officer believes s.12 powers will not suffice to prevent serious public disorder.
How is a s.13 prohibition order made?
Outside London: police apply to the local authority, which must get Home Secretary’s consent. In London: the Commissioner makes the order directly.
What is a “public assembly”?
A meeting of 2+ people in a public place open to the air.
Do organisers of assemblies have to give notice?
No. Unlike s.11 processions, there is no notice requirement for assemblies.
When can police impose conditions on Public Assembly?
If there is reasonable belief of serious disorder, damage, disruption, noise impact, or intimidation.
What is a “trespassory assembly”?
An assembly of 20+ people on land where the public has no or limited right of access, posing risk of disruption or damage to important land/buildings.
How did Howell (1982) define breach of the peace?
When harm is done or likely to be done to a person/property or someone fears such harm from assault, affray, riot, unlawful assembly, or disturbance.
What powers do police have to prevent breach of the peace?
Entry without a warrant (PACE), dispersal, arrest, and binding over orders. All must be used proportionately
What does a breach of the peace power require?
Any breach of the peace power requires a reasonable apprehension of an imminent breach. Police action must be proportionate.
Is restricting movement in a crowd a deprivation of liberty?
Cordoning protesters was lawful. It was not a deprivation of liberty under article 5 and was proportionate to prevent disorder.
