Public Order Law: Processions Flashcards
(11 cards)
Under s.11 of the Public Order Act 1986, what must an organiser do before holding a public procession?
A. Notify the police in writing with date, time, route, and organiser details at least 6 clear days in advance
B. Obtain a public liability certificate
C. Submit a petition to the local council
D. File an application with the High Court
A. Notify the police in writing with date, time, route, and organiser details at least 6 clear days in advance
Explanation: s.11 requires advance written notice to the police unless the procession is spontaneous. It must include the date, time, route, and organiser’s details.
What condition must be satisfied for police to impose restrictions under s.12 POA 1986?
A. Over 100 people must be involved
B. The officer reasonably believes the procession may cause serious disorder or disruption
C. The protest involves criticism of public officials
D. The route interferes with a royal event
B. The officer reasonably believes the procession may cause serious disorder or disruption
Explanation: Under s.12, police may impose conditions if they reasonably believe the event could cause serious disorder, damage, or disruption to the community.
What is required for a s.13 prohibition to become effective?
A. Confirmation by the House of Commons
B. Approval by a majority of MPs
C. Application from police to local council and approval by the Secretary of State
D. Judicial authorisation
C. Application from police to local council and approval by the Secretary of State
Explanation: A s.13 prohibition requires a chief officer of police to apply via the local authority and get approval from the Home Secretary before a full ban takes effect.
A procession causes minimal disruption but breaches the imposed route condition. What is the legal effect?
A. Participating in breach of s.12 conditions is a criminal offence
B. The offence only applies to the organiser
C. There is no legal consequence for minor breaches
D. It becomes a civil issue
A. Participating in breach of s.12 conditions is a criminal offence
Explanation: Anyone who knowingly breaches a condition imposed under s.12 commits an offence, regardless of whether the disruption is minor.
In which case was it ruled that peaceful protest on a public highway is lawful if not obstructive?
A. R v Howell
B. DPP v Jones [1999]
C. R (Laporte) v Chief Constable
D. Austin v Commissioner of Police
B. DPP v Jones [1999]
Explanation: The House of Lords confirmed in DPP v Jones that peaceful protest on the highway is lawful if it does not cause unreasonable obstruction.
What principle was confirmed in R (Laporte) v Chief Constable of Gloucestershire?
A. Police can pre-emptively detain peaceful protesters
B. Courts defer entirely to police decisions on protest
C. Preventive action must be based on an imminent breach of the peace
D. All demonstrations must be licensed in advance
C. Preventive action must be based on an imminent breach of the peace
Explanation: In Laporte, the court held that preventive police action is unlawful unless there is a clear, imminent risk of disorder — not just suspicion
What is one of the police powers under s.12 POA 1986?
A. Imposing mandatory arrest powers
B. Banning public protests
C. Censoring protest signs
D. Placing conditions on route, duration, and number of participants
D. Placing conditions on route, duration, and number of participants
Explanation: Police can impose conditions such as altering the route, limiting participant numbers, or setting time limits — but not banning the procession outright.
What must apply for any restriction on protest under Article 11 ECHR to be lawful?
A. It must be necessary in a democratic society and proportionate
B. It must be authorised by a magistrate
C. It must be non-political
D. It must not involve social media coverage
A. It must be necessary in a democratic society and proportionate
Explanation: Article 11 permits restrictions on assembly if they are prescribed by law, pursue a legitimate aim (e.g., public order), and are proportionate.
What is the consequence of breaching a s.13 prohibition?
A. An automatic ban on future protests by the organiser
B. A civil warning
C. The event is reclassified as a spontaneous protest
D. It is a criminal offence to organise or participate in the procession
D. It is a criminal offence to organise or participate in the procession
Explanation: s.13 creates an offence where a person knowingly organises or takes part in a procession that has been lawfully prohibited.
Which ministerial role is essential in authorising a full ban on a procession under s.13?
A. Minister for Communities
B. Secretary of State for the Home Department
C. First Minister of Wales
D. Lord Chancellor
B. Secretary of State for the Home Department
Explanation: Only the Home Secretary can approve a full prohibition of a procession following a police application via the local council.
What principle ensures police decisions under the Public Order Act are subject to legal scrutiny?
A. Royal prerogative
B. Parliamentary supremacy
C. Parliamentary privilege
D. Rule of law and separation of powers
D. Rule of law and separation of powers
Explanation: The rule of law and separation of powers ensure that public order decisions by police are subject to judicial oversight, often via judicial review.
