Covers processions. Usually mandates advance notice being provided in respect to mobile routes and allows the shutdown of processions entirely if this is deemed to be a proportionate action. Allows authorities to have a greater degree of control compared to static assemblies.
Covers public assemblies and allows conditions to be imposed by police officers. There is less oversight over the use of such power - the permission of the Secretary of State is not needed to exercise it, as it is with other powers.
Covers large protests on non-public land which are more likely to attract violence, damage to land or damage to certain types of property. Allows such protests to be banned by authorities.
Covers riots, violent disorders and affrays. These actions, necessarily involving violence to some extent, should not pose problems with the ECHR.
Covers the intentional infliction of harassment, alarm or distress. There must also be threatening, abusive or insulting conduct. The statutory defence invokes a standard of 'reasonableness' that has not been applied in a robust manner by courts.
Covers the infliction of harassment, alarm or distress, even if this is not done intentionally. The conduct must take place within a place where it is reasonable for someone to overhear it - whether or not there is any evidence that anyone actually did so. This is a very wide power and 'catches' a significant array of actions without imposing a more onerous requirement of proving any sort of intention.
Public highways constitute 'public' places and 'reasonable' behaviour occurring there will be lawful. This means that peaceful assemblies will ordinarily be lawful if they occur on the highway.
The question of what is 'reasonable' behaviour in relation to section 5 of the Public Order Act should not be interpreted too widely; behaviour which constitutes an offence under section 4 is unlikely to be reasonable.
Article 5 is applicable to actions taken by the police in response to protests and possible threats to public order, but the circumstances under which powers are deployed will be relevant to the question of whether liberty was deprived.
The arrest of an individual for breaching the peace will only be lawful when some violent response can be reasonably expected; those exercising police powers in this respect must be mindful of freedom of expression and assembly rights.
Police can only use powers relating to preventing a breach of the peace if they reasonably believe that such a breach is 'imminent', in order to comply with Article 11 ECHR.
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