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- Art. 11 ECHR: Right to freedom of peaceful assembly and association with others - Guarantees peaceful protest - Two types: Assembly; Procession |
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s16 Public Order Act 1986 - "The gathering of two or more persons in a public place which is wholly or partly open to the open air." |
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s14(1) Public Order Act: If a senior police officer reasonably believes: (a)it may result in disorder, damage or disruption, or:- (b) it's purpose is intimidation or compulsion of others: Directions limiting location, duration and size may be issued. |
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Flockhart v Robinson
"A body of persons moving along a route." |
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3 factors for consideration: - Has proper Notice been given? - Are there grounds for imposing conditions? - What conditions may be imposed to remove the risk of harm? |
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Processions - Limitation: notice |
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Definition
POA 1986 ss11(1) + 11(2): Notice required for: - processions supporting or opposing views or actions - Publicising a campaign - Mark or commemorate and event |
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Processions - Limitation: Notice requirement |
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Definition
POA s11(3): - Date and Time - Route - Names of organisers 6 days notice where practicable. Deviation is an offence unless beyond Organiser's control. |
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Term
Processions - Limitation: Grounds |
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Definition
POA 1986 s12(1): If a senior police officer believes: (a) it may cause disorder, damage or disruption (b) Purpose is to intimidate or compel others |
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Processions - Limitation: Conditions that may be imposed. |
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Definition
s12(1): Directions necessary to prevent disorder, damage or disruption.
s13(1): where s12 powers are insufficient, chief officer may ban all processions for 3 months. |
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