Public Order Law

Question 1

What is article 10 ECHR?

Answer 1

Freedom of expression.

Question 2

What is article 11 ECHR?

Answer 2

Freedom of assembly and association.

Question 2

When can the state restrict freedom of assembly?

Answer 2

In situations where the restrictions are:

1) prescribed by law; and
2) necessary in a democratic society:
- in the interest of national security or public safety;
- for the prevention of disorder or crime;
- for the protection of health or morals; or
- for the protection of the rights and freedoms of others.

Question 3

What is the basic approach of English law to processions and meetings?

Answer 3

They are deemed lawful unless they amount to crimes or torts.

Question 4

Explain when a protest or march may become unlawful.

Answer 4

they are lawful as long as they keep moving.

However, if the marchers stop an hold an assembly or meeting, the position alters.

Eg meetings on public highway may amount to wilful obstruction of a highway contrariety to S137 Highways Act 1980 (making it an offence for a person without authority or excuse to wilfully obstruct the free passage along the highway).

Question 5

Explain s11(1) of the Public Order Act 1986.

Answer 5

It requires any person organising a public procession for any of the purposes in s11 to give the police at least 6 clear days notice of the date, time and route of the proposed procession.

Question 6

what are the purposes of public procession permitted by s11?

Answer 6

1) demonstration of support or opposition to view or actions of any person or body of persons;

2) to publicise a cause or campaign;

3) to mark or commemorate an event.

Question 7

Give two examples where the 6 days notice rule under s11 does not apply.

Answer 7

Football supporters walking to watch a match; or

School children being led somewhere on a trip.

Question 8

How does s16 define public procession?

Answer 8

A procession in a public place.

Public place is defined as any highway or any other place that the public may lawfully access on payment or otherwise.

Question 9

What does public place include?

Answer 9

Public squares;

Parks;

Beaches;

But also privately owned places (eg football stadiums or theatres).

Question 10

Would the definition of public procession cover a march into a theatre protesting about a play?

Answer 10

Yes.

Question 10

Would it be necessary to give the notice (pursuant to s11) for a remembrance day procession?

Answer 10

No.

Processions with a regular occurrence are outside the remit (as the police should be aware of them) and therefore do not require notice.

Question 11

Explain the reasonably practicable exception to giving optics under s11.

Answer 11

Covers processions where it is not practicable to give notice (eg a sudden factory closure or unexpected military action by the government).

Such events are exempt from s11 notice requirement.

Question 11

Explain the case of Kay v Commissioner of Police.

Answer 11

Mass cycle rides Tok place on last Friday of each monty for 12 years without ant central organisation/ route being pre planned.

Police demanded notice under s11.

Judicial review was brought and HOL held that the cycle rides were customary and therefore exempt from the notice requirement.

Question 12

What are the two offences under s11?

Answer 12

s11(7)(a) - organisers are guilty of this offence if they do not give the required notice.

s11(7)(b) - organisers are guilty of tis offence if processions differ from what the notice specified.

Question 12

Explain the defences to the offences under s11(7).

Answer 12

a) s11(8) - organisers are not guilty if they did not know, or have any reason to suspect, a s11 notice had not been served/ complied with.

b) s11(9) - organisers are not guilty if departure from details in the notice arose from circumstances beyond their control, or from something done with the agreement of the police or by their direction.

Question 13

Explain s12 POA 1986.

Answer 13

Police has powers to impose conditions on public process s, provided a senior police officer reasonably believes that:

1) the march will result in a serious public disorder, serious damage to property or serious disruption to the life of the community; or

2) purpose of the organisers is to intimidate others with a view to compelling them not to do something they have aright to do, or to do something they have a right not to do.

Question 13

Do the offences under s11(7) apply to the participants to the protests?

Answer 13

No.

Only the organisers.

Question 14

Explain s73 of the Police Crime, Sentencing and Courts Act 2022.

Answer 14

Amended s12 of the POA 1986, broadening situation where police ca impose conditions on protests to include where noise may:

1) cause significant impact on those in the vicinity; or

2) serious disruption to the activities of an organisation.

Question 15

Define serious disruption for the purposes of s73 PCSCA 2022.

Answer 15

Where the activities may result in persons connected with the organisation not being reasonably able, for a prolonged period, to carry out their activities within the vicinity of a protest.

Question 16

Explain the aim of the new 2023 regulations.

Answer 16

Allow police to intervene in a wider range of circumstances.

Reduced threshold for serious disruption to a disruption that causes more than minor hinderance to daily activities, in particular to those making a journey.

Also gives police the power to consider imposing conditions:

1) against all relevant disruption that nay result form the assembly, or that ay occur regardless of whether the assembly or procession is held (eg usually in the context of traffic).

2) The cumulative impact of concurrent and repeated processions or assemblies in the same area.

Question 17

What is a senior police officer for the purposes of exercising the powers under s12?

Answer 17

For conditions imposed during the procession, it will be the most senior police officer at the scene.

For conditions imposed in advance, it is the Chief Constable, or MET commissioner if in London.

Question 18

What if the offence under s12(4)?

Answer 18

Organising a public procession and failing to comply with a condition imposed under s12(1), where the person knows or ought to have known the conditions had been imposed.

Max sentence is 51 weeks in prison or a fine not exceeding 2.5k, or both.

Question 18

How must the conditions on a procession be imposed in advance of a procession?

Answer 18

In writing, and they must provide sufficient reason for the decision.

Any conditions imposed must also be propitiate to article 11 ECHR (right to assembly and association).

Question 19

What if the offence under s12(5)?

Answer 19

Taking part in a public procession and failing to comply with a condition imposed (where person knows or ought to have know the condition had been imposed).

Max sentence fine not exceeding 1k.

Question 20

Is there a defence to s12 offences for organisers and protesters?

Answer 20

Yes.

If they can show failure to comply with conditions was due to circumstances beyond their control (eg organiser fell ill, or protester was swept along with the crowd).

Burden of proof is on the defence to prove this.

Another possible defence is to show the conditions were invalid in the circumstances.

Question 21

What is the provision of s13(1) POA 1986?

Answer 21

Chief officer of police can apply for prohibition order in respect of public processions if they reasonably believe (due to local circumstances in that are) s12 powers are not sufficient to prevent serious public disorder.

Question 22

Explain the procedure for making a s13 application in London.

Answer 22

This is covered by s13(4).

Commissioner makes order for the same reasons as those that apply outside London, and Home Secretary must consent.

the order must be in writing.

Question 22

Explain the procedure for making a s13(1) application in areas other than London.

Answer 22

Police chief applies to local authority, which then makes order with the Home Secretary’s consent.

Local authorities have no power to seek ban - it must be activated by the police.

The order must be in writing.

Question 23

How long can a s13(1) or s13(4) order last?

Answer 23

For a period not exceeding 3 months

It may ban all processions, or processions of a particular class (eg political marches).

Question 24

Can the powers under s13 to ban processions apply to an individual procession?

Answer 24

No.

They have to either be for all processions, or all processions of a particular class.

One specific procession cannot be singled out.

Question 25

Summarise the offences under s13 POA 1986.

Answer 25

s13(7) - organising public procession knowing it is prohibited (max sentence 3 months in prison, level 4 fine or both);

s13(8) - taking part in procession mowing it is prohibited under s13 (max sentence is level 3 fine);

s13(9) - inciting participant to take part in public procession which is prohibited (max sentence is 3 months in prison or a level 4 fine).

Question 25

What is the general rule in relation to meetings?

Answer 25

The police o not have power to ban assemblies, but they can ban trespassory assemblies on limited grounds.

Question 26

Explain the conditions that can be imposed on public assemblies (ie meetings).

Answer 26

Senior police officer can impose conditions on any public assembly if they reaonsbly believe it may result in serious public disorder, damage to property, or disruption to the life of the community.

They can also do so if the purpose of the meeting is the intimidation of others.

The extended provisions imposed by the PCSCA 2022 apply to assemblies (ie extended provisions to the home office/police regarding noise and disruption).

Any conditions imposed must be in writing and five adequate reasons, but conditions imposed during an assembly can be verbal.

Question 26

Is there a requirement for advance notice of an assembly?

Answer 26

No.

Question 26

Define public assembly.

Answer 26

Assembly of two or more persons in a public space that is wholly or partly open to the air.

Question 27

What is the effect of s79 PCSCA 2022?

Answer 27

Police have powers to give directions so they can now impose conditions on one-person protests where noise created causes significant impact on those in the vicinity or serious disruption to the activities of an organisation.

Question 28

Explain the provision os s14A POA 1986.

Answer 28

Police have the power to apply for trespassory meetings to be banned.

These meetings are defined as ‘an assembly to be held at a place or on land to which the public has no right of access or only a limited right of access’.

Trespassory meetings however must comprise 20 or more people, applies to land partly in the open air, and only to land which the public either has no right, or limited right, of access.

Question 29

What must the police believe to enact a ban of a trespassory meeting under s14A?

Answer 29

That it is intended to hold a trespassory assembly:

• without the permission of the occupier or outside the terms of any permission or rights of access; and
• which may result in serious disruption to the life of the community or significant damage to the land, building or monument of historical, archaeological or scientific importance.

The ban can only last for four days and the local authority must obtain the Holme secretary’s consent.

Question 29

is breach of the peace a criminal offencE?

Answer 29

No, but police have their power to make arrests where it has occurred or to prevent it from occurring.

For instance the police have the power to attend and disburse a gathering they reasonably believe may result in a breach of the peace.

Question 30

Define breach of the peace.

Answer 30

Whenever harm is actually done, or is likely to be done to a person or in his presence, to his property to a person is in fear of being harmed through an assault, an affray, a riot, unlawful assembly or other disturbance.

Question 31

Can people assemble and protest on private land, with the land owners permission, even if the land is in an area subject to a local authority restriction not to protest within a certain radius of a certain landmark?

Answer 31

Yes provided they act completely within the terms of the permission they obtained.