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 What can trigger the imposing of conditions? S.14(1) POA 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 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 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 What can trigger the imposing of conditions? S.12(1) POA 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?