Static Demonstrations and Assemblies
Unlike public processions, there is normally no requirement to give prior notice of an assembly but, under the Public Order Act, the police do have specific powers to control assemblies. Two persons can constitute an ‘assembly’. A public place is any highway (including the pavement) and any other place to which the public or a section of the public can have access.
The senior police officer at the scene has the power to impose conditions but only if he or she reasonably believes that:
The only conditions may be imposed on a public assembly under POA are on:
Demonstrations in the vicinity of Parliament
The Serious Organised Crime and Police Act 2005 (SOCPA) introduced a new set of criteria for demonstrations in the vicinity of Parliament. If you want to conduct a ‘demonstration’ in the ‘designated area’ must give written notice to the Metropolitan Police Commissioner stating the date and time when the demonstration is to be carried out, how it is to be carried out, and whether it is to be carried out by him/herself or not. The notice must, if reasonably practicable, be given not less than six clear days before the day on which the demonstration is to start, or if not reasonable practicable, as soon as it is, and in any event, not less than 24 hours before the time the demonstration is to start.
What is a ‘Demonstration’ is not defined but it is possible for one person to carry out a ‘demonstration’ on his or her own. In fact, a lone woman reading the names of the soldiers killed in Iraq has been held to constitute a ‘demonstration’. However, processions which require notification under section 11 of the POA (see Marches and Processions) are not covered by this provision. The designated area is a large area of around parliament that includes all of Whitehall, some parts of the Southbank, as well as Westminster and Parliament Square itself. Trafalgar Square is not included in the designated area.
The Commissioner must give authorisation to a demonstration if the required notice is given. However, he may impose conditions if these are necessary to prevent:
If a demonstration is carried out in the designated area without authorisation, both the organisers and the participants will be guilty of an offence. It is also an offence to knowingly fail to comply with a condition which imposed on the demonstrators, although there is a defence if the demonstrator can show that the failure to comply with the condition arose from circumstances beyond his or her control.
The senior police officer at the scene has the power to impose conditions but only if he or she reasonably believes that:
- The conditions are necessary to prevent serious public disorder, serious damage to property or serious disruption to the life of the community, or
- The purpose
The only conditions may be imposed on a public assembly under POA are on:
- Location of the assembly,
- Maximum number of people participating in the assembly,
- Maximum duration of the assembly
Demonstrations in the vicinity of Parliament
The Serious Organised Crime and Police Act 2005 (SOCPA) introduced a new set of criteria for demonstrations in the vicinity of Parliament. If you want to conduct a ‘demonstration’ in the ‘designated area’ must give written notice to the Metropolitan Police Commissioner stating the date and time when the demonstration is to be carried out, how it is to be carried out, and whether it is to be carried out by him/herself or not. The notice must, if reasonably practicable, be given not less than six clear days before the day on which the demonstration is to start, or if not reasonable practicable, as soon as it is, and in any event, not less than 24 hours before the time the demonstration is to start.
What is a ‘Demonstration’ is not defined but it is possible for one person to carry out a ‘demonstration’ on his or her own. In fact, a lone woman reading the names of the soldiers killed in Iraq has been held to constitute a ‘demonstration’. However, processions which require notification under section 11 of the POA (see Marches and Processions) are not covered by this provision. The designated area is a large area of around parliament that includes all of Whitehall, some parts of the Southbank, as well as Westminster and Parliament Square itself. Trafalgar Square is not included in the designated area.
The Commissioner must give authorisation to a demonstration if the required notice is given. However, he may impose conditions if these are necessary to prevent:
- Serious public disorder,
- Serious damage to property,
- Disruption to the life of the community,
- Risk to security or to health and safety,
- Hindrance to the proper operation of Parliament or to any person wishing to leave or enter Parliament.
If a demonstration is carried out in the designated area without authorisation, both the organisers and the participants will be guilty of an offence. It is also an offence to knowingly fail to comply with a condition which imposed on the demonstrators, although there is a defence if the demonstrator can show that the failure to comply with the condition arose from circumstances beyond his or her control.
