Details
- Provides a systematic in-depth analysis of the law relating to public order and the right to protest, as well as procedure and evidential issues
- Written by a team of expert practitioners, including His Honour Judge Peter Thornton QC
- Examines all offences brought in by statute since the Public Order Act 1986, as well as common law offences - includes coverage of riot and affray, picketing, aggravated trespass, incitement to racial and religious hatred, and possession offences
- Provides comprehensive coverage of all key legislation including the Public Order Act 1986, the Criminal Justice and Public Order Act 1994, the Anti-Terrorism, Crime and Security Act 2001 and the Serious Organised Crime and Police Act 2005
- Clear and practical layout gives practitioners easy access to important principles and key cases
- Analyses the case law in both the domestic and European human rights context including Brutus v Cozens, DPP v Jones, Ezelin v France, Hubbard v Pitt, R v Howell, and Steele v UK.
- Looks at the legal principles and constitutional background
The landscape of public order law has changed dramatically over the last decade. A wide range of legislation - including the Serious Organised Crime and Police Act 2005 and the Anti-Terrorism, Crime and Security Act 2001 has been enacted, and established legislation on trespass, criminal damage and the use of the highway, has been put to new use in the criminalisation of protestors.
The Law of Public Order and Protest provides a systematic, in-depth analysis of the law relating to public order and the right to protest. The text provides a comprehensive guide to the area, analysing the underlying legal principles and constitutional and human rights background, as well as guiding readers through all procedural matters, the use of police powers, evidential issues, defences, and available orders (including ASBOs). The narrative also analyses the case law in both the domestic and European human rights context.
The comprehensive work examines all offences brought in by statute since the Public Order Act 1986 as well as the remaining common law offences. It features offences from riot and affray, through to picketing, harassment, aggravated trespass, incitement to racial and religious hatred, and possession offences. It is up to date with the latest legislative interventions, including the new offence of glorifying terrorism, and measures introduced under the Serious Organised Crime and Police Act 2005. This new work steers you through the maze of legislation in this complex area.
Readership: The primary readership will be criminal lawyers (defence and prosecution) and judges. There will be secondary markets amongst public law practitioners and academics.
1: The Public Order Act 1986: Offences
A. Introduction
B. Riot: Public Order Act 1986, s 1
C. Violent Disorder: Public Order Act 1986, s 2
D. Affray: Public Order Act 1986, s 3
E. Fear or Provocation of Violence: Public Order Act 1986, s 4
F. Harassment, Alarm, or Distress: s 5
G. Intentional Harassment, Alarm or Distress: Public Order Act 1986, s 4A
2: Other Public Order Offences
A. Overview
B. Assault on or Obstruction of a Constable in the Execution of his Duty
C. Prohibition of Political Uniforms
D. Prohibition of Quasi-Military Organizations
E: Bomb Hoaxes
F: Racial and Religious Hatred
G: Public Nuisance
H: Criminal Damage
I. Animal Research Facilities
J. Contamination or Interfering with Goods
K. Intimidation, including Watching and Besetting
L. Drunk and Disorderly
M. Football Related Disorder
N: Taking a Photograph of a Police Officer
3: Processions, Assemblies, and Meetings
A. Overview
B. Processions
C. Assemblies
D. Meetings
E. Parliament Square
F. Other Specific Areas
G. Other Offences Specific to Location
H. By-Laws
4: Use of the Highway
A. Introduction
B. Definition of the Highway
C. Use of the Highway
D. Obstruction of the Highway
E. Picketing
F. Police Road Blocks
G. By-Laws
H. Street-based Prostitution
5: Trespass to Land
A. Introduction
B. Civil Law of Trespass to Land
C. Criminal Law
6: Police Powers Before Arrest
A. The Nature of Policing
B. Contact with the Police Short of Arrest
C. Establishing Identity
D. Control of Movement
E. Stop and Search: Before Arrest
F. Breach of the Peace
G. The Use of Force by the Police
H. Conclusion
7: Arrest, Detention, and Bail
A. Arrest
B. Detention at the Police Station
C. Bail Conditions and Remands in Custody After Charge
8: Defences of Excuse and Justification
A. Introduction
B. General Principles
C. The Prevention of Crime
D. The Protection of Property
E. Necessity/Duress of Circumstances
F. Acting in the Public Interest
9: Punishment, Appeals, and Restrictive Orders
A. Sentencing Principles in Protest Cases
B. Binding Over
C. Alternatives to Conviction
D. Appeals
E. Injunctions
F. Anti-Social Behaviour Orders (ASBOs)
G. Football Banning Orders
10: Human Rights
A. Introduction
B. Articles 10 and 11
C. Article 9: Freedom of Thought, Conscience, and Religion
D. Article 8: Right to Respect for Private and Family Life
E: Article 5: Right to Liberty and Security
F: Article 6: Right to a Fair Trial
G: Article 2: Right to Life
H: Article 3: Prohibition of Torture
Index
HHJ Peter Thornton QC, Senior Circuit Judge, Central Criminal Court, Ruth Brander, Barrister, Doughty Street Chambers, Richard Thomas, Barrister, Doughty Street Chambers, David Rhodes, Barrister, Doughty Street Chambers, Mike Schwarz, Partner, Bindmans LLP, and Edward Rees, Barrister, Doughty Street Chambers
"...an excellent book... Practitioners will appreciate the benefits of comprehensive coverage in a single source." - Owen Greenhall, Socialist Lawyer
"You're not a lawyer? Don't worry. You'll find this readable and scholarly volume a topical and fascinating read. If you are a lawyer, run out and buy this book. You never know in this turbulent age of protest and dissent, when you're going to need it. "
