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PUBLIC ORDER LAW 2

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

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PUBLIC ORDER LAW 2

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  1. 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.

  2. 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)

  3. 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.

  4. 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?

  5. 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?

  6. 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

  7. 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?

  8. 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.’

  9. 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.

  10. 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?

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