Chapter 21 Self-test questions

Which of the following actions are, in principle, protected under Article 11 ECHR? Select all that apply.

Private meetings

Public rallies at a static location

Public processions

Violent public action

The European Court of Human Rights has held that Article 11 only imposes a negative obligation not to prohibit protests.

True

False

The state is not under an absolute obligation to facilitate protests. This means that, in certain circumstances, it may be lawful for the authorities to close down such a protest if it is provoking, or seems likely to provoke, others into a _______ response.

Which of the following are likely to be taken into account when examining whether the shutting down of a public protest is justified? Select all that apply.

The rights of nearby residents and businesses

The resources of the police

The importance of the protestors' cause

The safety of counter-protestors

Mindful of the requirements of the ECHR, domestic courts have taken a particularly robust approach to the 'reasonableness' defence in the Public Order Act 1986.

True

False

The Crime and Courts Act 2013 amended section 5 of the Public Order Act, widening the scope of criminal liability for protestors.

True

False

Which of the following statements provides an accurate account of the provisions of the Protection from Harassment Act 1997 and why may this cause problems for those involved in protest?

The Act prohibits behaviour which causes 'alarm or distress' to a person, which may conflict with the aims of certain protests.

The Act prohibits behaviour which inconveniences others, which is the aim of certain protests.

The Act prohibits behaviour which causes an individual to fear violence, which may conflict with the aims of certain protests.

The Act prohibits harassment, which criminalises protesting by its very nature.

Which of the following are conditions arising from the definition of public assembly in section 16 of the Public Order Act 1986? Select all that apply.

The gathering must be of two or more persons.

The gathering must last for more than one hour.

The gathering must be in a public place.

The gathering must take place wholly or partly in the open air.

Section 14 of the Public Order Act 1986 is complimented by sections 14A-C, which grant the police and other authorities stronger, more coercive powers over protests. Which of the following statements are true in relation to the s14A-C powers compared to the section 14 powers? Select all that apply.

Whereas s14 powers allow conditions to be imposed upon protests, s14A-C allow protests to be shut down entirely.

Whereas s14 allows limitations to be placed upon wholly peaceful protests, s14A-C powers only apply to violent protests.

Whereas s14 powers may be exercised by an individual police officer, s14A-C powers can only be exercised with the permission of the Secretary of State and the local authority.

Whereas s14 powers apply to gatherings of two or more people, s14A-C only apply to gatherings of more than twenty people.

The case of DPP v Jones concerned the extent to which an individual has the right to use the highway. In that case, a 14A order was in place and protestors were arrested for taking part in a prohibited trespassory assembly. What did Lord Irvine conclude?

That there is a public right of peaceful assembly on the highway, so the conditions of a14A were not met.

That the public right to use the highways is limited to travel, so the conditions of s14A were met.

That the public right to use the highways is limited to 15 minutes' standing time, so the conditions of s14A were met.

That the public right to use the highways is unlimited, so the conditions of s14A were not met.

Statutory provisions, firstly in the Serious Organised Crime and Police Act 2005, and then the Police Reform Act 2011, limit the power to protest and demonstrate near which area?

Verified residential areas

Official grounds of military organisations

The official offices of Members of Parliament

Parliament Square

What does the Public Order Act say about public processions?

They are never permitted.

They can be shut down and prohibited if certain conditions are met.

They cannot be shut down entirely, but can be made subject to certain conditions and requirements.

They cannot be regulated at all.

According to its modern legal definition in cases like R v Howell, which of the following does not constitute a breach of the peace?

A person fears being injured.

A person is injured.

A person behaves anti-socially.

A person's property is damaged in his presence.

According to Laporte, the police can exercise their common law powers to prevent a breach of the peace only when the anticipated breach of the peace is imminent.

True

False

Breaching the peace is a criminal action.

True

False

Why did the House of Lords in Austin hold that many hours of 'kettling' in Oxford Circus did not breach Article 5 ECHR?

The 'kettling' was justified under Article 5.

The 'kettling' was not disproportionate.

The 'kettling' was not carried out by the state.

The 'kettling' did not amount to a deprivation of liberty in the first place.

The House of Lords' decision in Austin was conclusively discredited by the Grand Chamber of the European Court of Human Rights.

True

False

Quiz Content