Article 10 and 11 of ECHR give the right to expression, to protest and to form groups. Those are qualified rights, meaning that there shall be no restrictions on the exercise of these rights other than those defined by law and required in a democratic society in the objectives of
public interest, the avoidance of disorder or illegal activities.The Public Order Act of 1986, as revised by the Criminal Justice and Public Order Act of 1994, contains the main statutory limits on the rights to freedom of assembly and association.
Advance written notice of public processions is required in the case of the campaign, started by s11(1) of the Public Order Act 1986. The notice must be delivered not less than 6 days before a protest to the police station of the area where the protest is planned. It must indicate
the time and date of the event, the time from which it is to commence, the planned route, and the name and address of the individual planning to organize it. If any of these requirements are missing or differ from the stated, the individuals organizing the event will be held liable.
The state has a positive obligation to assist individuals who seek to demonstrate and safeguard those who wish to exercise their rights to join organizations. The presumption must be that a peaceful assembly is allowed, no need for permission from the police, council or anywhere else. However, in the case of Hirst and Agu v Chief Constable of West Yorkshire (1986)21 protesters were charged with obstructing the righway when protesting outside a store. Taking in account that obstruction of the highway is an offence under the Highways Act 1980 s137. As a result, protests on publicly owned ground are subject to reasonableness -
action being weighed against the right to protest.
By creating a campaign, Sameen is exercising his own human right as stated in Articles 10 and 11 of ECHR. The protest of the group ‘Construction Workers Against Cuts’ is planned to be peaceful, yet may be subject to the test of reasonableness when obstructing the central bus station, as the group is large and posters were put around the city inviting people to come and
join. There is no requirement for permission from the police, council or anywhere else.
However, there is a need for an advance written notice given 6 days in advance to the police in the area of the event, mentioning the details of the protest, such as time and date of the event, the time from which it will start, the planned route, and the name and address of the individual planning to organize it.…
