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?