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Freedom of Assembly
N/A
9
Law
Undergraduate 1
05/14/2012

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Cards

Term
Overview
Definition
- Art. 11 ECHR: Right to freedom of peaceful assembly and association with others
- Guarantees peaceful protest
- Two types: Assembly; Procession
Term
Assemblies - Definition
Definition
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."
Term
Assemblies - Restriction
Definition
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.
Term
Processions - Definition
Definition
Flockhart v Robinson

"A body of persons moving along a route."
Term
Processions - Limitation
Definition
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?
Term
Processions - Limitation: notice
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
Term
Processions - Limitation: Notice requirement
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.
Term
Processions - Limitation: Grounds
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
Term
Processions - Limitation: Conditions that may be imposed.
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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