NEW CLAUSES AND AMENDMENTS RELATING TO BEHAVIOUR IN VICINITY OF PARLIAMENT SQUARE
Demonstrating without authorisation in designated area
Mr Secretary Clarke
NC18
To move the following Clause:—
'(1) Any person who—
| (a) | organises a demonstration in a public place in the designated area, or |
| (b) | takes part in a demonstration in a public place in the designated area, or |
| (c) | carries on a demonstration by himself in a public place in the designated area, |
is guilty of an offence if, when the demonstration starts, authorisation for the demonstration has not been given under section (Authorisation of demonstrations in designated area)(2).
(2) It is a defence for a person accused of an offence under subsection (1) to show that he reasonably believed that authorisation had been given.
(3) Subsection (1) does not apply if the demonstration is—
| (a) | a public procession of which notice is required to be given under subsection (1) of section 11 of the Public Order Act 1986 (c.64), or of which (by virtue of subsection (2) of that section) notice is not required to be given, or |
| (b) | a public procession for the purposes of section 12 or 13 of that Act. |
(4) Subsection (1) also does not apply in relation to any conduct which is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52).
(5) If subsection (1) does not apply by virtue of subsection (3) or (4), nothing in sections (Notice of demonstrations in designated area) to (Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary directions): penalties) applies either.
(6) Section 14 of the Public Order Act 1986 (c.64) (imposition of conditions on public assemblies) does not apply in relation to a public assembly which is also a demonstration for the purposes of this section.
(7) In this section and in sections (Notice of demonstrations in designated area) to (Loudpeakers in designated area)—
| (a) | "the designated area" means the area specified in an order under section (The designated area), |
| (b) | "public place" means any highway or any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, |
| (c) | references to any person organising a demonstration include a person participating in its organisation, |
| (d) | references to any person organising a demonstration do not include a person carrying on a demonstration by himself, |
| (e) | references to any person or persons taking part in a demonstration (except in subsection (1) of this section) include a person carrying on a demonstration by himself.'. |
Notice of demonstrations in designated area
Mr Secretary Clarke
NC19
To move the following Clause:—
'(1) A person seeking authorisation for a demonstration in the designated area must give written notice to that effect to the Commissioner of Police of the Metropolis (referred to in this section and section (Authorisation of demonstrations in designated area) as "the Commissioner") not less than 6 clear days before the day on which the demonstration is to start.
(2) The notice must be given—
| (a) | if the demonstration is to be carried on by more than one person, by any of the persons organising it, |
| (b) | if it is to be carried on by a person by himself, by that person. |
(3) The notice must state—
| (a) | the date and time when the demonstration is to start, |
| (b) | the place where it is to be carried on, |
| (c) | how long it is to last, |
| (d) | whether it is to be carried on by a person by himself or not, |
| (e) | the name and address of the person giving the notice. |
(4) A notice under this section must be given by—
| (a) | delivering it to a police station in the metropolitan police district, or |
| (b) | sending it by post by recorded delivery to such a police station. |
(5) Section 7 of the Interpretation Act 1978 (c.30) (under which service of a document is deemed to have been effected at the time it would be delivered in the ordinary course of post) does not apply to a notice under this section.'.
Authorisation of demonstrations in designated area
Mr Secretary Clarke
NC20
To move the following Clause:—
'(1) This section applies if a notice complying with the requirements of section (Notice of demonstrations in designated area) is received at a police station in the metropolitan police district at least 6 clear days before the day on which the demonstration to which it relates is to start.
(2) The Commissioner must give authorisation for the demonstration.
(3) In giving authorisation, the Commissioner may impose on the persons organising or taking part in the demonstration such conditions specified in the authorisation and relating to the demonstration as in the Commissioner's reasonable opinion are necessary for the purpose of preventing any of the following—
| (a) | hindrance to any person wishing to enter or leave the Palace of Westminster, |
| (b) | hindrance to the proper operation of Parliament, |
| (c) | serious public disorder, |
| (d) | serious damage to property, |
| (e) | disruption to the life of the community, |
| (f) | a security risk in any part of the designated area, |
| (g) | risk to the safety of members of the public (including any taking part in the demonstration). |
(4) The conditions may, in particular, impose requirements as to—
| (a) | the place where the demonstration may, or may not, be carried on, |
| (b) | the times at which it may be carried on, |
| (c) | the period during which it may be carried on, |
| (d) | the number of persons who may take part in it, |
| (e) | the number and size of banners or placards used, |
| (f) | maximum permissible noise levels. |
(5) The authorisation must specify the particulars of the demonstration given in the notice under section (Notice of demonstrations in designated area) pursuant to subsection (3) of that section, with any modifications made necessary by any condition imposed under subsection (3) of this section.
(6) The Commissioner must give notice in writing of—
| (b) | any conditions imposed under subsection (3), and |
| (c) | the particulars mentioned in subsection (5), |
to the person who gave the notice under section (Notice of demonstrations in designated area).
(7) Each person who takes part in or organises a demonstration in the designated area is guilty of an offence if —
| (a) | he knowingly fails to comply with a condition imposed under subsection (3) which is applicable to him (except where it is varied under section (Supplementary directions), or |
| (b) | he knows or should have known that the demonstration is carried on otherwise than in accordance with the particulars set out in the authorisation by virtue of subsection (5). |
(8) It is a defence for a person accused of an offence under subsection (7) to show—
| (a) | (in a paragraph (a) case) that the divergence from the particulars, or |
| (b) | (in a paragraph (b) case) that the failure to comply, |
arose from circumstances beyond his control, or from something done with the agreement, or by the direction, of a police officer.
(9) The notice required by subsection (6) may be sent by post to the person who gave the notice under section (Notice of demonstrations in designated area) at the address stated in that notice pursuant to subsection (3)(e) of that section.'.
Supplementary directions
Mr Secretary Clarke
NC21
To move the following Clause:—
'(1) This section applies if the senior police officer reasonably believes that it is necessary, in order to prevent any of the things mentioned in paragraphs (a) to (g) of subsection (3) of section (Authorisation of demonstrations in designated area)—
| (a) | to impose additional conditions on those taking part in or organising a demonstration authorised under that section, or |
| (b) | to vary any condition imposed under that subsection or under paragraph (a) (including such a condition as varied under subsection (2)). |
(2) The senior police office may give directions to those taking part in or organising the demonstration imposing such additional conditions or varying any such condition already imposed.
(3) A person taking part in or organising the demonstration who knowingly fails to comply with a condition which is applicable to him and which is imposed or varied by a direction under this section is guilty of an offence.
(4) It is a defence for him to show that the failure to comply arose from circumstances beyond his control.
(5) In this section, "the senior police officer" means the most senior in rank of the police officers present at the scene (or any one of them if there are more than one of the same rank).'.
Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary directions): penalties
Mr Secretary Clarke
NC22
To move the following Clause:—
'(1) A person guilty of an offence under section (Demonstrating without authorisation in designated area)(1)(a) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both.
(2) A person guilty of an offence under section (Demonstrating without authorisation in designated area)(1)(b) or (c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) A person guilty of an offence under section (Authorisation of demonstrations in designated area)(7) or (Supplementary directions)(3) is liable on summary conviction—
| (a) | if the offence was in relation to his capacity as organiser of the demonstration, to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both, |
| (b) | otherwise, to a fine not exceeding level 3 on the standard scale. |
(4) A person who is guilty of the offence of inciting another to—
| (a) | do anything which would constitute an offence mentioned in subsection (1), (2) or (3), or |
| (b) | fail to do anything where the failure would constitute such an offence, |
is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both, notwithstanding section 45(3) of the Magistrates' Courts Act 1980 (c.43).
(5) A constable in uniform may arrest without warrant anyone he reasonably believes is committing an offence mentioned in subsection (1) to (4).
This subsection ceases to have effect on the coming into force of section 104.'.
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