In forceAmended2020 Revised Edition

Contents

Public Order Act 2009 · 2020 Revised Edition · Part 2 · Assemblies and Processions

16. Other offences in relation to assemblies or processions

Feedback & support

Amended

Last amended by an amending law of 2017.

(1)

Each person who organises a public assembly or public procession —

(a)

in respect of which no permit has been granted under section 7 or no such permit is in force, where a permit is required by this Act;

(b)

which is held —

(i)

on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or

(ii)

in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; or

(c)

which is not in compliance with any condition imposed under section 8(2) on persons organising that assembly or procession,shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction to a fine not exceeding $5,000.

(2)

Each person who takes part in a public assembly or public procession —

(a)

in respect of which no permit has been granted under section 7 or no such permit is in force, where a permit is required by this Act;

(b)

which is held —

(i)

on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or

(ii)

in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; or

(c)

which is not in compliance with any requirement imposed by section 8(1)(b) or any condition imposed under section 8(2) on persons taking part in that assembly or procession,shall be guilty of an offence and shall, subject to subsection (3), be liable on conviction to a fine not exceeding $3,000.

(3)

Where a person who is convicted or found guilty of an offence under subsection (1) or (2) is a repeat offender, the person shall be liable on conviction —

(a)

if the person is one who organises an assembly or a procession — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and

(b)

if the person is one who takes part in an assembly or a procession — to a fine not exceeding $5,000.

(4)

A person organising or taking part in an assembly or a procession who knowingly fails to comply with any direction of the senior police officer given under section 8(4) shall be guilty of an offence and shall be liable on conviction —

(a)

in the case of a person organising an assembly or a procession — to a fine not exceeding $10,000; and

(b)

in the case of a person taking part in an assembly or a procession — to a fine not exceeding $5,000.

(5)

For the purposes of subsection (3), a person is a repeat offender in relation to an offence under subsection (1) or (2) if the person who is convicted, or found guilty, of an offence under subsection (1) or (2) (called the current offence) has been convicted or found guilty of —

(a)

an offence under subsection (1) or (2);

(b)

an offence under section 5(4) of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 as in force immediately before 9 October 2009; or

(c)

an offence under any rules made under section 5(1) of the Miscellaneous Offences (Public Order and Nuisance) Act 1906 as in force immediately before 9 October 2009, in relation to any assembly or procession in any public road, public place or place of public resort held without a permit under those rules or in contravention of any term or condition of such a permit,on at least one other occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence.

(6)

This section does not apply to —

(a)

an assembly or a procession exempted from this section under section 46; and

(b)

an assembly or a procession within an unrestricted area not falling within a special event area of an enhanced security special event.

Terms defined in s 2

assembly
Defined · s 2
“assembly” means a gathering or meeting (whether or not comprising any lecture, talk, address, debate or discussion) of persons the purpose (or one of the purposes) of which is —(a)to demonstrate support for or opposition to the views or actions of any person, group of persons or any government;(b)to publicise a cause or campaign; or(c)to mark or commemorate any event,and includes a demonstration by a person alone for any purpose mentioned in paragraph (a), (b) or (c);
Open s 2
enhanced security special event
Defined · s 2
“enhanced security special event” means a special event that is the subject of a declaration made by the Minister;
Open s 2
permit
Defined · s 2
“permit” means a permit granted under section 7 in respect of a public assembly or public procession;
Open s 2
place
Defined · s 2
“place” includes any motor vehicle, train, vessel, aircraft or other conveyance;
Open s 2
procession
Defined · s 2
“procession” means a march, parade or other procession, whether or not involving the use of vehicles or other conveyances —(a)comprising 2 or more persons gathered at a place of assembly to move from that place substantially as a body of persons in succession proceeding by a common route or routes; and(b)the purpose (or one of the purposes) of which is —(i)to demonstrate support for or opposition to the views or actions of any person, group of persons or any government;(ii)to publicise a cause or campaign; or(iii)to mark or commemorate any event,and includes any assembly held in conjunction with such procession, and a march by a person alone for any purpose mentioned in paragraph (b)(i), (ii) or (iii);
Open s 2
public assembly
Defined · s 2
“public assembly” means an assembly held or to be held in a public place or to which members of the public in general are invited, induced or permitted to attend;
Open s 2
public place
Defined · s 2
“public place” means —(a)any place (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, whether or not access to the place may be restricted at particular times or for particular purposes, and whether or not it is an “approved place” within the meaning of the Public Entertainments Act 1958; or(b)a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public;
Open s 2
public procession
Defined · s 2
“public procession” means a procession in, to or from a public place;
Open s 2
special event area
Defined · s 2
“special event area”, in relation to a special event, means, for the period the declaration by the Commissioner or the Minister (as the case may be) for the event is in force —(a)the place or places stated in the declaration as the location or locations at which the event is or is to be; and(b)any place reasonably incidental to the holding of the event;
Open s 2
unrestricted area
Defined · s 2
“unrestricted area” means a public place specified in an order made under section 14.
Open s 2

Report

Read on from s 17

Part 3

Special Events Security

Read on from Part 3

Part 4

Powers to Preserve and Maintain Public Order

Read on from Part 4

Part 5

Miscellaneous

Read on from Part 5