Public order law - Conditions and prohibitions on assemblies

Learning Outcomes

After reading this article, you will be able to:

• Identify when and how police can impose conditions or prohibit public assemblies and processions under the Public Order Act 1986.
• Explain statutory notice requirements for processions and the grounds for police intervention.
• Recognize the limits imposed by human rights law on public order powers.
• Apply these principles to realistic SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the legal framework governing public order, especially police powers to regulate assemblies and processions. In your revision, focus on:

• the statutory requirements for advance notice of public processions
• police powers to impose conditions on assemblies and processions
• the grounds and procedure for prohibiting processions or assemblies
• the distinction between processions, assemblies, and trespassory assemblies
• the relevance of breach of the peace and common law police powers
• the impact of human rights law (Articles 10 and 11 ECHR) on public order powers

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Under what circumstances can the police impose conditions on a public assembly?
2. What is the minimum notice period required for most public processions?
3. When can a procession be prohibited entirely, and who must authorise such a ban?
4. How do Articles 10 and 11 of the ECHR affect the exercise of police powers under the Public Order Act 1986?

Introduction

Public order law regulates the balance between the right to protest and the need to maintain public safety and order. The Public Order Act 1986 (POA 1986) is the main statute governing how police can impose conditions or prohibitions on public assemblies and processions. These powers are subject to strict statutory criteria and are limited by human rights law, especially the rights to freedom of expression and assembly.

Police Powers: Assemblies and Processions

Advance Notice for Public Processions

Organisers of most public processions must give written notice to the police at least six clear days before the event. The notice must specify the date, time, route, and organiser’s details. This requirement allows police to plan and, if necessary, impose conditions to prevent disorder or disruption.

Key Term: public procession
A march or moving demonstration in a public place, typically requiring advance notice to the police under the POA 1986.

If it is not reasonably practicable to give notice (for example, in response to a sudden event), the requirement may be waived. Customary processions and funerals are also exempt.

Imposing Conditions: Section 12 and Section 14

Processions (Section 12)

A senior police officer may impose conditions on a public procession if they reasonably believe it may result in:

• serious public disorder,
• serious damage to property,
• serious disruption to the life of the community, or
• intimidation intended to compel others to act against their rights.

Conditions can include altering the route, limiting numbers, or restricting the duration.

Key Term: condition (public order law)
A restriction imposed by police on a procession or assembly to prevent disorder, damage, or disruption.

Assemblies (Section 14)

For public assemblies (static gatherings of two or more people in a public place), similar powers exist. Police may impose conditions on location, duration, or numbers if they reasonably believe the assembly may cause serious disorder, damage, disruption, or intimidation.

Key Term: public assembly
A static gathering of two or more people in a public place, regulated under the POA 1986.

Recent amendments allow police to impose conditions based on the noise generated if it may have a significant impact or cause serious disruption.

Prohibiting Processions: Section 13

If the police believe that imposing conditions would not be sufficient to prevent serious public disorder, the chief officer of police can apply to the local authority to prohibit all processions (or a class of processions) in a specified area for up to three months. The Home Secretary’s consent is required. In London, the Commissioner of Police can make the order directly with Home Secretary approval.

Key Term: prohibition order
An order banning all or certain public processions in a locality for a specified period, authorised by the police and local authority with Home Secretary consent.

Trespassory Assemblies: Section 14A

Police may prohibit assemblies of 20 or more people on land where the public has no or only limited right of access if the assembly is likely to cause serious disruption or significant damage to land or buildings of special importance. The prohibition can last up to four days and cover a limited area.

Key Term: trespassory assembly
An assembly of 20 or more people held without the landowner’s permission on land with no or limited public access, subject to prohibition under the POA 1986.

Breach of the Peace: Common Law Powers

Police retain common law powers to prevent a breach of the peace. This allows them to intervene, disperse groups, or arrest individuals if violence is occurring or imminent, or if someone is in fear of harm.

Key Term: breach of the peace
A situation where harm is done or likely to be done to a person or property, or someone is in fear of such harm due to violence or disturbance.

Human Rights Limits

Police powers under the POA 1986 must be exercised compatibly with the Human Rights Act 1998, especially Articles 10 (freedom of expression) and 11 (freedom of assembly and association) of the ECHR. Any restriction must be lawful, necessary, and proportionate to a legitimate aim such as public safety or prevention of disorder.

Worked Example 1.1

A group plans a march to protest a sudden government announcement. They begin the procession two days later without giving six days’ notice to the police. Are the organisers committing an offence?

Answer: If it was not reasonably practicable to give six days’ notice due to the spontaneous nature of the event, the organisers are not committing an offence. The march itself remains lawful.

Worked Example 1.2

Police receive intelligence that a planned assembly of 200 people on private land will cause serious disruption and damage to a historic monument. What can the police do?

Answer: The police can apply for a prohibition order under section 14A to ban the trespassory assembly for up to four days in the affected area.

Worked Example 1.3

During a peaceful protest, police believe that the noise from the assembly is causing serious disruption to nearby businesses. What conditions can be imposed?

Answer: Police may impose conditions on the location, duration, or numbers attending the assembly to reduce disruption, provided the restrictions are proportionate and necessary.

Exam Warning

Police powers to impose conditions or prohibit assemblies must be exercised lawfully and proportionately. Overly broad or unjustified restrictions may breach Articles 10 and 11 ECHR and be subject to judicial review.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The Public Order Act 1986 sets out police powers to impose conditions or prohibit assemblies and processions.
• Advance notice is generally required for public processions, but not always for assemblies.
• Police may impose conditions if there is a reasonable belief of serious disorder, damage, disruption, or intimidation.
• Prohibitions on processions or assemblies require higher-level authorisation and are used only when conditions are insufficient.
• Trespassory assemblies can be prohibited if they threaten serious disruption or damage to important land or buildings.
• Police retain common law powers to prevent breach of the peace.
• All restrictions must comply with human rights law—restrictions must be lawful, necessary, and proportionate.

Key Terms and Concepts

• public procession
• condition (public order law)
• public assembly
• prohibition order
• trespassory assembly
• breach of the peace