2023년 2월 20일 월요일

What grounds for imposing conditions on public processions under English law?

The police have the power to impose conditions on public processions under certain circumstances. These powers are granted under the Public Order Act 1986, which sets out the legal framework for regulating public assemblies, including marches and demonstrations. The Act allows the police to impose conditions on a public procession if they believe that it may result in serious public disorder, serious damage to property, or serious disruption to the life of the community. The conditions may include restrictions on the route of the procession, the time and duration of the procession, the number of participants, and the use of amplified sound or other equipment. The police may also impose conditions if they believe that the procession is likely to promote or incite hatred, or if it is connected with a political cause or campaign. In these cases, the conditions may be aimed at preventing the spread of hate speech or the incitement of violence. The power to impose conditions on public processions is subject to the requirements of the Human Rights Act 1998, which incorporates the European Convention on Human Rights into UK law. This means that any conditions imposed on a procession must be necessary and proportionate, and must not unduly restrict the right to freedom of expression or peaceful assembly.

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