Campaign for Free Assembly: March 2009

Monday 23 March 2009

Publication of The Joint Committee on Human Rights' Report on Policing and Protest

The JCHR on Policing and Protest has finally published its report with some good news and others not so.
The good news in their recommendations:
'The Government should amend Section 5 of the Public Order Act. Reference to insulting words or behaviour should be removed. This change would allow the police to arrest people for using threatening or abusive language or behaviour but not for using insulting language or behaviour.

Counter-terrorism powers should never be used against peaceful protestors: the Government's guidance on stop and search powers in Section 44 of the Terrorism Act 2000 should make this clear.

The Government should protect the right to freedom of peaceful assembly around Parliament by repealing the Serious Organised Crime and Police Act 2005.'

'Where preventing protest on private land to which the public routinely has access would effectively deprive individuals of their right to peaceful protest, the Government should consider the position of quasi-public spaces to ensure that the right to protest is preserved.'

Some of the not so good news in their recommendations:
'Protest around Parliament should be governed by the Public Order Act 1986. However, the 1986 Act should be amended to deal with the specific circumstances of Parliament, so as to allow Parliamentarians and others to access and work in Parliament whilst protest is ongoing.'

'SUPPLEMENTING THE PUBLIC ORDER ACT

137. We consider that protest around Parliament should be governed by the Public Order Act, in particular the police power to impose conditions on protests under section 14. There is a case, however, for amending section 14 to deal with the specific circumstances of Parliament. Although the Public Order Act could be invoked if protestors sought to prevent people from entering Parliament, it is unlikely to be of assistance where there is doubt as to whether the "purpose" of the organisers is "to intimidate others". Consequently, we recommend that the Public Order Act should be amended to enable conditions to be placed on static protests where they seriously impede, or it is likely that they will seriously impede, access to Parliament.'

‘We recommend that the Home Office, the police, Westminster City Council and the parliamentary authorities should develop alternative arrangements to manage noise levels from protest in Parliament Square, including consideration of whether legislative change is necessary and whether maximum noise levels should be imposed and enforced effectively.’

You can find this report at:
http://www.publications.parliament.uk/pa/jt200809/jtselect/jtrights/47/4702.htm

The Rule of (Their) Law

• Section 128 of the Serious Organised Crime and Police Act 2005 makes it an offence to trespass (enter land or buildings without the consent of the owner) on any ‘designated site’. ‘Designated sites’ are Crown Lands, private properties of the Queen or her heir to the throne or any site that the Secretary of the State considers appropriate to designate. Maximum penalty: one year imprisonment and/or £5000 fine. Many military bases in the UK are now ‘designated sites’.

• Section 132 of the Serious Organised Crime and Police Act 2005 allows the police to impose conditions on demonstrations and arrest unauthorised protesters within 1km of Parliament. Maximum penalty: three months imprisonment and/or £2500 fine. A ‘demonstration’ is one or more people expressing an opinion.

• Section 145 of the Serious Organised Crime and Police Act 2005 makes it an offence to ‘interfere with contractual relationships so as to harm animal research organisations’. To harm an animal research organisation means to cause the organisation to suffer loss or damage of any description, or to prevent or hinder the carrying out by the organisation of any of its activities. Maximum penalty: one year imprisonment and/or £5000 fine.

• Section 50 of the Police Reform Act 2002 allows police to demand the name and address of anyone suspected of acting in an 'anti-social manner'. It has often been used on protesters. Maximum penalty for refusal to comply: £1000 fine.

• Section 44 of the Terrorism Act 2000 allows police officers to search anyone in a public place for placards, leaflets or other protest materials, without needing any grounds for the search. Maximum penalty for refusal to comply: six months imprisonment and/or £5000 fine. Any details for e.g. bank cards, Oyster, driving license will be recorded.

• Sections 11, 12 and 13 of the Public Order Act 1986 force organisers to give the police written advance notice of a procession, give the police power to impose conditions on processions, including conditions as to the route of the procession or prohibiting it from entering any public place, preventing leafleting and censoring banners or placards. Section 13 also gives the Police the power to ban a procession. Maximum penalty for refusal to comply: three months imprisonment and/or £2500 fine. A ‘procession’ is any two or more people moving in the same direction.

• Section 14 of the Public Order Act 1986, as amended by the Anti-Social Behaviour Act 2003, contains a similar power to Section 12 of POA 1986 but for public assemblies, allowing conditions to be put on the number of people who may take part, the location of the assembly, and its maximum duration. Maximum penalty for refusal to comply: three months imprisonment and/or £2500 fine. An ‘assembly’ is any two or more people with the same idea, standing still.

• Section 68 of the Criminal Justice and Public Order Act 1994, as amended by the Anti-Social Behaviour Act 2003, prevents any demonstration on private land, including semi-public spaces like shopping centres or the whole of Canary Wharf. Maximum penalty for refusal to comply: three months imprisonment and/or £2500 fine.

• Section 60 of the Criminal Justice and Public Order Act 1994, as amended by the Anti-terrorism, Crime and Security Act 2001, contains a power which can authorise police officers within a given area to stop and search for offensive opinions. Maximum penalty for refusal to comply: one month imprisonment and/or £2500 fine.