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PUBLIC ORDER LAW 2 Controls over Assemblies and Processions Note that these controls operate in...
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Transcript of PUBLIC ORDER LAW 2 Controls over Assemblies and Processions Note that these controls operate in...
PUBLIC ORDER LAW 2• Controls over Assemblies and Processions
• Note that these controls operate in addition to the powers to prevent a breach of the peace discussed in Public Order Law 1.
• Controls over Assemblies
• What is a public assembly for the purposes of the Public Order Act 1986 (POA)? – see s.16 – two or more people.
• S.14 allows conditions to be imposed on assemblies.
PUBLIC ORDER LAW 2• Who has the authority to impose conditions? S.14(2)
POA 1986.
• What can trigger the imposing of conditions? S.14(1) POA 1986. Note the need for the effects of the assembly to be ‘serious.’
• Intimidation? – see R v. Jones [1974] ICR 310
• The trigger must be specified – R (Brehony) v. CC Greater Manchester [2005] EWHC 640 (Admin)
PUBLIC ORDER LAW 2• What are the consequences of breaching a condition?
• If the accused is an organiser (Flockhart v. Robinson [1950] 2 KB 498) see s.14(4)
• If the accused is a participant, see s.14(5)
• Note also the offence in s.14(6).
• All these offences must be committed ‘knowingly.’- Brickley & Kitson v. Police [1988] LAG July 21.
PUBLIC ORDER LAW 2
• Trespassory Assembly
• S.14A, 14B and 14C POA 1986 as introduced by the Criminal Justice and Public Order Act 1994.
• Note the power to apply for a ban on such assemblies (s.14A(1)). Note that this requires the involvement of both local and central government (s.14A(2))
• What was the purpose of this section?
PUBLIC ORDER LAW 2
• Offences pertaining to trespassory assembly – see.s.14B POA 1986 and note again the difference in treatment between organisers and participants
• Note also the scope of the police powers contained in s.14C POA and the problems their use might cause.
• DPP v. Jones [1999] 2 All ER 257.
• Is it possible to distil principles from Jones?
PUBLIC ORDER LAW 2
• Controls over Processions
• Note the helpful definition of a public procession in s.16 POA 1986.
• Notice requirements – s.11 POA, note that failure to give the required notice is a criminal offence. – s11.(7)
• What is the purpose of the requirement?
• S.12 allows conditions to be imposed on processions
PUBLIC ORDER LAW 2
• Who has the authority to impose conditions? S.12(2) POA 1986.
• What can trigger the imposing of conditions? S.12(1) POA 1986. Note the need for the effects of the procession to be ‘serious.’
• Note the width of type of condition that may be imposed in contrast to the s.14 power in respect of public assemblies.
• Is the power too wide?
PUBLIC ORDER LAW 2• What are the consequences of breaching a condition?
• If the accused is an organiser (Flockhart v. Robinson [1950] 2 KB 498) see s.12(4)
• If the accused is a participant, see s.12(5)
• Note also the offence in s.12(6).
• All these offences to be committed ‘knowingly.’
PUBLIC ORDER LAW 2
• Banning Processions
• S.13 POA 1986 and note the roles of local and central government in the process.
• Note that any order made under s.13 is susceptible to challenge by judicial review.
• Does this power comply with the ECHR.
PUBLIC ORDER LAW 2
• Conclusion
• Do the powers under the POA offer anything more than was available under common law breach of the peace?
• How real is protection for freedom of expression and freedom of association in the UK?