Public Order Law (chatgpt)

Public order law -
scope + human rights context

Scope: public processions, public assemblies, trespassory assemblies, breach of the peace, obstruction, public order offences
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Human rights context:
• freedom of expression and peaceful assembly protected
• can be restricted for prevention of disorder or crime
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Exam approach: identify whether facts involve:
• procession
• assembly
• trespassory assembly
• breach of peace
• specific criminal offence

Public procession -
requirements & exceptions
police can impose what conditions?

Definition: Moving demonstration involving more than one person, in a place to which the public has access or on a highway
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Notice: 6 days in advance - organisers must give written notice to police (stating date, time, route and organisers’ names), except not required if:
• not reasonably practicable
• common or customary event
• funeral
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Police may impose conditions if reasonably believes:
• risk of serious public disorder
• serious property damage
• serious disruption to community life
• purpose is to intimidate others
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Conditions may restrict:
• route; or
• entry into any public place
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Ban: if conditions insufficient to prevent serious public disorder, chief officer may apply to local council for order prohibiting all public processions in district/part of district for max 3 months (Home Secretary consent required)
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Offence: failure to notify / disobeying police conditions

Public assembly -
definition
police powers
can it be banned?

Definition: Static demonstration of 2+ persons in a public place wholly or partly open to the air
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Notice: no statutory duty to notify police
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Police may impose conditions if reasonably believes:
• risk of serious public disorder
• serious property damage
• serious disruption to community life
• purpose is to intimidate others
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Conditions may restrict:
• place of assembly
• maximum duration
• maximum number of persons
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Ban: no statutory power to ban all public assemblies in a district
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Offence: disobeying police conditions \d;

Public procession v public assembly -
key differences]

Procession:
• moving demonstration
• highway / place public has access
• no statutory minimum number
• organisers usually must notify police
• conditions on route / entry into public places
• possible 3-month ban on all processions in district
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Assembly:
• static demonstration
• 2+ persons
• public place wholly/partly open to air
• no statutory duty to notify
• conditions on place / duration / numbers
• no statutory power to ban all assemblies
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Exam point: processions are treated as greater public order risk, so police powers are stronger

“Serious disruption to life of community” definition

includes:
• noise that intimidates / harasses / causes alarm or distress
• significant delay to time-sensitive product
• disruption of access to essential goods/services (money, food, water, energy, fuel)
• disruption to communications
• disruption to place of worship
• disruption to transport facility
• disruption to educational institution
• disruption to health services

Trespassory assembly -
definition
order limits?
offence

Assembly of 20+ persons on land in open air where:
• public has no right / limited right of access
• occupier likely has not given permission
• assembly may cause serious disruption to community life; or
• significant damage to land/buildings/monuments of historic, architectural, archaeological or scientific importance

*must prove trespass; peaceful reasonable use of highway is not trespass
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Order: chief officer may apply to local council for order prohibiting all trespassory assemblies in district (Home Secretary consent required)
• max 4 days
• max 5-mile radius from specified centre
Effect:
• organisers and participants commit offence
• police may stop people proceeding to trespassory assembly

Breach of the peace -

• definition

• when can police act?

• police powers (and limits)

Core idea: must provoke violence imminently

1.An act done/threatened which:
• actually harms a person
• harms property in that person’s presence
• is likely to cause such harm or
• puts someone in fear of such harm being done
2.Conduct with natural consequences of provoking others to violence
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Police can act before violence occurs if:
• honestly and reasonably believe real risk of breach of peace; in sense that:
• close proximity both in place and time
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Power to detain if evidence there could be imminent violence. Can take reasonable steps:
• ban procession
• disperse assembly
• enter private premises
• detain people
• prevent people travelling
• remove provocative signs/emblems
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Human rights limit: protest should be permitted if it does not cause violence
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Offensive speech: not enough by itself if it does not tend to provoke violence
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Kettling (mass detention) - lawful if reasonable and proportionate to prevent violence
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NB common law concept, duty to maintain peace of the realm

Breach of peace -
enforcement options (incl. binding over)

Enforcement options -
• arrested and released without charge
• bound over to keep the peace
• prosecuted for obstruction of police officer/highway
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Binding over: civil remedy with criminal standard of proof.
Court must be satisfied:
• breach of peace occurred; and
• real risk of violence in future
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Order: defendant must refrain from specific conduct/activity (max 12 months)
If break order, recognisance (pay a specific sum) required;

refusal to be bound over may lead to imprisonment up to 6 months

Public order offence -
obstruction of police officer + highway

Obstruction of police officer: refusing reasonable direction of police officer who is lawfully trying to prevent breach of peace
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Obstruction of highway: wilful obstruction of highway without lawful excuse (includes pavement)
small peaceful protest may be lawful if highway not actually blocked

Public order offences - list all of them

General: offences designed to control public order problems
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Can be committed: in public or private place
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Mens rea: intent must be proved for each offence
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Most serious to least serious:
• riot
• violent disorder
• affray
• fear/provocation of violence
• harassment, alarm or distress
• aggravated trespass
• public nuisance
• newer acts - locking on, tunneling, obstruction of major transport works, interference w key national infrastructure, concealing identity at protest, carrying firework at protest, climbinb on war memorial
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Key numbers:
• 2 = public assembly
• 3 = violent disorder
• 12 = riot
• 20 = trespassory assembly

Riot vs. violent disorder

Riot:
• 12+ persons present together
• use or threaten unlawful violence
• for common purpose (no need preplanned; just need to support each other in violence)
• conduct causes person of reasonable firmness present at scene to fear for safety
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threats alone insufficient; must use unlawful violence for common purpose
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Violent disorder:
• 3+ person
• use or threaten unlawful violence (no need common purpose)
• causes person of reasonable firmness present at scene to fear for safety
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Violent disorder vs. riot:
• only requires 3 people, not 12
• no common purpose required
• threats of violence can be enough

BOTH include violence against property

Affray

• 1 or 2 persons acting together
• use or threaten unlawful violence (words alone are not enough)
• causes person of reasonable firmness present at scene to fear for safety
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Key point: envisages at least offender, victim and bystander
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Reasonableness: court looks at all circumstances to decide whether bystander fear was reasonable
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affray does not cover violence against property alone (cf. riot & violent disorder)

Fear or provocation of violence - elements

Person subjected to threatening, abusive or insulting:
• words or behaviour; or
• writing, sign or visible representation
+
Intent:
• to cause that person to believe that unlawful violence will be used against them or

• to provoke the immediate use of unlawful violence.
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Timing: violence need not be instantaneous, but there must be proximity in time and causation

Harassment, alarm or distress

2 Elements:
Using threatening, abusive or insulting:
• words or behaviour
• writing, sign or visible representation; or
• disorderly behaviour.
+
Words/behaviour must be within hearing or sight of person likely to be caused harassment, alarm or distress
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no need intended violence (cf. fear or provocation of violence)
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Question of fact: whether someone likely to be harassed/alarmed/distressed depends on circumstances
Swearing at police less unlikely an offence

Aggravated trespass - definition + police power

Trespass on land with intent to disrupt, obstruct or intimidate persons engaged in lawful activity
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aka must prove:
• trespass and
• D engaged in acts to disrupt lawful activity
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Not enough: mere trespass alone
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Police power: may direct ppl to leave land
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activity disrupted must be lawful under UK law (e.g. preparing weapons for war)

Public nuisance

Intentionally or recklessly:
• causing/create risk of serious harm to public; or
• obstructing public in exercise/enjoyment of a right
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Mens rea: intentional or reckless

Serious Disruption Prevention Orders -

when imposed?

conditions

When: person has committed 2+ protest-related offences within last 5 years
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How imposed: after conviction / on application by chief officer
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Duration: max 2 years
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Conditions may cover:
• residence
• travel
• association with other persons
• internet use