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Con & Ad > Public Order Law > Flashcards

Public Order Law Flashcards

1
Q

What are the advance notice requirements for processions under s 11 POA?

A

Where for a purpose set out within s 11(1) (a) - (c), must give police at least 6 clear days’ notice of date, time and route

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2
Q

What are the purposes under s 11(1)(a)-(c)?

A

(a) Support for or opposition to views or actions of a person or body of persons

(b) Publicise a cause or campaign

(c) Mark or commemorate an event

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3
Q

Where must notice of a procession be delivered?

A

The police station in police area where procession will start

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4
Q

What types of processions are exempt from the notification requirements?

A

Funeral processions

Commonly held processions

NOTE this means they are exempt from prosecution for failing to provide notice

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5
Q

When is notice not required?

A

If not reasonably practicable to give advance notice - e.g. short notice of visiting official

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6
Q

What are the possible offences under s 11(7)(a) and (b) for organises of a procession?

A

s 11(7)(a) guilty of offence if do not give notice

s 11(7)(b) guilty of offence if procession differs from that specified in notice

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7
Q

What is the maximum fine that can be imposed on organisers of a procession for offences under s 11(7)(a) or (b)?

A

Level 3 on standard scale - £1,000

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8
Q

What defences are available for organisers of a procession regarding failure to give advance notice / procession differing from that specified in notice?

A

 Organisers unaware that no notice given
 Departure from details given in notice beyond organiser’s control, or was done with agreement with police
 Burden of proof on defendant on balance of probabilities

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9
Q

What is the purpose of s 12 POA?

A

Allows conditions to be imposed on processions

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10
Q

When can conditions be imposed by a senior police officer?

A

If they believe march will result in:
- Serious public disorder
- Serious damage to property
- Serious disruption to life of community
- Purpose is intimidation of others with view to make them do / not do something

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11
Q

What conditions can be imposed on a public assembly?

A

Those which appear to the
senior officer as necessary to prevent such disorder, damage, disruption or intimidation

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12
Q

What rank police officer is able to impose conditions at time of procession?

A

Most senior officer present

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13
Q

What rank officer is able to impose conditions in advance?

A

Chief Constable of relevant police force/ Commissioner of Police for London

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14
Q

What format must conditions imposed during protest be in?

A

Can be verbal or writing

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15
Q

What format must conditions imposed in advance of a protest be in?

A

Must be in writing

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16
Q

What is the offence under s 12(4) and what are the sanctions?

A

Organising a procession and knowingly failing to comply with a condition imposed

Imprisonment, fine or both

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17
Q

What is the offence under s 12(5) and what are the sanctions?

A

Taking part in a public procession and knowingly failing to comply with a condition imposed

Fine

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18
Q

What is the offence under s 12(6) and what are the sanctions?

A

Inciting a participant to commit an offence

Imprisonment or fine

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19
Q

What defences are available to any of the offences under ss 12(4)-(6)?

A

Failure to comply was beyond their control

Condition was invalid

20
Q

What is the purpose of s 13 POA?

A

Provides power to prohibit processions

21
Q

How can processions be banned under s 13?

A

Chief of Police must apply to Local Authority, and Home Secretary must consent

22
Q

What can be banned under s 13?

A

A particular class of processions, for a period not exceeding 3 months

23
Q

What are the conditions under which the Chief Constable can apply to the LA to ban all marches, or a class of marches?

A

The Chief Constable reasonably believes that their powers to impose conditions are insufficient to prevent a risk of serious public disorder

24
Q

What format must the order for the prohibition of processions of a certain class be in?

A

Writing as per s 13(5)

25
Q

What is the offence under s 13(7) and what are the sanctions?

A

Organising a procession knowing that it is prohibited

Imprisonment, fine or both

26
Q

What is the offence under s 13(8) and what are the sanctions?

A

Taking part in a procession knowing that it is prohibited

Fine

27
Q

What is the offence under s 13(9) and what are the sanctions?

A

Inciting a participant to take part in a procession that is prohibited

Imprisonment or fine

28
Q

What is the general rule regarding police’s power relating to meetings?

A

No power to ban
Power to impose conditions

29
Q

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

A

Reasonably believe that the public assembly may result in:
o Serious public disorder
o Serious damage to property
o Disruption to the life of the community, or
o Purpose is the intimidation of others

30
Q

What is the advance notice requirements for a meeting?

A

No requirements

31
Q

What conditions can be imposed on meetings?

A

Conditions of place, maximum duration, maximum number of persons

32
Q

What is the offence under s 14(4) and what are the sanctions?

A

Organising a public assembly and knowingly failing to comply with a condition imposed

33
Q

What is the offence under s 14(5) and what are the sanctions?

A

Taking part in a public assembly and knowingly failing to comply with a condition imposed

34
Q

What is the offence under s 14(6) and what are the sanctions?

A

Inciting a participant in a public assembly to commit an offence

35
Q

What defence is available to offences under ss 14(4)-(6)?

A

Failure to comply was due to circumstances beyond their control

36
Q

What are trespassory assemblies under s 14A?

A

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

37
Q

How many people constitute an assembly?

A

20 or more

38
Q

What constitutes land under s 14A?

A

Open air

39
Q

Who is able to ban trespassory meetings?

A

Local Authority with permission of Secretary of State

40
Q

In what circumstances can the Chief Officer of Police apply to the local authority to prohibit an assembly under s 14A?

A

Reasonably believes:
o Intended to hold a trespassory assembly,
o Without the permission of the occupier / outside the terms of permission of right of access
o May result in serious disruption to the community or significant damage to land, building or monument

41
Q

What prohibitory conditions can be imposed via order on a trespassory assembly?

A

o Lasting no more than 4 days
o 5 mile radius from specified centre
o Home Secretary’s consent required

42
Q

What are the possible offences in connection with trespassory assemblies?

A

Organising a public assembly and knowing it is prohibited (imprisonment, fine or both)

Taking part in a public assembly knowing its prohibited (fine)

Incitement to organise or participate if person knows its prohibited (imprisonment or fine)

43
Q

What is the common law public order offence?

A

Breach of the peace

44
Q

What is the criteria for breach of the peace?

A

Harm is done or is likely to be done to a person or in their presence to their property

Or a person is in fear of being so harmed through a disturbance

45
Q

Is breach of the peace a criminal offence?

A

No

46
Q

What powers do the police have to prevent breach of peace?

A

Power of arrest
Move people away
Power of entry without a warrant

47
Q
A

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