How many days notice for a procession - what in notice
6 CLEAR days, date, time and route
What are the public order offences for processions and what are the defences under s11
- Do not give required notice - D = did not know and did not have any reason to suspect hadn’t been complied with;
- Depart from details on notice - D =arose from circumstances beyond organisers control or from something done with agreement of police.
Burden of proof on defendant to prove on balance of probs
What are the reasons to put conditions that can be imposed on processions?
Senior police officer reasonably believes:
- Result in serious disruption to life of community, serious damage to property or serious public disorder;
- Purpose is to intimidate others to compel them not to do something they have a right to do or vice Versa
Section 12 of POA 1998 updated in a June 2022 to say what
Police can impose conditions to protests where
1. Noise may cause significant impact on those in vicinity; or
2. Serious disruption to the activities of an organisation
What conditions can be imposed on prossessions?
- Prescribing the route;
- Stopping March going through particular place.
Given by senior police officer at scene? Verbal. Before ? By chief officer of police, chief Constable or commissioner of police in WRITING
Public procession offences under s12?
- Organising and failing to comply wit conditions and knowing or ought to have known - up to 51 weeks in jail or £2,500 fine;
- Taking part and failing to comply with condition (knows or ought to) 1 fine £1,000;
- Inciting someone to commit offence above - same punishment as first one
When can choice of police can pro session ahead of time?
Reasonably believes conditions won’t be enough to prevent a risk of serious public disorder
Order to ban professions, how long for?
Up to 3 months, must be in writing
Can police ban assemblies?
No but chief of police on scene can impose conditions I.e limit duration of meeting to 5 mins (must be proportional).
What is tresspassory assembly
- 20 ppl;
- No right of access or limited right; and
- Open air (not partly!)
When can police ban tresspasory assemblies ?
Chief officer of police believes reasonably intended to hold tresspassory assembly:
- Without occupiers permission or extends beyond permission;
- May result in serious disruption to life of community, or serious damage to land, building or monument with historical / arch. Or scientific importance
How long can bans be for tresspassory assembly?
4 days, can’t be bigger than 5 Mile radius from centre. Need permission from Home Sec.
When is limitation period for JR
Normal - 3 months but no undue delay, procurement = 30 days, planning decisions = 6 weeks
Heads of illegality - Jr
Error of fact, error of law, taking account of irrelevant considerations and not taking account of relevant considerations, fettering of discretion and wrongful delegation
JR - procedural impropriety grounds
- Right to fair hearing 2. Natural justice 3. Bias 4. Right to reasons
