Chapter 15 Outline answers to essay questions

Essay answer 1

Introduction

In this type of question, you should begin by identifying the nature and scope of the issues raised by the question. This question requires:
a comprehensive knowledge of the rights of the detained person;
the chronological timetable concerning detention up to the point the police are obliged to release or charge a suspect;
the distinction between terrorist and non-terrorist offences in relation to detention.

The basic rights of the detained person
• PACE (ss 34-51)
• Code of Practice C.

At the police station, the arrested person has the right to:
inform someone of their arrest
seek legal advice; and
examine and read the Codes of Practice.

Chronological timetable

Nobody should be detained for longer than 24 hours without charge. A police officer with the rank of superintendent (or above) can authorize detention for a further 12 hours. Magistrates can authorize further detentions up to a maximum of 96 hours. Once charged, if a person is still in detention, they should be brought before the magistrates the next day (but not on Christmas Day, Good Friday or any Sunday). At the time of writing, if a person is arrested, as a suspected terrorist, different rules apply. A judge can authorize continued detention, in stages, for up to 28 days. You should consider R (on the Application of G) v Chief Constable of West Yorkshire [2008].

Terrorist offences and detention

In this part of your answer, you should show that you are aware of current proposals to extend police powers of detention.

Essay answer 2

Your answer to this question should begin with the proposition that, in English Law everyone is entitled to freedom of association subject to limitations set by law. This question looks at and analyzes the limitations imposed on public processions and public assemblies. You will need cover the following in your answer:

Public Processions

  • According to Section 16 of the 1986 Act a public procession means a procession in a public place.
  • Lord Goddard CJ in Flockhart v. Robinson [1950] 2 KB 498 defined a procession as a body, of persons moving along a route.
  • Lord Brown in the House of Lords’ decision in Kay v Commissioner of Police of the Metropolis [2008] 1 W.L.R. 2723 added that it is implicit in the Public Order Act 1986that only organised processions are within its scope. There is also an assumption that anyone organising a notifiable procession will be able to give the police advance notification of its proposed route.

Advanced Notice of Public Processions

  • Section 11(1) of the Public Order Act 1986: written notice must be given of any proposal to hold a public procession which
  • demonstrates support for or opposition to the views or other people or bodies, or
  • publicises a cause or campaign or
  • marks or commemorates an event
  • unless it is not reasonably practicable to give any advance notice of the procession.
  • Section 11(2) provides that this requirement does not apply
  • where the procession is one commonly or customarily held in the police area (or areas) in which it is proposed to be held or
  • is a funeral
  • Section 11(3) the notice must specify the :
  • date when it is intended to hold the procession,
  • time when it is intended to start it, its proposed route, and
  • name and address of the person (or of one of the persons) proposing to organise it.

Kay v Commissioner of Police of the Metropolis [2008] 1 W.L.R. 2723.

Imposing Conditions on Public Processions

  • Section 12(1) of the Public Order Act 1986: a senior police officer may impose conditions on public processions which he believes are necessary to prevent:
  • disorder,
  • damage,
  • disruption or
  • intimidation,
  • He may also impose conditions concerning the route of the procession and prohibit it from entering any specified public place..

He may impose conditions if he reasonably believes that there will be:

  • serious public disorder, serious damage to property or
  • serious disruption to the life of the community, or
  • the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,

Before imposing any conditions the senior police officer must take into account:

  • the time or place or circumstances; and,
  • the route the proposed procession will take.
  • Section 13(1)of the Public Order Act 1986 a chief officer of police may apply to the district council for an order to prohibit a public procession if they reasonably believe that, exercising powers under Section 12 will not be sufficient to prevent serious public disorder. Such an order cannot prohibit a procession for more than three months.

Public Assemblies

In this part of your answer you need to cover the following points:

  • Section 16 of the Public Order Act 1986 as amended by Section 57 of the Anti-Social Behaviour Act 2003: a public assembly consists of two or more persons meeting in a public place which is wholly or partly open to the air. This includes highways and roads as well as any place to which the public or any section of the public has access. This includes places where the public pay in order to gain access and any place where members of the public have express or implied permission to be there.

Imposing Conditions on Public Assemblies

  • Section 14(1) of the Public Order Act 1986 allows a senior police officer to impose conditions on public assemblies appear to him necessary to prevent:
  • disorder,
  • damage,
  • disruption or
  • intimidation.

These conditions concern

  • the place at which the assembly may be (or continue to be) held,
  • its maximum duration, or
  • the maximum number of persons who may constitute it,

Before deciding to impose the conditions the senior police officer must consider the time or place at which and the circumstances in which any public assembly is being held or is intended to be held and reasonably believe that it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.

A direction under Section 14 of the Act that some or all members of an assembly disperse can include a direction that they disperse by a specified route and that they stay in a particular place for as long as is necessary for the dispersal to be effected consistently with the objectives of preventing disorder, damage, disruption or intimidation, and of taking reasonable care for the safety of themselves and others. This was determined by Tugendhat J. in Austin v Commissioner of Police of the Metropolis [2005] H.R.L.R. 20.

Essay answer 2

The answer to this question should be divided into two parts. In the first part of your answer you should explain exactly what terrorism prevention and investigation measures, how and when they are imposed and by whom. You will need to discuss the Home Secretary’s powers under Section 2(1) of the Terrorism Prevention and Investigation Measures Act 2011 to issue TPIM notices which impose specified terrorism prevention and investigation measures on individuals. You should then discuss the nature and scope of the requirements and restrictions which can be imposed. The second part of your answer should focus on the nature and scope of Condition A to E.