Term
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Definition
Kuznetsov v Russia - 'peaceful assembly' = private/thoroughfare/static/procession meetings
Plattform 'Artze fur das Leben v Austria - positive duty to facilitate peaceuful protest (effort needed)
Ollinger v Austria - SS cemetery, unless proportionate avoid violence, cannot prohibit counter-protest |
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Term
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Definition
Brutus v Cozens - L Reid: sensible man knows an insult when he sees one
Masterson v Holden - gay couple kiss
Norwood v DPP - Islam Out, fulfilling s5 will usually preclude reasonabless (Auld LJ)
Hammond v DPP - preaching immorality of gays.. not reasonable
ProLife Alliance - broadcast right not to air foetus campaign. L Scott (diss) 'right to offend/shock/disturb'. |
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Term
| Criminal Justice and Public Order Act 1994 |
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Definition
R v Jones (Margaret) - tresspassed military base to stop Iraq War, HELD no defence of war agression
Percy v DPP - D insulting protesting US missile defence. |
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Term
| Statutory Regulating Powers |
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Definition
DPP v Jones - highway just for passing HELD Irvine LC right for peaceful assembly
Kay v MPC - Critical Mass cycle allowed because customarily held. |
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Term
| Common Law Breach of Peace |
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Definition
Howell - someone is injured/fears/property damaged in his presence > triggers police intervention
Percy - Watkins LJ BoP doesn't have to be disorderly or criminal
Redmond-Bate v DPP - can't arrest provocateur. Sedley LJ: freedom to speak inofensively not worth having
Bibby (bailiff) - only arrest when violence is not wholly unreasonable response |
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Term
| Breach of Peace: Police Action |
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Definition
Moss v McLachlin - police allowed to stop cars on way miner picket
Laporte v CC Gloucestershire - Unlawful to turn back buses to Iraq protest unless imminent breach
Austin v UK - kettling anti-capitalists. Only restriction not deprivation Art5. Arbitrariness?? |
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