PUBLIC ORDER OFFENCES

• Article 10 - freedom of speech
• Article 11 - 'everyone has the right to hold peaceful assembly' - covers the right to demonstrate and hold public meetings

• Hubbard v Pitt 1976
• Lord Denning - 'as long as it is peaceful and done in good order'

• Beatty v Gilbanks 1882 - warned not to march

• It provided a framework of controls for processions/marches and assemblies;
• It created a range of offences to deal with disorderly conduct.

• The Criminal Justice and Public Order Act 1994 (CJPOA 1994)

• No attempt to define a procession in the 1986 POA.

• A procession is summerised in the case of Flockhard v Robinson 1950 by Lord Goddar.

• He stated that "a procession is not a mere body of persons: it is a body of persons moving along a route".

• Public processions

• Defined in s.16 as processions in a "public place".

• Public place is defined in s.16 as "a) any highway and b) any place to which the public has access, on payment, or otherwise, as a right of virtue of express or implied permission".

• Under s.11 the police must be given 6 days notice of a procession which is intended to: show support; publicise; commemorate an event/campaign.

• The notice must be given by hand / post.

• The notice must be recieved under s.11(5).

• The date of the procession;
• The start time;
• The proposed route;
• The name and the address of at least one of the organisers.

• If it not possible to give such notice.

• Under s.11(6) - regards spontaneous demonstrations - notice must be given as soon as it is "reasonably practiable" to do so.

• If there is failure to give notice

• If the date, start time or route differs from that specified in the notice.

• Fine

• Ban on march

s.12 POA 1986

• The police ( usually senior police officers ).

• They can impose conditions if they think it might result in any of the four triggers

• Serious public disorder;

• Serious damage to property;

• Serious disruption to the life of the community or; 

• The belief in the presence of intimidation or coercion.

• R v Reed 1986 - four triggers should be interpretated strictly and the words not diluted.

• Newspapers v Sogoat 1982 - abuse and shouting did not amount to a threat of violence.

• Conditions can be given in advance by the Chief Constable, or on the day by the Senior Police Officer s.12(2)(a).

•  S.12(1) states that the officer may impose such conditions "as appear to him necessary" - doesn't need to be based on reasonable grounds.

• Not a specific list of conditions - but it may include: specific route to be followed; the procession may not be able to enter a specific place.

• Unlikely to find the police decisioms unlawful.

• Kent v Metropolitan Police 1981 - a challenge would only succeed if it were held to be unreasonable - no trigger existed.

• The condition imposed must corrospond with a legitimate aim and must be legitimate and proportionate - in order not to breach Article 10 & 11.

• Refusals to comply with a condition is an offence - organisers s.12(4) & participants s.12(5).

• S.13

• The chief officer of police.

• That because of particular circumstances existing in the area, the power to impose conditions under s.12 will not be sufficient to prevent serious public disorder.

• Up to 3 months.

• They commit an offence under s.13.10.

• Under **.110&111 Serious Organised Crime and Police Act 2005 the police have very wide powers of arrest.

• The imposition of conditions might be disproportionate to the legitimate aim - due to the change in numbers (20-2).

• It has created potential for power fimpose conditions to be used in a way which violates Article 10 & 11 - therefore s.6 HRA 1998

• No

• s.14 POA 1986

• The same four triggers in s.12 have to be satisfied;

• The power to impose conditions in advance under s.14 allows the police to impose conditions at the time of the assembly;

• Conditions are much narrower than that for processions and include the place it is held, its duration and the maximum number of people.

• DPP v Baillie 1995.

• The Extintion Rebellion Autumn Uprising case.

• A legitimate aim that is necessary and proportionate.

• R v CC Greater Manchester - Court refused application for appeal.

• no breach.

• S.12 (processions) - Any conditions which appear necessary may be imposed as long as it is reasonable and proportionate.

• S.14 (assemblies) - Conditions may only relate to location, duration, and number of persons present.

• If you knowingly fail to comply with a condition, under s.14 - punishable by a fine.

• These conditions are contined in **.14A-C of the POA.

• It gives powers to the local authority.

• To prohibit the holding of all assemblies - of 20 or more people on a land in open air that the public has no or limited right of access;

• For a specific period of time - no more than 4 days;

• Cannot exceed an area represented by a circle within a radius of 5 miles from a specified centre.

• The assembly must be held without the permission of the occupier / likely to be conducted in a way which exceeds the occupier's permission.

• S.14A(1)(b)

• May result in serious disruption of the life of the community;

• Where the land, or a building or monument on it, is of historical or scientific importance.

• S.14B

• DPP v Jones 1998 - interpretating s.14A

• Assemblies of 'travellers' s.6

• They have the power to require tresspassers to leave if:

• Damaged the land; used threatening or insulting behaviour to the occupier; brought at least 6 vehicles on the land.

• S.63

• They have the power to break up open air gatherings of 100 or more people at which load music is likely to cause serious distress to neighbours.

• S.68

• main targets are hunt saboteurs - covers any trespasser who disrupts a lawful activity taking place on land.

• S.69 - police can direct trepassers who they reasonably believe to have committed, or are about to commit, an offence under s.6.8 to leave the land.