Posts Tagged ‘Public Order Act’

Protesting Margaret Thatcher’s funeral

April 16th, 2013

margaret-thatcher

David Fowler / Shutterstock.com

There are some fears that the funeral procession of Margaret Thatcher tomorrow could turn into a debacle of protest and arrest.

The Observer reported on Sunday that Commander Christine Jones, the police officer who will be in charge on the day, “warned” that police officers will have the power to arrest protesters under Section 5 of the Public Order Act on the day.

This isn’t exactly unusual; after all, the police always have the law at their disposal.

But it’s worth noting how problematic Section 5 of the Public Order Act can be, particularly in situations like tomorrow’s.

The section makes it an offence to engage in language (including writing on a placard) or behaviour “within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby”.

This has led to problems for free speech and free protest in the past, from the arrest of Christian preachers to the conviction of Al Muhajiroun poppy-burner Emdadur Choudhury.

Considering the mix of Thatcher fans, tourists and events junkies who will line the route of the funeral cortege tomorrow along with the expected protesters, it is conceivable that any protest could be construed as likely to cause “harassment, alarm or distress” to someone. The issue is whether that likelihood alone enough to cause the police to intervene? Or should the deployment of the Public Order Act be limited to times when there are genuine threats to public order?

Tomorrow’s funeral, while not a “state funeral” as such, is most certainly a public event.

And being a public event, it will be open to protest: the police officers on duty tomorrow will need to bear in mind that they have a duty not just to safeguard the funeral proceedings, but to safeguard free expression too.

Padraig Reidy is senior writer at Index on Censorship. @mePadraigReidy

 

Index interview: Keir Starmer

March 4th, 2013

The Director of Public Prosecutions talks to Index about Twitter, Facebook and free speech
Keir Starmer 600x400
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“Human rights are not an impediment to effective policing”

February 4th, 2013

Index on Censorship’s Kirsty Hughes talks to Sir Hugh Orde, one of the UK’s most senior police officers, about protest, public order and politics
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UK: Public Order Act may drop “insulting” as an offence

December 10th, 2012

Section 5 of the 1986 Public Order Act could be adjusted to remove the word “insulting” from legislation, it was announced today (10 December). Director of public prosecutions Keir Starmer has said that past cases could be classified as “abusive”, as opposed to “insulting”. Section 5 has stirred controversy in the past: in 2010, a Christian preacher was charged with a public order offence for telling a police officer homosexuality was “a sin”. A Home Office spokesman told the Telegraph that it had “consulted on removing ‘insulting’ from the Act and was considering the responses.” The House of Lords will take a vote on the matter on Wednesday (12 December).

Manchester man given eight months jail for cop-killer T-shirt

October 11th, 2012

A man has been sentenced to a total of eight months in prison by a Manchester court for wearing a T-shirt daubed with offensive comments referring the murders of PC Fiona Bone and PC Nicola Hughes. Barry Thew, of Radcliffe, Greater Manchester admitted to a Section 4A Public Order Offence today (11 October) for wearing the T-shirt, on which he had written the messages “”One less pig; perfect justice”” and “killacopforfun.com haha”. Inspector Bryn Williams, of the Radcliffe Neighbourhood Policing Team, said: “To mock or joke about the tragic events of that morning is morally reprehensible and Thew has rightly been convicted and sentenced for his actions.” Thew had been reported to police after wearing the article around three-and-a-half hours after the officers were shot dead in Greater Manchester on 2 October. UPDATE: According to the Manchester Evening News, four months of Thew’s sentence was handed down for breach of a previous suspended sentence Also this week 08 October 2012 | Man jailed for offensive Facebook comments about missing schoolgirl 09 October 2012 | Yorkshire man sentenced over offensive Twitter comments directed at soldiers  

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