Public Order Flashcards
(23 cards)
Can processions take place at short notice?
Yes, if as much notice as is reasonably possible is given
To be “public”, where must processions happen?
“in a public place”
What advance notice must be given of a public procession?
organisers of public processions must give a minimum of 6 clear days’ notice of the date, time and route of the procession
What types of processions are excluded from advance notice requirement?
processions commonly or customarily held in the police area or funeral processions
If a condition is imposed in advance of the procession, it must be made in
writing and senior police officer must provide sufficient reasons to the organisers of a procession for the need to impose conditions upon it
Threshold for intimidatory behaviour
intimidatory behaviour must be of a degree intended by the organisers of the procession to compel another person to act against their will
Defence for an organiser if they fail to comply with a condition
a defence for them to prove that the failure arose from circumstances beyond their control
Maximum sanctions under s 12 POA
imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale
Prohibition orders cannot exceed
3 months
What power do the police have to prohibit processions?
Chief police officer can prohibit processions by applying for a prohibition order from the local authority if they “reasonably believe that because of particular circumstances existing in any district or part of a district, the powers under s.12 will not be sufficient to prevent the holding of public processions in that district”
To obtain a prohibition order, the local authority requires the consent of
the Home Sec
How does London differ for prohibition orders?
a prohibition order can be made by the Commissioner of Police for the Metropolis if they reasonably believe that orders under s.12 will not be sufficient to address concerns over serious public disorder in their police area.
What is a procession?
a body of persons moving along a route
How can prohibition orders be challenged?
By applying for JR
a public assembly
a meeting comprising two or more persons in a public place that is ‘wholly or partly open to the air’ (eg Extinction Rebellion)
2 differences applying to public assemblies but NOT public processions
the purpose of the assembly is irrelevant and
there is no obligation to give advance notice of a public assembly to the police
Can a prohibition order be used against a public assembly?
No, the police do not have powers to instigate or make a prohibition order, banning assemblies like they can for processions.
What conditions can the police impose on public assemblies?
short time limitations on a meeting or maximum attendance limits. These powers must be used in a proportionate manner.
intimidatory behaviour must be sufficient to ‘compel’ the target
not to do something
Senior police officer must hold a ‘reasonable belief’ that a public assembly may result in serious public disruption - how is ‘reasonable belief’ judged?
Reasonable belief requires both an honest subjective belief and objective grounds sufficiently capable of inducing that belief in a reasonable person
trespassory assembly
‘20 or more persons…at a place or on land to which the public has no right of access or only a limited right of access’
The chief police officer can apply for a prohibition order from the local authority 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 AND
may result in:
serious disruption to the life of the community OR significant damage to the land, building or monument
DPP v Jones (Margaret) overturned a conviction for a trespassory assembly - why?
It was on the highway by Stonehenge - a public highway is a public place and the demonstration was peaceful and non-obstructive
