The Public Order Act 1986 is an Act of the Parliament of the United Kingdom designed to address issues related to public order. It creates a framework for managing public demonstrations, processions, and gatherings, aiming to balance the rights of individuals to assemble and express themselves against the need to prevent disorder and protect the public. This legislation replaced various common law offences and parts of the Public Order Act 1936, incorporating recommendations from the Law Commission's 1983 report, which advocated for updating and clarifying laws relating to public order.
Background
The need for the Public Order Act 1986 emerged from several high-profile incidents of public disorder in the UK, including the Southall riot in 1979, the Brixton riots of 1981, and events related to the national miners' strike between 1984 and 1985, such as the Battle of Orgreave. These events highlighted the limitations of existing laws in managing public order effectively. The Law Commission's report further underscored the necessity for reform, proposing the abolition of common law offences like riot, rout, unlawful assembly, and affray, and suggesting new, more comprehensible legislation.
Offences under the Public Order Act 1986
The Act defines and sets penalties for riots, violent disorders, and affray. A riot is described as an assembly of 12 or more people using or threatening unlawful violence for a common purpose, and the severity of the penalty reflects the seriousness of the disturbance. The Act also introduces other key offences, including violent disorder, affray, fear or provocation of violence, intentional harassment, alarm or distress, and harassment, alarm or distress. It abolished previous common law offences and certain statutory offences, aiming to provide a clear legal basis for managing public order.
Processions and Assemblies
Significant provisions under the Act pertain to the management of public processions and assemblies. It requires organisers of public processions to notify the police in advance, allowing the police to impose conditions or, in certain cases, prohibit processions or assemblies altogether to prevent serious public disorder, damage, or disruption.
Racial and Religious Hatred
The Act addresses the stirring up of racial hatred and was later amended to include offences related to religious hatred and hatred on the grounds of sexual orientation. The Act makes it an offence to use threatening, abusive words, or behaviour, or display any writing, sign, or other visible representation which is threatening, within the hearing or sight of a person likely to be caused harassment, alarm, or distress by such actions. It also makes it an offence to express or distribute racist material or to make inflammatory public speeches that could stir up racial hatred. These provisions aim to prevent speech or actions that could incite discrimination or violence against specific groups.
Police Powers and Human Rights
The Act grants the police specific powers to control public demonstrations and gatherings. This includes the authority to impose conditions on the timing, location, and conduct of public assemblies and processions to prevent serious public disorder, serious damage to property, serious disruption to the life of the community, or the intimidation of others. However, the Act should be considered alongside Article 11 of the European Convention on Human Rights, which protects the rights to peaceful assembly and association. This highlights the Act's role in balancing individual freedoms with the need to maintain public order.
Implications and Criticisms
The Act is instrumental in maintaining public order and protecting individuals and communities from violence and harassment. However, it has also faced criticism from various quarters. Some critics argue that certain provisions of the Act can be used to limit freedom of expression and the right to peaceful assembly. Concerns have been raised about the broad powers granted to the police to restrict protests and the potential for these powers to be used in a manner that could stifle legitimate dissent.
Despite these criticisms, the Act remains a cornerstone of the UK's legal framework for managing public order. It seeks to balance the fundamental rights of individuals to express their opinions and assemble peacefully with the need to protect the public and maintain order. The application of the Act often involves careful consideration of this balance, with the courts playing a crucial role in interpreting its provisions in a manner that respects both public safety and individual freedoms.
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