Part 3: Public order
Sections 73 to 75 and 79 amend Part 2 of the Public Order Act 1986 (the "1986 Act") which provides various powers to manage processions and assemblies. In particular, sections 12 and 14 give the police a power to impose conditions on people organising and taking part in public processions and public assemblies, respectively. Part 2 of the 1986 Act extends and applies to England and Wales, and Scotland, but sections 73 to 75 and 79 have been drafted so that the changes apply to England and Wales only.
	Section 12 provides that if the senior police officer, having regard to various factors, reasonably believes that a public procession:
may result in:
serious public disorder,
serious damage to property,
or serious disruption to the life of the community,
or the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,
						the senior police officer may give directions imposing on the persons organising or taking part in the procession such conditions as appear to them necessary to prevent such disorder, damage, disruption or intimidation. Such directions can include conditions as to start and finish times, route and the size of processions.
	Section 14 is drafted in similar terms, although the range of conditions that can be imposed are limited. Section 14 provides that if the senior police officer, having regard to various factors, reasonably believes that a public assembly:
may result in:
serious public disorder,
serious damage to property, or
serious disruption to the life of the community.
or the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.
						the senior police officer may give directions imposing on the persons organising or taking part in the assembly such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to them necessary to prevent such disorder, damage, disruption or intimidation.
	A "public procession" means a procession in a public place (section 16 of the 1986 Act).
	A "public assembly" means, in England and Wales, an assembly of two or more persons in a public place which is wholly or partly open to the air (section 16 of the 1986 Act).
	Any directions given under sections 12 and 14 given by a chief officer in relation to a procession or assembly that is intended to be held must be done so in writing (section 12(3) and section 14(3)).
	It is an offence for an organiser or a participant of a public procession to knowingly fail to comply with a condition imposed under section 12 of the 1986 Act. It is a defence for them to prove that the failure arose from circumstances beyond their control (section 12(4) and (5)). It is also an offence for an individual to incite a person to breach an imposed condition. The maximum sentence for the offence in the case of a person who organised the public assembly is three months’ imprisonment, a level 4 fine (currently £2,500), or both, or in the case of a person who simply took part in the assembly, a level 3 fine (currently £1,000).
	Equivalent offences exist for organisers and participants (section 14(4) and (5)) of an assembly who knowingly fail to comply with a condition imposed under section 14 and for those who incite others to breach a condition (section 14(6)).