Public order law - Regulation of processions and assemblies

Learning Outcomes

After reading this article, you will be able to explain the legal framework for regulating public processions and assemblies in England and Wales, including the requirements for advance notice, the powers of the police to impose conditions or prohibit events, and the principles of proportionality. You will also be able to apply these rules to realistic scenarios and identify how human rights considerations affect the regulation of protests for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the regulation of processions and assemblies under public order law. In your revision, focus on:

• the statutory requirements for advance notice of public processions
• the powers of the police to impose conditions on processions and assemblies
• the circumstances in which processions may be prohibited
• the legal definitions of processions and assemblies
• the principle of proportionality and its application to restrictions
• the interaction between public order law and human rights (Articles 10 and 11 ECHR)

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. What information must be included in the advance notice for a public procession under the Public Order Act 1986?
2. In what circumstances can the police impose conditions on a public assembly?
3. What is the principle of proportionality, and how does it affect the exercise of police powers under the Public Order Act 1986?
4. Can a spontaneous protest be prohibited for lack of advance notice?

Introduction

The regulation of public processions and assemblies in England and Wales is primarily governed by the Public Order Act 1986 (POA 1986). This legislation seeks to balance the rights to freedom of expression and peaceful assembly with the need to maintain public order and safety. For SQE1, you must know the statutory requirements for processions and assemblies, the powers of the police to impose conditions or prohibit events, and the relevance of proportionality and human rights.

Legal Framework: Processions and Assemblies

Advance Notice for Public Processions

Organisers of public processions intended to demonstrate support for or opposition to views or actions, publicise a cause, or mark an event must give written notice to the police at least six clear days in advance. The notice must specify the date, time, proposed route, and organiser’s details. There are exceptions for processions where it is not reasonably practicable to give notice, such as spontaneous demonstrations or customary events.

Key Term: public procession A group moving together in a public place for a common purpose, such as a protest or demonstration.

Key Term: advance notice Written notification required by law to be given to the police before holding a public procession, detailing key information about the event.

Imposing Conditions on Processions and Assemblies

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. Conditions can relate to the route, location, duration, or participant numbers. The same applies to public assemblies, which are defined as gatherings of two or more people in a public place, wholly or partly in the open air.

Key Term: public assembly A gathering of two or more people in a public place, wholly or partly in the open air, for a common purpose.

Key Term: condition A restriction or requirement imposed by the police on a procession or assembly to prevent disorder, damage, disruption, or intimidation.

Prohibition of Processions

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

Key Term: prohibition order An order made by the local authority (with Home Secretary approval) banning all or certain processions in a specified area for a limited period.

Trespassory Assemblies

A trespassory assembly is an assembly of 20 or more people on land in the open air to which the public has no or only limited right of access, likely to cause serious disruption or significant damage to important land or monuments. The police may apply to prohibit such assemblies for up to four days in a limited area.

Key Term: trespassory assembly An assembly of 20 or more people on land in the open air where the public has no or only limited right of access, and which may cause serious disruption or damage.

Police Powers and Proportionality

Police powers to impose conditions or prohibit events must be exercised lawfully, reasonably, and proportionally. The principle of proportionality requires that any restriction on the right to protest is necessary and the least restrictive means available to achieve the legitimate aim of preventing disorder or harm.

Key Term: proportionality The requirement that any restriction on rights must be necessary, appropriate, and not excessive in relation to the aim pursued.

Human Rights Considerations

Articles 10 and 11 of the European Convention on Human Rights (ECHR), incorporated into UK law by the Human Rights Act 1998, protect the rights to freedom of expression and peaceful assembly. These rights are not absolute and may be restricted by law if necessary and proportionate in a democratic society for public safety, prevention of disorder, or protection of others’ rights.

Worked Example 1.1

A group plans a march through a city centre to protest government policy. They submit advance notice to the police. Intelligence suggests a risk of violence from counter-protesters. The police impose conditions altering the route and limiting the duration.

Answer: The police may lawfully impose conditions under the POA 1986 if they reasonably believe it is necessary to prevent serious disorder. The conditions must be proportionate to the risk and not go further than necessary.

Worked Example 1.2

Residents spontaneously gather outside the town hall after a controversial local decision. No advance notice is given. The crowd grows, and tensions rise. The police impose conditions to disperse the assembly.

Answer: If it was not reasonably practicable to give advance notice, the lack of notice does not make the assembly unlawful. The police may impose conditions to prevent disorder, but any restrictions must be proportionate and necessary.

Worked Example 1.3

A group known for violent protests applies to hold a procession in a community with recent tensions. The chief officer believes conditions would not prevent serious disorder and seeks a prohibition order.

Answer: If imposing conditions is insufficient, the chief officer may lawfully seek a prohibition order (with Home Secretary approval) to ban processions in the area for up to three months.

Exam Warning

The police must justify any restrictions on processions or assemblies as necessary and proportionate. Overly broad or unjustified conditions may be challenged in court, especially where human rights are engaged.

Revision Tip

Focus on the statutory requirements for advance notice, the grounds for imposing conditions or prohibitions, and the principle of proportionality. Practice applying these rules to realistic scenarios.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The Public Order Act 1986 regulates public processions and assemblies to balance protest rights with public order.
• Advance notice is required for most public processions, but not for assemblies.
• Police may impose conditions on processions or assemblies to prevent serious disorder, damage, disruption, or intimidation.
• In exceptional cases, processions may be prohibited by order, but only with Home Secretary approval.
• Trespassory assemblies can be prohibited if they risk serious disruption or damage on land with limited public access.
• All restrictions must be necessary and proportionate, respecting rights under Articles 10 and 11 ECHR.

Key Terms and Concepts

• public procession
• advance notice
• public assembly
• condition
• prohibition order
• trespassory assembly
• proportionality