Protests, Demonstrations, Public Order, Rights, Restrictions

PROTESTS, DEMONSTRATIONS, MARCHES ~Court, although it considered the reasons of the
DISORDER and CRIMINAL JUSTICE & PUBLICpolice to be meagre, it could not overturn it unless, s.
ORDER LAWS12 Public Order Act 1986, they had not given any
(Based on author's sitereason at all.
The UK has not a written constitution, nor a Bill ofThe Public Order Act 1936 prohibited the wearing of
Rights; but it is a signatory to the Universalpolitical uniforms publicly if not for a ceremonial or
Declaration of Human Rights, and it has incorporatedspecial occasion, s. 1 Public Order Act 1986 also
into its law by the Human Rights Act 1988 theprohibits that if for the purpose of promoting any
European Convention on Human Rights, Articles 10 &political object, and O'Moran -v- DPP 1975 was about
11 of which set out the general freedom to protestthe IRA.
and demonstrate -to gather to express a collectiveThe former Act made it an offence to use abusive
viewpoint.or threatening language in public meetings; in the
These freedoms are subject to not being exercisedlatter s. 3 is about 'affray' referring to violence as
for unlawful purposes or in unlawful ways containedbeing that which would cause a person of reasonable
mainly in such laws of England as the Public Ordercourage to fear for his safety, s. 2 is 'violent disorder'
Acts 1936 & 1986 and the Criminal Justice and Publicif affray by three or more together, s. 5 is 'riot' if
Order Act 1994.affray by twelve or more persons together, under
Under Public Order Act 1936 it is an offence forthe Criminal Justice Act 1994 'raves' is organising a
people to meet only if within a mile of the Houses ofrave after having been ordered to disperse, and
the Parliament when the Parliament is sitting, in'aggravated trespass' is disrupting others' lawful
numbers more than fifty; and the Department of thepursuits on private land.
Environment has considered whether to continue toThere have been interest groups for the protection
allow in Hyde Park and at Trafalgar Square publicand betterment of human assembly rights, and now
meetings.British Courts also can deal with alleged breaches of
The right of assembly is subject to giving writtenthose rights under the Human Rights Act 1998 -which
notice of it to the police stating the date and time,allows also to pursue them in the European Human
the route, and the name and address of theRights Court.
organiser. The police may, if it considers that a publicBut, that the former Public Order Act resulted from
meeting may cause serious disorder or seriousthe British Fascist Party's attacks, and that O'Moran
damage to property or serious disruption of the lifewas in relation to terrorism and that there are
of the community, make public meetings subject toexceptions and expectations of Britain by Europe,
conditions in respect of the venue and the durationreasonably rules out concern over the exercise of
of them and the maximum numbers that may meetthese rights in England lawfully.
and the route -they may dictate them; or they mayThe above are an outline and while laws change may
ban public meetings, and in Kent -v- Metropolitanbe basically a useful guideline about protests and
Police Commissioner 1981 (a wedding procession) thedemonstrations.