HK

The requirements and conditions

1
that already lay down by the POO are the presence of
organiser(s), the maintenance of good order and public safety and the control of any
amplification deice! "eertheless, there is situation where the power to prohibit or ob#ect
the holding of public meetings and public meetings shall not be e$ercised
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!
UK The Public Order Act 1936
There were few draconian proisions in this &ct! 'ection ((1) empowered the chief officer of
police to )impose such conditions appear to him necessary to maintain public order* on any
public procession! 'ection ((%) and (() further allowed the prohibition on all public procession
where it was considered that the imposition of conditions would not be sufficient to preent
)serious public disorder*!
"e$t, section + proided that anyone in the assembly who uses threatening, abusie or insulting
words or behaiour with intent to proo,e a breach of peace or whereby a breach of peace is
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Sections 11(1) and 15(1)
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Section 9(4) provides that The Commissioner of Police shall not exercise the power conferred b
s!bsection (1) to prohibit the holdin" of a p!blic meetin" in an case where he reasonabl considers that
the interests of national sec!rit or p!blic safet# p!blic order or the protection of the ri"hts and freedoms
of others co!ld be met b the imposition of conditions !nder section 11(2)$
Section 14(5) provides that the Commissioner of Police shall not exercise his ri"ht !nder s!bsection (1) to
ob%ect to holdin" of a p!blic procession if he reasonabl considers that the interests of national sec!rit or
p!blic safet# p!blic order or the protection of the ri"hts and freedoms of others co!ld be met b imposin"
conditions !nder section 15(2)$
li,ely to be occasioned shall be guilty of an offence! -n Jordan v Burgoyne
3
, .ordan argued that
section + applied only to language or behaior which would proo,e )a reasonable man* to
breach the peace! The court re#ected this argument by holding that the spea,er must ta,es his
audience as he finds them and the test was whether the words used to the audience in question
were li,ely to proo,e a breach of peace! "eertheless, the latter case, Brutus v Cozens
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had a
different iew! The House of /ords held that in order to fall within the meaning of section +, it
must be conduct or speech which the ordinary person would recognise as insulting! /astly, this
&ct was replaced by the Public Order &ct 1012, which will be discussed below!
Processions
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&s decided in Flockhart v Robinson
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, a procession is a body of persons moing along a route!
This &ct only coers public procession which defined by section 12 as a procession in a public
place
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! 'ection 11 of the Public Order &ct 1012 imposes a duty on the organiser of a procession
to gie adance notice to the police in the releant area si$ clear days before the date when it is
intended to be held, unless it was not practicable to gie any adanced notice! There are few
e$ceptions for the notice requirements
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! 4oreoer, the form of notice is stipulated in section
11(() to (2)!
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5 102(6 % 78 399
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5103(6 &: (+9
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Section 1'# the P!blic (rder )ct 19*'$ +p!blic procession+ means a procession in a p!blic place$
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,195-. 2 /0 49*
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Section 1'# the P!blic (rder )ct 19*'$ P!blic place+ means (a) an hi"hwa# or in Scotland an road
within the meanin" of the 2oads (Scotland) )ct 19*4# and (b) an place to which at the material time the
p!blic or an section of the p!blic has access# on pament or otherwise# as of ri"ht or b virt!e of express
or implied permission3
*
Section 11(2)# The P!blic (rder )ct 19*'$ S!bsection (1) does not apply where the procession is one
commonl or c!stomaril held in the police area (or areas) in which it is proposed to be held or is a
f!neral procession or"anised b a f!neral director actin" in the normal co!rse of his b!siness$
'ection 1% continues to empower the police with the wide discretion to impose conditions )as
appears to him necessary* on processions! "o list of the conditions is proided, but conditions as
to route to be followed and the entrance of a procession to a public place are mentioned!
Offences are committed by organisers and participants who ,nowingly failed to comply with the
conditions
0
! &dditionally, section 1((1) authori;es the banning of the processions where it seems
that section 1% conditions are unli,ely to preent )serious public disorder*!
Public Asseblies
!"
The power to impose conditions also e$tended to public assemblies by section 19, which is
irtually the same as for public procession! 'ection 19(1) proides the grounds for imposing
conditions! &s regards to a future eent, the police must be able to identify the time and place at
which it is to occur before they can alidly impose conditions!
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Organising or participating in
an assembly which ,nowingly fails to comply with the conditions is an offence
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! 'ection 19&
further allows for the banning of )trespassory assemblies*! The court in #PP v Jones
!3
held that
an assembly is )trespassory* if it is held on land to which the demonstrators hae no right of
access, or if they e$ceed a limited right of access to land!
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Section 12(4) and (5)# the P!blic order )ct 19*'
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Section 1'# the P!blic (rder )ct 19*'$ +p!blic assembl+ means an assembl of 2- or more persons in
a p!blic place which is wholl or partl open to the air$
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4PP v 0aillie ,1995. Crim 52 42'
12
Section 14(4) and (5)# The P!blic (rder )ct 19*'
1&
,1999. 2 )ll 62 251
Public processions and assemblies are regulated primarily by the Public Order &ct 1012! This
&ct establishes a notification procedure for processions
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, and describes the circumstances where
the police may impose conditions on processions10
1+
and assemblies ta,ing place
12
! &dditionally,
it defines a number of public order offences, including riot and iolent disorder%1
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and gies the
Home 'ecretary the power to ban public processions in defined circumstances!
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Section 11
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Section 12
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Section 14
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(thers incl!de# affra (s$&)# ca!sin" fear or provocation of violence (s$4) and ca!sin" alarm and distress
(s$5)$