Public Order

What are the main sources of police public-order powers?

Statute, particularly the Public Order Act 1986; the common law relating to breach of the peace; and human-rights obligations under the Human Rights Act 1998.

Which statutory provision requires police to comply with Convention rights when exercising public-order powers?

Section 6 of the Human Rights Act 1998.

Which Convention rights are particularly relevant to public-order policing?

Article 10 freedom of expression, Article 11 freedom of assembly and association, and sometimes Article 5 liberty and security.

What is the constitutional principle of residual freedom?

Individuals may do anything that the law does not prohibit.

How has the traditional principle of residual freedom been modified?

The Human Rights Act 1998 and the ECHR provide positive protection for rights, requiring police to balance public order against individual freedoms.

What three requirements must state interference satisfy under the proportionality principle?

It must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society, meaning proportionate.

What modern framework applies when assessing proportionality under public-order offences?

Ask whether Convention rights are engaged, whether the offence itself adequately balances proportionality, and, if not, whether proportionality can be secured through a defence or other mechanism.

Which cases are associated with the modern proportionality framework for public-order offences?

Reference by the Attorney General for Northern Ireland—Abortion Services (Safe Access Zones) Bill and R v Satri.

What does section 11(1) of the Public Order Act 1986 regulate?

Advance notice of certain public processions.

What is a procession for the purposes of the Public Order Act 1986?

A group of people moving together along a route.

What did Flockhart v Robinson establish about a procession?

Flockhart v Robinson described a procession as a group moving along a route and identified the organiser as the person directing that route.

Who is treated as the organiser of a public procession?

The person who directs or controls the route of the procession.

Where must a procession occur to fall within section 11 of the Public Order Act 1986?

In a public place, as defined by section 16.

When is advance notice of a public procession required under section 11?

Where the procession is intended to support or oppose views, publicise a cause or campaign, or commemorate an event.

Is advance notice required for a procession intended to support particular views?

Yes.

Is advance notice required for a procession intended to oppose particular views?

Yes.

Is advance notice required for a procession intended to publicise a cause?

Yes.

Is advance notice required for a procession intended to commemorate an event?

Yes.

How much advance notice must generally be given for a public procession?

Six clear days’ written notice.

What information must be included in notice of a public procession?

The date, time and proposed route.

What is the effect of failing to give required notice of a procession?

It is an offence under section 11(7) of the Public Order Act 1986.

What processions are exempt from the advance-notice requirement?

Customary processions and funeral processions.

What is a customary procession under section 11 of the Public Order Act 1986?

A procession that has occurred regularly as an established custom.

What is an example of a customary procession?

A religious procession to a shrine held every Easter over many years.

Are funeral processions subject to the section 11 advance-notice requirement?

No.

What did Kay v Commissioner of Police of the Metropolis establish about customary processions?

Kay v Commissioner of Police of the Metropolis held that Critical Mass cycling events could be customary processions despite varying routes and spontaneous organisation.

Why could Critical Mass cycling events qualify as customary processions?

Their recurring and established character was sufficient despite changes in route and a lack of formal organisation.

What does section 12(1) of the Public Order Act 1986 regulate?

Police conditions imposed on public processions.

Who may impose conditions on a public procession under section 12?

A senior police officer as defined by section 12(2).

What core risks may justify conditions on a procession under section 12?

Serious public disorder, serious damage to property, or serious disruption to the life of the community.

Can noise affecting organisations justify conditions on a procession?

Yes, in England and Wales, where the noise may cause serious disruption to an organisation’s activities.

Can noise affecting nearby individuals justify conditions on a procession?

Yes, in England and Wales, where the noise may have a significant impact on people in the vicinity.

What intimidation may justify conditions on a public procession?

Conduct intended to compel others to do, or refrain from doing, something.

What did Police v Reid establish about intimidation in public-order law?

Police v Reid held that intimidation requires an intention to compel behaviour, not merely to cause fear, discomfort or annoyance.

Is causing fear or discomfort alone sufficient to establish intimidation under section 12?

No. There must be an intention to compel another person’s behaviour.

Which legislation expanded the grounds for imposing conditions on protests to include matters such as noise?

The Police, Crime, Sentencing and Courts Act 2022.

What kinds of conditions may police impose on a public procession?

Necessary and proportionate conditions such as route changes, time restrictions or limits on participant numbers.

What principles must conditions imposed on a procession satisfy?

They must be preventative, necessary and proportionate.

Is written notice required where procession conditions are imposed in advance?

Yes, under section 12(3) of the Public Order Act 1986.

What did R (Brehony) v Chief Constable of Greater Manchester Police establish about protest conditions?

R (Brehony) v Chief Constable of Greater Manchester Police held that police must provide sufficient reasons for conditions so protesters can understand the decision.

Must police give detailed reasons for every procession condition?

They must give sufficient reasons, though not necessarily exhaustive detail.

What offence does an organiser commit under section 12(4)?

Failing to comply with a lawful condition imposed on the procession.

What offence does a participant commit under section 12(5)?

Knowingly failing to comply with a lawful condition imposed on the procession.

What offence is created by section 12(6)?

Inciting another person to fail to comply with a procession condition.

What defence is available for failure to comply with a procession condition?

That the failure resulted from circumstances beyond the defendant’s control.

What knowledge requirement applies to a participant charged under section 12?

The participant must have known or ought to have known that the condition existed.

Which provision contains the knowledge requirement for procession participants?

Section 12(5A) of the Public Order Act 1986.

What maximum sanction may be imposed on an organiser who breaches a procession condition?

Up to 51 weeks’ imprisonment or a fine.

What sanction may be imposed on a participant who breaches a procession condition?

A fine.

What sanction may be imposed for inciting breach of a procession condition?

Imprisonment or a fine.

What does section 13 of the Public Order Act 1986 permit?

The prohibition of public processions where conditions under section 12 would be insufficient to prevent serious public disorder.

When may a chief police officer seek a prohibition on processions?

Where the officer reasonably believes section 12 conditions would be insufficient to prevent serious public disorder.

Who ordinarily applies for an order prohibiting public processions?

The chief police officer applies through the local authority.

Whose consent is required for a procession prohibition order?

The Home Secretary’s consent.

What is the maximum duration of a procession prohibition order?

Three months.

Can a local authority initiate a procession ban of its own motion?

No. It acts only following an application from the chief police officer.

What special procedure applies to procession bans in London?

The Metropolitan Police Commissioner may make the order directly without a local-authority application, but Home Secretary consent is still required.

Is Home Secretary consent required for a London procession ban?

Yes.

What did Kent v Metropolitan Police Commissioner establish about procession bans?

Kent v Metropolitan Police Commissioner upheld a ban on all processions and demonstrated judicial reluctance to interfere with police operational judgment.

What criticism was made of the procession ban imposed after the 2011 London riots?

The 30-day ban covered a very large area and was criticised as excessively broad.

What does section 14(1) of the Public Order Act 1986 regulate?

Police conditions imposed on public assemblies.

What is a public assembly under section 16 of the Public Order Act 1986?

An assembly of two or more people in a public place that is wholly or partly open to the air.

How many people are required for a public assembly under section 14?

Two or more people.

What was the previous numerical threshold for a public assembly?

Twenty people.

Must a public assembly occur in a public place?

Yes.

Must a public assembly be wholly or partly open-air?

Yes.

Which legislation introduced special controls for one-person protests?

The Police, Crime, Sentencing and Courts Act 2022.

Which provision concerns one-person protests?

Section 14ZA of the Public Order Act 1986.

What did R (Jones) v Commissioner of Police of the Metropolis establish about the meaning of an assembly?

R (Jones) v Commissioner of Police of the Metropolis held that disruptive activities spread over 12 days and multiple locations did not amount to a single assembly under section 14.

Is advance notice required for a public assembly under section 14?

No.

Does the purpose of an assembly determine whether section 14 applies?

No. The purpose is irrelevant.

What are the main differences between a procession and an assembly under the Public Order Act 1986?

Processions involve movement and may require advance notice; assemblies are stationary gatherings, require no advance notice, and their purpose is irrelevant.

What grounds may justify conditions on a public assembly?

Serious disorder, property damage, serious disruption, qualifying noise impacts or intimidation.

What did Police v Reid establish about intimidation at assemblies?

Police v Reid held that the person must intend to compel others not to do something they are entitled to do; mere intimidation or discomfort is insufficient.

What conditions may police impose on a public assembly?

Conditions such as time limits, location restrictions or maximum attendance.

How serious must the anticipated harm be before assembly conditions may be imposed?

The senior officer need only reasonably believe that the relevant harm may occur.

Must assembly conditions be proportionate?

Yes. They should be necessary, temporary and appropriately limited.

What did Brehony establish about assembly conditions?

Brehony held that protest restrictions must be proportionate and supported by sufficient reasons.

What test did DPP v James establish for the police belief required under section 14?

The officer must hold an honest subjective belief supported by objectively reasonable grounds.

Is a separate ECHR proportionality assessment required after the DPP v James test is satisfied?

The notes indicate that proportionality is treated as satisfied without a separate balancing exercise.

Which cases support the distinction between honest belief and reasonable grounds?

R v Inland Revenue Commissioners, ex parte Rossminster Ltd and O’Hara v Chief Constable of the RUC.

Who is the senior officer for conditions imposed on an assembly at the scene?

The most senior police officer present.

Is written notice required when assembly conditions are imposed in advance?

Yes, under section 14(3).

Do police have power under section 14 to ban public assemblies completely?

No. Section 14 permits conditions but not a complete ban equivalent to section 13 processions.

What reasons must police provide for assembly conditions?

Sufficient reasons enabling protesters to understand why the restrictions were imposed.

Which case establishes the requirement to provide sufficient reasons for protest conditions?

R (Brehony) v Chief Constable of Greater Manchester Police.

Under what legal framework was the Sarah Everard vigil restricted?

Public-health legislation relating to COVID-19 rather than the Public Order Act 1986.

What does section 14A of the Public Order Act 1986 regulate?

Prohibitions on trespassory assemblies.

How many people are required for a trespassory assembly under section 14A?

Twenty or more people.

On what kind of land must a trespassory assembly occur?

Open-air land to which the public has no right of access or only a limited right of access.

What access requirement must be satisfied before an assembly can be prohibited under section 14A?

The assembly must lack permission or exceed the participants’ rights of access.

What anticipated harm may justify prohibiting a trespassory assembly?

Serious disruption to the life of the community or significant damage to important land, buildings or monuments.

Who initiates the process for prohibiting a trespassory assembly?

The chief police officer applies for a prohibition order through the local authority.

What offences arise under section 14B in relation to a prohibited trespassory assembly?

Organising, participating in or inciting participation in the assembly.

What did DPP v Jones establish about peaceful assembly on a highway?

DPP v Jones held that peaceful, non-obstructive protest on a highway could be a lawful use of the public highway and did not necessarily amount to trespass.

Why was the conviction overturned in DPP v Jones?

The highway was a public space and the peaceful protest did not unreasonably obstruct its use.

What right did DPP v Jones recognise in relation to highways?

A right to peaceful assembly on a highway, provided the activity is reasonable and non-obstructive.

What is the definition of a breach of the peace from R v Howell?

A breach of the peace occurs where harm is actually done or is likely to be done to a person or, in their presence, to their property, or where a person fears such harm through assault, affray, riot, unlawful assembly or other disturbance.

Which case provides the modern definition of breach of the peace?

R v Howell.

Must actual harm occur before there can be a breach of the peace?

No. A sufficiently likely threat of harm or fear of such harm may be enough.