Article 11 ECHR Restrictions (Common & Statutory)

• Statutory Restrictions


  Legal restrictions on certain activities
• Criminal Justice and Public Order Act


  Legislation that provides powers to deal with trespassers and public order issues
• Removing trespassers from land

  1. s.61

  2. s.62
• s.61 of the Criminal Justice and Public Order Act (CJPOA) 1994


  Enables a police officer to direct trespassers to leave the land if certain conditions are met
• s.62 of the CJPOA 1994


  Provides the police with powers to seize vehicles of persons failing to comply with a direction under s.61
• Rave


  A gathering on land in the open air of 20 or more persons at which amplified music is played during the night and by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality
• Police powers regarding raves


  s.63 CJPOA 1994 gives the police powers to direct persons gathering on land for a rave to leave
• Aggravated trespass


  An offence committed when a person trespasses on land and does anything intended to intimidate, obstruct or disrupt a lawful activity
• Following the case of DPP v Chivers (2010), the word 'land' includes a building
• The s.68 offence of aggravated trespass is capable of being committed by hunt saboteurs, motorway protesters or any protesters who are trespassing on land, but it is not limited to protest groups
• Trespassory assemblies


  s.70 CJPOA 1994 amends the Public Order Act 1986 to allow a chief officer of police to apply for an order prohibiting the holding of a trespassory assembly
• Squatting


  The offence of squatting in a residential building under s.144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
• The offence of squatting requires the individual to be in the residential building as a trespasser, know or ought to know they are a trespasser, and be living or intending to live in the building
• Using violence to enter premises (to squat)

  Offences under ss 6 and 7 of the Criminal Law Act 1977 relating to entering property without lawful authority and remaining there
• Breach of the peace


  A criminal offence committed when harm has been done, or is likely to be done, to a person or property, or when a person fears harm by an assault, affray, riot, unlawful assembly or some other disturbance
• Trespass to land


  An unlawful and unjustifiable intrusion by a person onto the land of another, which is actionable in the courts
• Any damage done by a trespasser while trespassing may amount to the offence of criminal damage
• Riot


  An offence under s.1 of the Public Order Act 1986 where 12 or more persons use or threaten unlawful violence for a common purpose
• Violent disorder


  An offence under s.2 of the Public Order Act 1986 where 3 or more persons use or threaten unlawful violence
• Affray


  An offence under s.3 of the Public Order Act 1986 where a person uses or threatens unlawful violence towards another
• Causing fear or provocation of violence

  An offence under s.4 of the Public Order Act 1986 of using threatening, abusive or insulting words or behaviour with intent to cause harassment, alarm or distress
• Causing (intentional) harassment, alarm or distress


  An offence under s.4A of the Public Order Act 1986 of using threatening or abusive words or behaviour with intent to cause harassment, alarm or distress
• There are many options under UK law to control public order and also restrict the rights of freedom of assembly