Chapter 18 Multiple choice questions

1. Which one of the following would appear to be a meeting or demonstration not protected by Article 11(1)?

A 'pro-life' march that is met by 'pro-choice' counter-demonstrators. The counter-demonstrators are trying to attack the 'pro-life' marchers, but are, themselves, beaten back by the police.

A woman is taking part in a march. It turns violent, but she takes no part in the violence.

A group of demonstrators block a road and cause great inconvenience to the public for about one hour.

A group of radical preachers are banned, by law, from holding public meetings. They contravene the ban. The meeting is peaceful and the intention of the preachers is peaceful. They are arrested.

2. Article 11 has been interpreted by the European Court of Human Rights (ECtHR) to impose on States the duty to take all steps necessary to ensure that lawful and peaceful political demonstrations can go ahead.

True

False

3. States may, compatibly with Article 11, proscribe (ban) a political party that is non-violent and has considerable popular support, but which, if it were able to put its programme and policies into effect, would create a body of laws and practices that would be incompatible with the Convention idea of democracy and human rights. This principle, allowing a society to guard against future threats to its democratic character, is known as '………'.

4. Laws and administrative practices that prevent the police, civil servants and other public officials from taking a full part in political life (e.g. by being active in political parties) are widespread in Europe, but almost certainly incompatible with Articles 10 and 11.

True

False

5. Match the case in the right hand column with the principle of law it stands for in the left hand column.

Private and corporate landowners who may control public access to large parts of the central areas of cities (eg in shopping malls) have broad powers to refuse entry to whomsoever they like-they are exercising private rights of property. So long as there are other places for peaceful protesters to go, a ban on them in such areas is unlikely to violate article 11.

Where a meeting or march is to take place on land controlled by a public authority, such as a local council, the authority does not have the freedom enjoyed by a private or corporate landowner but must act in the public interest and on the basis of the statute under which the land is owned and controlled.

A public meeting on a highway will require permission unless the use of the highway is as a matter of right. The public have a right to pass and re-pass on a highway as well as the right to do some other things. These can include a non-obstructive use of the highway to hold a public meeting.

A peaceful but trespassory protest (held without permission on private or corporately owned land) will not necessarily involve either the commission of a criminal offence or a breach of the peace. The landowner may be able to obtain an injunction (which would place demonstrators in danger of being in contempt of court and liable to large fines) even against a large and non-assigned group of people.

6. Whilst the police have statutory power (section 17 PACE) to enter private land to arrest a person reasonably suspected of an indictable offence, or to deal with a breach of the peace that has occurred or is occurring, they do not have the power to enter in order to deal with an anticipated crime or breach of the peace.

True

False

7. Link the section of the Public Order Act 1986 in the right hand column to its content in the left hand column.

A statutory requirement that the organisers must give the police notice (there is no requirement to seek permission) of march or procession they are organising. Processions that are "commonly or customarily" held are exempt as are static meetings.

A statutory power enjoyed by the police by which they can, on the basis of trigger conditions, impose conditions (as to time and route, for example) on a proposed march or procession.

A statutory power enjoyed by the police under which they can apply to a local authority for a ban of a broad classification of marches for a period of up to three months in a defined area. The power can be exercised when the police have grounds for believing the march would bring about a risk of serious disorder.

A statutory power enjoyed by the police by which they can, on the basis of trigger conditions, impose conditions (as to duration and venue, for example) on a "public meeting".

A statutory power enjoyed by the police under which they can apply to a local authority for a general ban on trespassory, open air, meetings. Other sections give the police various preventative powers in respect of any such meetings that are then held. The power can be exercised when the police have grounds for believing the meeting would bring about a risk of serious disruption to the life of the community.

8. Persons taking part in political demonstrations can be convicted for non-violent acts if what they do (including by words or gestures) is likely to cause another person ---------- ----- -- --------.

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