ABSTRACT
This chapter is concerned with the conflict between the need on the one hand to maintain order and on the other to protect freedom of assembly. The topic lends itself readily to problem questions or essays, but in either case, its concern 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. Problem questions sometimes call on the student to discuss any issues which may arise, as opposed to considering criminal liability only, in which case, any tortious liability incurred by members of an assembly or by police officers may arise as well as questions of criminal liability. The possibility of judicial review of police decisions may also arise.
