For this answer plan, we’ll be looking at Question 1 from Chapter 8.

Twelve members of the ‘No Abortion Campaign’ are protesting on the pavement outside an abortion clinic on Eastby High Street. They are displaying placards with the words ‘No to abortion’ and speakingto each woman who enters the clinic, asking her to consider whether she is ‘doing the right thing’.

The owner of the abortion clinic summons the police and PC Kent arrives. She stands on the pavement observing the ‘No Abortion Campaign’ members, but takes no action.

Then twelve members of a group in favour of abortion, ‘Women’s Choice’, arrive and start shouting at the ‘No Abortion Campaign’ members, using insulting words. Three of the members of ‘Women’sChoice’ throw stones, breaking the windows of the clinic.

PC Kent asks the ‘No Abortion Campaign’ members to leave, which they unwillingly do. They slowly walk the half a mile down the High Street to the railway station.

PC Kent, together with other police officers who have joined her, follow them to the railway station where they arrest them.

Advise the ‘No Abortion Campaign’ on whether they have committed any public order offences and whether the police actions are legal.

(Identify the Issues)

First we have to identify the different participants and what they are doing. The No Abortion Campaign are conducting a seemingly peaceful protest on the pavement outside an abortion clinic. They later walk to the railway station. Have they committed any offences? Another group, Women’s Choice, are staging a counter demonstration, shouting insults and throwing stones. Have they committed any offences? PC Kent is a police officer on the scene. What must she do to maintain public order?

(Relevant Law)

The provisions of the Public Order Act 1986 which could apply to this situation need to be explained: namely sections 4, 5, 1, 2 and 14. The offence of obstruction of the highway needs to be explained, as does the police common law power to maintain the peace. The rights of peaceful assembly and freedom of expression under the European Convention of Human Rights also need to be considered.

(Apply the Law)

The No Abortion Campaign are non-violent and are pursuing their rights peacefully.

Women’s Choice are violent.

PC Kent has considerable legal powers but has discretion on how she uses them

(Conclude)

The No Abortion Campaign have committed no offences and should have been allowed to continue their peaceful protest.

Women’s Choice have committed a number of offences and should have been arrested.

PC Kent has exercised her discretionary legal powers wrongly.