Public Order Law: Assemblies Flashcards
(11 cards)
What is the minimum number of people required for a gathering to be classed as an assembly under s.16 of the Public Order Act 1986?
A. Two people
B. Ten people
C. More than twenty
D. It must be a registered group
A. Two people
Explanation: An assembly is defined in s.16 as a gathering of two or more people in a public place.
Which section of the Public Order Act 1986 allows police to impose conditions on assemblies?
A. Section 11
B. Section 14B
C. Section 13
D. Section 14
D. Section 14
Explanation: Section 14 grants police the power to impose conditions on assemblies where there is a reasonable belief of serious disorder, damage, or disruption.
Which of the following is a valid reason for police to impose conditions on an assembly under s.14?
A. It might cause political embarrassment
B. The organiser failed to post the event online
C. It may result in serious disruption to the community
D. It could create a social media trend
C. It may result in serious disruption to the community
Explanation: Police may act if they reasonably believe the assembly will cause serious disorder, damage, disruption, or intimidation.
What happens if an organiser knowingly breaches a condition imposed on an assembly under s.14?
A. The assembly is automatically banned
B. The organiser commits a criminal offence
C. The assembly is converted into a procession
D. A civil fine is issued
B. The organiser commits a criminal offence
Explanation: Knowingly breaching police conditions under s.14 is an offence under s.14(5)–(6), punishable by imprisonment or a fine.
Under s.14A, when may a local authority prohibit an assembly?
A. When police apply to prohibit a trespassory assembly that risks serious disruption
B. When a nearby business complains
C. When the organiser lacks a permit
D. When the event is political
A. When police apply to prohibit a trespassory assembly that risks serious disruption
Explanation: s.14A allows prohibition of assemblies on land without permission, if there’s a risk of serious disruption or damage.
A peaceful vigil of three people is held outside a government building. Is this an assembly under the Public Order Act 1986?
A. Yes, as it involves two or more people in a public place
B. No, because it is religious in nature
C. No, unless police authorise it
D. Yes, only if it involves banners or slogans
A. Yes, as it involves two or more people in a public place
Explanation: s.16 defines an assembly as two or more people in a public place, regardless of purpose or equipment.
What principle did the court confirm in Austin v Commissioner of Police regarding containment (kettling) at assemblies?
A. Kettling is always unlawful
B. Kettling is acceptable if proportionate and necessary for public safety
C. Kettling breaches Article 10 ECHR
D. Kettling must be reviewed by a judge beforehand
B. Kettling is acceptable if proportionate and necessary for public safety
Explanation: In Austin, the House of Lords held that containment may be lawful if used proportionately and in the public interest.
What human rights safeguard applies when imposing limits on assemblies?
A. Protests can only occur outside business hours
B. Restrictions must be lawful, necessary, and proportionate under Articles 10 and 11 ECHR
C. The police must personally agree with the message
D. All protests must be silent
B. Restrictions must be lawful, necessary, and proportionate under Articles 10 and 11 ECHR
Explanation: Article 11 protects peaceful assembly, but restrictions must meet strict tests of lawfulness and proportionality.
Under s.14B, what is the maximum duration for a ban on a trespassory assembly?
A. 24 hours
B. 2 days
C. 7 days
D. 4 days
D. 4 days
Explanation: A ban under s.14B can last for up to 4 days, and applies to an area of up to 5 miles.
What principle ensures police powers under the Public Order Act respect constitutional limits?
A. Ministerial discretion
B. Parliamentary sovereignty
C. Royal prerogative
D. Rule of law and judicial review
D. Rule of law and judicial review
Explanation: Police discretion is reviewable under the rule of law, especially where it affects constitutional rights like peaceful assembly.
What distinguishes a public assembly from a public procession under the Public Order Act 1986?
A. Assemblies involve only licensed events, whereas processions are spontaneous
B. Assemblies require fewer participants and do not involve movement from place to place
C. Processions occur indoors; assemblies are outdoors only
D. Processions are always banned unless approved by a local authority
B. Assemblies require fewer participants and do not involve movement from place to place
Explanation: A public assembly under s.16 refers to a stationary gathering of two or more people, while a procession involves movement (e.g., marches). This distinction affects notice requirements and police powers.
