Protest and Disorder: The Public Order Act 1986

This commentary is based on a talk for the Hull Law Centre Project. Many thanks to Elaine Fishwick for her help in preparing it for CSP.

See, eg on nationality law, Dixon D. ‘Thatcher's people’ Journal of Law and Society (1983), 161–180 and, on social security, Alcock, P. ‘the Fowler reviews’ Critical Social Policy no 14 (1985/6).

The reports on which the Act is based are: The Law Relating to Public Order, 5th Report from the Home Affairs Committee, (1979–80) HC 756-1; Law Commission, Offences Relating to Public Order. (1983–84) HC 85; The Brixton Disorders: Report of an Inquiry by Lord Scarman, Cmnd. 8427, 1981; Committee of Inquiry into Crowd Safety and Control at Sports Grounds: Final Report, Cmnd. 9710, 1986; Review of the Public Order Act and Related Legislation, Cmnd.7891; Review of Public Order Law, Cmnd. 9510, 1985.

Eg, the recent influence of immigration officers on visa policy; sec JCWI Bulletin, November 1986, pp 1–3. Cf. Kettle M. , ‘The drift to law and order’, in Hall S. , Jacques M. , eds. The Politics of Thatcherism, London, Lawrence and Wishart, 1983.

Lord Denning, 476 H.L. Deb. (13June 1986), cc. 563–564.

Cf. Dixon D. , Fishwick E. ‘The law & order debate in historical perspective’, in Norton P. , ed. Law & Order & British Politics, Aldershot, Gower, 1984.

Hall S. Drifting into a Law and Order Society London. Dobden Trust, 1980, p 9.

Hall S. ‘No light at the end of the tunnel’, Marxism Today, December 1986, 12–16, at p 14.

Neald G. , Wybrow R.J. The Gallup Survey of Britain London, Croom Helm, 1986. pp 164, 172–173; cf. Hall, op cit, pp. 3–4.

This applies to processions of any size intended a) to demonstrate support for or opposition to the views or actions of any person or body of persons, b) to publicise a cause or campaign, or c) to mark or commemorate an event', except ones which are ‘commonly or customarily held’ and funerals.

A public assembly is defined as ‘an assembly of 20 or more persons in a public place which is wholly or partly open to the air’. The Government originally proposed that merely three people could consitute an assembly and be subjected to conditions.

481 H.L. Deb. 21 October 1986. c. 443.

NAPO Briefing, CJ 39/86, 15 July 1986.

Hall , op cit, n.8, p 14.