07-06 Public Order Legislation_604083bc612717c927fe70ff67012e7c.pdf

OFFICIAL Unit 7 Lesson 6...

OFFICIAL Unit 7 Lesson 6 Public Order Legislation Learning Aim: The learner will be able to explain the legislation relating to public order, public processions and assemblies, and the associated police powers to stop, search and arrest offenders Learning Outcomes: Introduction On successful completion of the lesson, This lesson note looks at the policing of large students will be able to:- crowds that have gathered for a common purpose. This can include public processions 1. State police powers relative to public and assemblies, like industrial dispute and processions and associated offences. political marches as well as spontaneous protests, for example, members of a community gathering around the house of a 2. Define ‘public assembly’ and explain the suspected paedophile. powers given to the police to control such gatherings. The policing of public processions and public assemblies can include a significant policing resource to ensure the event passes in a safe 3. Define mobbing and rioting and state the manner, with minimum disorder or impact on essential elements of the crime. the wider community. To assist facilitating these events, legislation 4. Identify an alternate charge to mobbing and has been enacted giving powers to Local rioting. Authorities and Police to ensure the rights of protest groups are balanced with the rights of the wider public. 5. Explain the police powers of stop and One of the core duties of a police officer is to search at public order incidents. maintain order, however this must be balanced with an individual’s rights enshrined in the Human Rights Act, 1998. Often the policing of large crowds and demonstrations can be politically sensitive and officers should be aware of potential consequences of their actions. 1 th Amended 7 March 2024 v.3 OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation Relevant Legislation Human Rights Act 1998 Civic Government (Scotland) Act 1982 Public Order Act 1986 Criminal Justice and Public Order Act 1994 Human Rights HR Human Rights Act 1998 Article 10 Everyone has the right to freedom of expression, including freedom to hold opinions and receive and impart information without interference by public authority, including the Police. Article 11 Everyone has the right to freedom of peaceful assembly. However, the exercise of these rights may be subject to formalities, conditions, restrictions or penalties as prescribed by law in the interests of security, public safety, prevention of disorder or crime, etc. Public Processions All Public Processions, e.g., political marches, Orange Walks, James Connolly marches and events such as local galas and festive parades, are subject to the control of Local Authorities and in some circumstances, the police. The power of Local Authorities to impose conditions is contained within the Civic Government (Scotland) Act, 1982. Such controls by the police are authorised by Section 12 of the Public Order Act, 1986. By law, the organiser of a proposed public procession must give at least 28 days written notice to both the Local Authority and the Chief Constable. The notice must include details of the date, time, route, and number of people likely to attend the procession. 2 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation Powers of Local Authority On receipt of a written notice and after consultation with the Chief Constable the Local authority will either:- 1. Grant permission for the procession in its proposed format, OR 2. Make an order to prohibit it, OR 3. Make an order imposing conditions Offences Section 65 of the Civic Government (Scotland) Act, 1982 creates the following offences in relation to public processions: An offence for the organiser of a procession to hold a public procession in contravention of an Order prohibiting it, or in contravention of conditions imposed by such an Order. An offence for any persons to take part in such an unlawful procession, but only if they refuse to desist on being required to do so by a Constable in uniform. Police Powers Section 12 of the Public Order Act 1986 provides the police with certain powers to control public processions but only if, in the circumstances, the procession is likely to cause: Serious public disorder Serious damage to property Serious disruption to the life of the community. Intimidation towards other persons with a view to compelling them not to do any lawful act, e.g., work during a strike. In such cases the most senior police officer present at the scene may impose such directions or conditions as seen fit on the organiser or persons present to prevent such disorder or intimidation. These powers are only available when the procession is actually taking place or when people are in the process of assembling to take part. 3 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation It is an offence for the organiser of the procession or any person taking part to knowingly fail to comply with such a direction or condition. It is also an offence for any person to incite people taking part to fail to comply with such conditions. Public Assembly Definition Public Assembly means: ‘an assembly of 20 or more persons in a public place which is wholly or partly open to the air’ Public place means:- ‘(a) any highway, or in Scotland any road within the meaning of the Roads (Scotland) Act 1984, and (b) any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;’ Section 16, Public Order Act 1986 Activity 1 A1 Consider the following examples, do they constitute a Public Assembly? 1. A gathering of 18 pro-life activists gathering outside a Women’s Health Clinic to protest against abortion. 2. Residents of Middle Drive, Brookbank, are gathering round the home of someone who has appeared in court charged with possession of child pornography. 3. 50 people in a shopping centre protesting outside a fashion shop believed to use child labour to produce their goods 4 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation Public Assemblies – Police Control Section 14 of the Public Order Act, 1986, provides the senior police officer present with similar powers to Section 12 (above) in relation to Public Assemblies, but only if having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held, reasonably believes that: 1. it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or 2. the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do, These conditions apply only to location, duration or numbers of people permitted at the public assembly. For instance, in example 3 of the exercise above, the Sergeant could impose conditions that the protestors do not block the doorway of the shop or the passage of shoppers in the centre and that they finish after 60 minutes. This section also provides that when a Chief Constable receives information beforehand that such a public assembly is intended to be held, the Chief Constable may impose the above-mentioned conditions prior to the assembly taking place, provided that the conditions are given in writing. Public Assemblies - Offence It is an offence for the organiser of the assembly, or any person present, to knowingly fail to comply with such a condition. It is also an offence for any person to incite persons taking part to fail to comply with such conditions. 5 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation Feedback 1 F1 1. Not a Public Assembly - there is less than 20 people involved. 2. This may be a Public Assembly, it depends on the number of persons present. 3. This is a public assembly. Activity 2 A2 The duty Sergeant has spoken to the residents of Middle Drive, Brookbank, and ascertained that there are 22 residents taking part in the protest. They have informed the Sergeant that the protest will last until the resident is removed. What conditions could be imposed on the residents to manage this protest and what other relevant considerations should be taken into account? Mobbing and Rioting Sometimes public assemblies and other large crowds become difficult to deal with; the large crowd gathered round the suspect paedophile’s house may start to throw missiles at it for instance. Crowds or assemblies that are lawful can change because of interactions with other protestors or even the police. How the police deal with crowds depends on the type of crowd involved, the 6 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation policing resources available and the particular strategy that the senior police officer has. If the behaviour of the crowd seriously deteriorates, the charge of Mobbing and Rioting may be appropriate. Definition of Mobbing and Rioting “A mob is a group of persons acting together for a common illegal purpose to the alarm of the lieges and in breach of the peace” e.g., the riots in London and other English cities in 2011. It is a crime at common law to form part of a mob. Feedback 2 F2 If the duty Sergeant is the most senior officer present, then they may impose conditions under Section 14 pertaining to the location, duration and number of people taking part could be imposed. For example, conditions could be imposed which limit the protest to a specific area, limit the number of people involved and set a finish time. Articles 10 and 11 of the Human Rights Act are relevant here, as the protestors have a right to assemble. However, this must be balanced with the rights of resident of the house. Police have a duty to protect the human rights of all persons, the protestors and the resident they are protesting about. 7 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation Essential Elements for Mobbing and Rioting To prove that mobbing and rioting has occurred all of the following essential elements must be present: 1. Concourse, i.e., there was a mob; and 2. Illegal combination, i.e., individuals in the mob must have acted together to defy legal authority; and 3. Alarm to lieges, i.e., there was alarm and a breach of the peace in the neighbourhood. Note:- Being a crime at common law there is no specific number stated to stipulate how many people are required for a "mob". Historically, the Riot Act 1714 (now repealed) defines an assembly of twelve persons as sufficient. In Hancock vs HMA, 1981 J.C. 74, eight persons (acting with another) were convicted. Similar numbers would probably be held sufficient at common law. The court would also be mindful of what these persons actually do, the violence they show and the threats they use. It should be noted that the mere presence of an individual in a mob, if accompanied by evidence of countenancing or encouraging the riotous proceedings, is sufficient ground for conviction as art and part although the individual does not resort to any overt act. (H.M.A. v. Martin, 1886) Alternative Charges The principles of mobbing and rioting are quite complex giving the prosecution practical difficulties of proving essentials such as ‘concourse’ and ‘illegal combination’ in court. In practice, a charge of Breach of the Peace can be used as an alternative to mobbing and rioting. In this form Breach of the Peace can be considered as a serious crime which may be dealt with on indictment. In most cases a charge of Breach of the Peace is more easily proved than a charge of Mobbing and Rioting. 8 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation Activity 3 A3 The residents from Middle Drive, Brookbank, have become increasingly belligerent and begun to throw bottles and stones towards the home of the person mentioned. Which crime would the residents be charged with? Why? Stop and Search Powers Refer back to Lesson Note ‘Stop & Search’ in Unit 8 and the Stop and Search of the Person in Scotland: Code of Practice. Section 60 of the Criminal Justice and Public Order Act 1994 provides that if an Inspector or above reasonably believes:- 1. that incidents involving serious violence may take place in any locality in their area, and that it is expedient to give an authorisation under this section to prevent their occurrence, or 2. that persons are carrying dangerous instruments or offensive weapons in any locality in their police area without good reason. Then the Inspector may give an authorisation that the Section 60 CJ&PO Act powers are to be exercisable at any place within that locality for a specified period not exceeding 24 hours. Where a Section 60 has been authorised an officer in uniform may:- 1. Stop any pedestrian and search them or anything carried by them for offensive weapons or dangerous instruments. 9 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation 2. Stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments. 3. Require any person to remove any item which the Constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing their identity. 4. Seize any item which the Constable reasonably believes any person intends to wear wholly or mainly for that purpose. If Section 60 is invoked, officers in the locality will receive a specific briefing in relation to the details of the order, locality and duration. Ensure that the specific details are recorded in your notebook/electronic device, including:- Authorising officer Time authorised Locality covered A police officer may, in exercising the above powers, stop any person or vehicle and search whether or not there are any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind. Officers may seize any dangerous instrument or article that they reasonably suspect to be an offensive weapon. If it appears to an officer of or above the rank of Superintendent that it is expedient to do so, they may direct that the authorisation continues for a further 24 hours. Section 60 - Offences It is an offence for any person who fails: to stop, or stop any vehicle; or to remove an item worn by them When required to do so by a Constable in the exercise of their powers under this act. (Powers under Section 1 of the Criminal Justice (Scotland) Act 2016) 10 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation Activity 4 A4 The situation in Brookbank continues to deteriorate. A number of residents have covered their faces with scarves and are openly discussing breaking into the property to assault the occupant. One of the residents claims that they are in possession of knives. The Duty Inspector has authorised a Section 60 power limited to Middle Drive, Brookbank. Officers have stopped a resident wearing a scarf tied round their lower face, the resident has refused to remove this scarf. What powers under Section 60, do the officers have? When stopped, the resident was in a vehicle, can this be searched? Feedback 3 F3 While consideration might be given to charging them with Mobbing and Rioting, the charge of Breach of the Peace may be more straightforward. Is it possible to prove:- Concourse, there is a group for a common purpose. Illegal Combination, are they acting together to break the law? Alarm to the lieges, were people alarmed? 11 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation Feedback 4 F4 Having been required by a Constable in uniform to remove their face covering under section 60 and refused, the subject has failed to adhere to the requirement and may be arrested. The Section 60 power extends to vehicles. 12 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation For further information, use the resources shown below:- LEGISLATION:- Human Rights Act 1998 Civic Government (Scotland) Act 1982 Public Order Act 1986 Criminal Justice and Public Order Act 1994 Review: You can state police powers relative to public processions and associated offences You can define ‘public assembly’ and explain the powers given to the police to control such gatherings You can define mobbing and rioting and state essential elements of the crime You can identify an alternative charge to mobbing and rioting You can explain the police powers of stop and search at public order incidents 13 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 6 Public Order Legislation Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 14 General Police Duties OFFICIAL