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Article 11 , The right to Freedom of assembly and association ((Section 1;…
Article 11 , The right to Freedom of assembly and association
Article 11 is a qualified right which means that the right can be interfered with however must be under reasonable circumstances
Its a qualified right subject to paragraph 2 under the following conditions
-Prescribed by law and are necessary in a democratic society in the interests of national security or public safety;
-For the prevention of disorder or crime;
-For the protection of health or morals or for the protection of the right ad freedoms of others.
And the issues to consider are; -The margin of appreciation (Open Door and Woman Well Woman v Ireland (1992))
-Proportionality (R v Secretary of State for the home department (2001))
Section 1 ; Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests
Section 2 ; No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the state
Breach of the peace is a civil matter the penalty being a bind over the court, however there's and issue with the definition as its not clear what kind of conduct may lead to and arrest; Historically the subjective view of the arresting PC will be accepted by the court (Duncan v Jones) . The courts however have not always adopted the consistent approach. R v Howell - A breach of the peace occurs when harm actually done, or is threatened to be done, to a person or in his presence to his property.
The post HRA case law has demonstrated a more liberal approach to the exercise of the breach of the peace powers. Redmond-Bate v DPP - Court held that the police had no authority to require a citizen to desist from lawful conduct which doesn't provoke violence or interfere with the rights of others.
The leading authority now comes from the House of Lords in R v Chief Constable of Gloucester Constabulary ex.p. Laporte (2007)- It was held that the police had acted unlawfully by breaching Article 5, 10 and 11. Preventative action is only lawful when a breach of the peace is imminent which it was not when the coach was stopped. However, even if a breach had been imminent here the court found that the action taken was unreasonable and disproportionate.
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There was a number of important factors that led to the development of the Public Order Act 1986, Including; Brixton Riots (1981) , Fears around football violence and Miners Strikes 1984-5.
The Public Order Act provides framework for controlling processions and demonstrations and enacts a range of offences to deal with disorderly conduct of various degree of seriousness ( controls behaviour).
Section 1; Riot - defined as 12 or more people who are present together and use or threaten to use unlawful violence for a common purpose
Section 2; Violent Disorder - When a t least 3 people present together use threatening or unlawful violence (simultaneously or not).
Section 4; Fear or provocation of violence - when a person uses towards another threatening, abusive or insulting words or behaviour or distributes them in writing , by signs or other visible representation.
Section 4A; Intentional Harassment, Alarm or Distress - Using threatening words or behaviour within hearing or sight of someone with the intention of causing harassment, alarm or distress.
Section 5; Harassment, Alarm or distress - using threatening words or behaviour within hearing or sight of someone likely to be caused harassment alarm or distress.
Section 3; Affray - When a person threatens or uses unlawful violence towards another person , the person must be present for an affray to occur.
Section 11; Advance Notice of Processions - Advance notice must be given ti the police of a public procession , but this isn't a request for permission. The notice must specify the date, time and proposed route of the procession and names/addresses of the organisers. The details must be delivered to a local police station at least 6 days before the procession or as soon as is practicable.
Section 12; Imposing Conditions on Processions - Under this sections the police can impose conditions on a procession providing , a senior officer reasonably believes that the procession would result in public disorder, serious damage to property, or serious disruption to the life of the community
Section 13; Banning Public Processions - Where the provisions under s.12 would not be sufficient an application can be made to ban a procession for up to 3 months
Section 14; Assemblies - The police can impose conditions upon assemblies , as such ; a senior police officer must reasonably believe that serious public order, damage to property or disruption to life in the community would occur ass a result of the assembly or the purpose of it is to intimidate others and as such he may impose a condition on the place the assembly takes place , the duration of it or the number of people involved.
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Section 5
The offence can be committed by using threatening, abusive or insulting words or behaviour or engaging in disorderly conduct (not defined)
Under Section 5(3) there is a defence to a charge if the Defendant can prove their conduct was reasonable (Hammond v DPP)
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