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Understanding Public Order Laws: Provisions and Restrictions

This article explains and applies the main provisions of the Public Order Act 1986, Criminal Justice and Public Order Act 1994, and other relevant laws. It covers restrictions on protests, breach of peace cases, obstruction of highways, marches/processions, meetings/assemblies, and public order offences.

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Understanding Public Order Laws: Provisions and Restrictions

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  1. Restrictions, including those restrictions permitted by the European Convention on Human RightsPublic Order Offences

  2. Objectives • Explain and apply the main provisions of the Public Order Act 1986 • Explain and apply the main provisions of the Criminal Justice and Public Order Act 1994 • Explain the restrictions to protest in SOCPA 2005 • Explain and apply Breach of the peace with current relevant cases • Explain and apply obstruction of the highway laws and other public order laws where relevant

  3. Public Order Act 1986 Marches/ Processions • Section 11 - Duties of Organiser • Section 12 - Conditions on marches/ processions (4 triggers) • Serious public disorder • Serious damage to property • Serious disruption to the life of the community • Belief in the presence of intimidation or coercion • Reid (1987) • Section13 - Banning Order

  4. Public Order Act 1986 Meetings/ Assemblies • Section 16 - Definition of a meeting/ assembly - an assembly of 2 or more persons in a public place which is wholly or partly in the open air (numbers at meetings as amended by Anti-Social Behaviour Act 2003 - previously 20 or more) • Section 14 – Powers of Police to impose conditions on meetings (same four triggers as for section 12)

  5. Criminal Justice & Public Order Act 1994 • Sections 14A - C – trespassory assemblies CJPOA 1994 • Chief of Police/ Home Secretary/ LA can ban assemblies of 20 or more persons on land in the open air to which the public has no, or only a limited right of access. • The ban may not last for more than 4 days, and not exceed an area represented by a circle with a radius of 5 miles from a specified centre. • DPP v Jones (1999)

  6. Criminal Justice & Public Order Act 1994 • Section 61 - assemblies of ‘travellers’– officers must reasonably believe that trespassers have caused damage to property or have used threatening, abusive or insulting words or behaviour towards the occupier...or that the trespassers have brought 6 or more vehicles on to the land, 63, 68 and 69.

  7. Criminal Justice & Public Order Act 1994 • Section 63– raves - a rave is defined as a gathering on open land of 20 or more people at which amplified music is being played during the night ... (numbers lowered from 100 by Anti- Social Behaviour Act 2003). • Superintendent can order people to leave the land.

  8. Criminal Justice & Public Order Act 1994 • Section 68– aggravated trespass - main targets for this offence were hunt saboteurs however it covers any trespasser who disrupts a lawful activity taking place on land. • Section 69– police can direct trespassers whom they reasonably believe to have committed or about to commit an offence under Section 68 to leave the land.

  9. Public Order Act 1986 Sections 1 – 5 Public Order Offences • Section 1– Riot - 12 or more people threatening or using unlawful violence, they must be acting together for a common purpose. The conduct of the 12 must be such that would cause a person of reasonable firmness present at the scene to fear for his safety.

  10. Public Order Act 1986 Sections 1 – 5 Public Order Offences • Section 2 - Violent Disorder - very similar to riot but only 3 or more people are required, and they do not have to be acting for any common purpose. • Section 3 - Affray- again similar to riot and violent disorder, a person commits affray by using or threatening unlawful violence so that a person of reasonable firmness would fear for his safety. No minimum number of people is required.

  11. Public Order Act 1986 Sections 1 - 5 Public Order Offences • Section 4 - fear or provocation of violence - offence is committed by using threatening, abusive or insulting words or behaviour, towards another person, or by distributing any writing, sign or other visible representation which is threatening, abusive or insulting. There must be an intention to provoke or to cause fear of immediate unlawful violence. • R v Horseferry Road Justices, e p Siadatan (1990).

  12. Public Order Act 1986 Sections 1 - 5 Public Order Offences • Section 5– very similar to section 4 but of a lower level. Covers harassment, alarm or distress and disorderly behaviour . It must take place within the hearing or sight of a person likely to be caused harassment, alarm or distress. • Section 6– mens rea requirement - must be intention or be aware that they are being threatening or abusive, if not then should be acquitted. • DPP v Orum (1988) • DPP v Fiddler (1992) • DPP v Clarke (1992)

  13. Public Order Act 1986 Sections 1 – 5 Public Order Offences • Section 4A– very similar to Section 5, however whereas under Section 5 the harassment, alarm or distress must be likely to result from the person’s behaviour, Section 4A requires that it is actually caused to the person against whom it is directed, or some other person. • Section 4A also requires the behaviour to take place with the intention of causing another harassment, alarm or distress.

  14. Serious Organised Crime & Police Act 2005 • The Serious Organised Crime and Police Act contains a number of measures that have severely restricted the freedom to protest near Parliament and a range of other 'sensitive' sites. • In the 'designated area' around Parliament (protests within 1 km of Parliament): in order to hold a demonstration near Parliament the law says that. 6 days notice must be given to the Metropolitan Commissioner (or 24 hours if 6 days was not 'reasonably practicable'). He must then allow the demonstration but may impose conditions upon it.

  15. Serious Organised Crime and Police Act 2005 • The conditions can be changed without notice on the day by any senior police officer. One of the considerations is 'disruption to the life of the community' - a catch-all category that allows the police to stop almost any protest (processions organised under the Public Order Act 1986 are exempt). Loudspeakers are banned except for use by those in various positions of authority.

  16. Serious Organised Crime and Police Act 2005 The legislation • Sections 128-138 of SOCPA which relate to restrictions on protest at 'designated sites' (military bases and a range of government and royal sites) and in the 'designated area' around Parliament. • Amendment to Section 136 of SOCPA made in the Serious Crime Act 2007 which makes 'intentionally encouraging or assisting an offence' under Sections 132 of SOCPA (protesting without police authorisation in the vicinity of Parliament) liable to imprisonment for up to 51 weeks, to a fine up to £2500 or to both.

  17. Serious Organised Crime and Police Act 2005 • The Serious Organised Crime and Police Act 2005 has received most publicity for it's ban on unauthorised protests within 1 km of Parliament –it is widely accepted to have been devised to end the peace protest of Brian Haw.Brian Haw has maintained a five year protest against the war on Iraq opposite the Houses of Parliament. R (on the application of Haw) v Secretary of State for the Home Department (2006).

  18. Serious Organised Crime and Police Act 2005 • Maya Evans, 25, recited the 97 names by the Cenotaph memorial to Britain's war dead in Whitehall, near Downing Street. • She found fame as the first person to be tested and found guilty under section 132 SOCPA 2005 – unauthorised protests within half a mile of Parliament. • Ms Evans, was given a conditional discharge and ordered to pay £100.

  19. Serious Organised Crime and Police Act 2005 Many claim that under SOCPA free speech and the right to protest is being undermined ‘Freedom does not die in one blow, it dies by inches in public legislation.’ Lord Strathclyde (Con) 15/11/06

  20. Breach of the Peace Breach of the Peace Cases Power to stop an actual or imminent breach of the peace. See: • Moss ( 1985 ) • Foy ( 1984 ) • Nicol v DPP (1996) • Steel v UK (1998) • Redmond- Bate ( 1999 ) • Bibby ( 2000 ) exceptional circumstances • Laporte ( 2007) • Austin ( 2007)

  21. Public Order Act 1986 Obstruction of the Highway • Highways Act 1980 • Arrowsmith v Jenkins (1963) • Nagy v Weston (1966) Obstruction of the Police • Police Act 1996 • Duncan v Jones (1936)

  22. Public Order Act 1986 Incitement to racial hatred • Defined in Section 17 POA ‘hatred against any group of persons defined by reference to colour, race, nationality or ethnic or national origins’.

  23. Public Order Act 1986 Incitement to racial hatred 1st - Words/ behaviour must be ‘threatening, abusive or insulting’. 2nd - the actions of the person charged must either have been intended to stir up racial hatred or be likely to do so.

  24. Public Order Act 1986 Incitement to racial hatred • Sub section 18 - 22 – publication offences. • Section 18 – deals with speeches at meetings or demonstrations . An offence to use words or behaviour, or display written material which fulfils the elements outlined on the previous 2 slides.

  25. Public Order Act 1986 Incitement to racial hatred • Section 19 – covers publishing or distributing written material. Can be used against racist organisation which circulate newsletters etc. intended or likely to stir up racial hatred.

  26. Public Order Act 1986 Incitement to racial hatred • Section 20 - deals with performance of plays. • Section 21 - with showing or playing of films, videos, or records. • Section 22 deals with broadcasting and cable services. • Section 23 - offence to simply possess racist material. • Proceedings for any of the above can only be brought with consent of Attorney General.

  27. The Racial and Religious Hatred Act 2006 • This Act added a Part 3A to the POA. • Section 29A - religious hatred is defined as ‘hatred against a group of persons defined by reference to religious belief or lack of religious belief’. • The offences cover speech, publications, plays, recordings and broadcasts and possession of inflammatory material.

  28. The Racial and Religious Hatred Act 2006 • The offences are limited to behaviour which is threatening. • Prosecution has to prove that the defendant intended to stir up religious hatred. • Comedians who joke about a particular religion have nothing to fear from these new offences. • 2006 - Danish newspaper published cartoons showing the prophet Mohammed and caused offence to Muslims around the world - section 29J - a publisher who reprinted the cartoons in England would be unlikely to commit an offence under Part3A POA.

  29. Other offences relating to racial and religious hatred • Crime and Disorder Act 1998 - increased penalties for racially aggravated offences. • Anti- Terrorism, Crime & Security Act 2001 - extended to include religious aggravation. • Football (Offences) Act 1991 - offence of ‘indecent or racialist chanting’ at a designated football match.

  30. Private law remedies Apart from control by the police private persons can seek injunctions: • Hubbard v Pitt (1976) – protest outside an estate agents.

  31. Test yourself • What section number of the POA 1986 places duties on the organiser of a procession? • Under what section number can the police impose conditions on marches? • List the 4 triggers that the police have in mind when considering imposing conditions on meetings and marches.

  32. Test yourself • What section number allows for bans of marches? • What is the definition of an assembly and where is the definition found? • What is a trespassory assembly, and how does the ban work? • Under what section is riot found? • Under what section is affray found?

  33. Test yourself • Name 3 cases that show the wide powers of the police to arrest for breach of the peace. • What Act covers obstruction of the highway? • What section numbers of the POA cover incitement to racial hatred?

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