Which Convention Article protects freedom of assembly?

Article 11 protects freedom of peaceful assembly and freedom of association. The right is qualified, so it may be restricted where the three-stage test is satisfied.

How does Article 10 relate to protest?

Article 10 protects freedom of expression, and a protest is a form of expression as well as an assembly. Courts frequently consider the two Articles together where a demonstration is restricted.

What is the general position of English law on public assembly?

English law has traditionally recognised a residual freedom rather than a positive right to assemble. A person may do anything not prohibited, so the law is found in the restrictions rather than in a grant of permission.

What does the Public Order Act 1986 require of the organiser of a procession?

The Public Order Act 1986 requires advance written notice of most public processions to the police. Notice must state the date, time, route and the name and address of an organiser.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

Topic overview Delegated legislation and enabling Acts Statutory instruments By-laws Orders in Council and Henry VIII powers Parliamentary controls on delegated legislation Judicial control and the ultra vires doctrine Reasons for the use of delegated legislation Advantages and disadvantages of delegated legislation Devolved legislatures

Statutory Interpretation

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Judicial Precedent

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Legal Personnel

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Contract: Rules and Theory of Contract LawContract

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Contract: Express and Implied TermsContract

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Contract: Misrepresentation and Economic DuressContract

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Contract: Discharge of ContractContract

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Contract: RemediesContract

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Tort: Rules and Theory of Tort LawTort

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Tort: Occupiers' LiabilityTort

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Tort: Torts Connected to LandTort

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Tort: Vicarious LiabilityTort

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Tort: Defences and RemediesTort

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Criminal Law: Rules and TheoryCriminal

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Criminal Law: General Elements of LiabilityCriminal

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Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

Criminal Law: Capacity DefencesCriminal

Topic overview Insanity: the M'Naghten rules Disease of the mind and the internal cause test The special verdict and disposal after insanity Non-insane automatism Self-induced automatism Voluntary intoxication by alcohol Intoxication by drugs and involuntary intoxication Specific and basic intent offences Drunken mistake and criticism of the capacity defences

Criminal Law: Necessity Defences and Preliminary OffencesCriminal

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Human Rights: Rules and TheoryHuman rights

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Human Rights: Convention ProvisionsHuman rights

Topic overview Article 5 and the right to liberty and security of the person Article 5 exceptions, safeguards and restrictions Article 6 and the right to a fair trial Article 6 and the nature of an absolute right Article 8 and the right to respect for private and family life Article 8 exceptions, restrictions and positive obligations Article 10 and freedom of expression Article 10 exceptions and restrictions Article 11 and freedom of peaceful assembly and association

Human Rights: Restrictions on Convention RightsHuman rights

Topic overview How a qualified right may lawfully be restricted Freedom of assembly and public order law Police powers of stop and search Police powers of arrest and detention Search of premises, terrorism powers and remedies Interception of communications and surveillance Confidentiality, official secrets and contempt of court Obscenity and the control of publication Defamation, trespass and harassment

Human Rights: EnforcementHuman rights

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The Nature of Law

Topic overview Legal rules, other norms and the sources of law Law and society: fault and competing interests Law and morality Law and justice: theories of justice

Human Rights: Restrictions on Convention Rights

Freedom of assembly and public order law

3 things to know
Components 2 and 3

Overview

General position of English law on public assembly, breach of the peace and three public order offences.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Process

What conditions may the police impose on a public procession?

Process

On what basis may a public procession be banned?

Key term

What is a breach of the peace?

Questions from this subtopic

Each one with the model answer underneath.

1
Which Convention Article protects freedom of assembly?
Model answer
Article 11 protects freedom of peaceful assembly and freedom of association. The right is qualified, so it may be restricted where the three-stage test is satisfied.
2
How does Article 10 relate to protest?
Model answer
Article 10 protects freedom of expression, and a protest is a form of expression as well as an assembly. Courts frequently consider the two Articles together where a demonstration is restricted.
3
What is the general position of English law on public assembly?
Model answer
English law has traditionally recognised a residual freedom rather than a positive right to assemble. A person may do anything not prohibited, so the law is found in the restrictions rather than in a grant of permission.
4
What does the Public Order Act 1986 require of the organiser of a procession?
Model answer
The Public Order Act 1986 requires advance written notice of most public processions to the police. Notice must state the date, time, route and the name and address of an organiser.
5
What conditions may the police impose on a public procession?
Model answer
A senior officer may impose conditions on the route, the duration or the numbers attending. Conditions may be imposed where the officer reasonably believes the procession may result in serious public disorder, serious damage to property or serious disruption to the life of the community.
6
On what basis may a public procession be banned?
Model answer
A chief officer may apply to the local authority for a prohibition order where conditions would not prevent serious public disorder. Consent of the Secretary of State is required, and a ban applies to a class of procession in an area rather than to one march.

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AAn interim injunction restrains publication before trial.

BPublication cannot be undone.

CAn injunction may be the only effective remedy.

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