ABSTRACT
Freedom of assembly is a subject which almost invariably appears on examination papers in civil liberties, often, but not always, in the form of a problem question. The concern in such questions is with the conflict between the need on the one hand to maintain public order and, on the other, to protect freedom of assembly. Whether problem questions or essays are set, the concern in either case will be with those provisions of the criminal law most applicable in the context of demonstrations, marches or meetings. The common law power to prevent a breach of the peace is still extensively used. Students should be aware of recent decisions on this power. The Public Order Act 1986 is still the most significant statute, but it is also particularly important to bear in mind the public order provisions of the Criminal Justice and Public Order Act 1994. The Serious and Organised Crime Act 2005 ss 132-138 could be mentioned in a general question about freedom of assembly or in a specific question relating to demonstrations in the vicinity of Parliament. The Criminal Justice and Police Act 2001 could be mentioned in relation to harassing behaviour directed at persons in dwellings. The Racial and Religious Hatred Act 2006 adds Part 3A to the Public Order Act, and would be relevant if issues of hate speech arise in a question. The relevance of any particular provision obviously depends on the wording of the question; there are a very large number of public order provisions and questions are unlikely to cover all of them. Police powers (covered in Chapter 5), may also be relevant. Freedom of association tends to be considered in an essay question which also covers freedom of assembly, but it sometimes arises as an independent essay topic.
