Public Order Act 2009 · 2020 Revised Edition · Part 2 · Assemblies and Processions
17. Defences
Feedback & supportIn any proceedings for an offence under section 16(1)(a) or (2)(a), it is a defence for the person charged to prove that the person did not know, and neither suspected nor had reason to suspect, that no permit had been granted under section 7 in respect of the assembly or procession or that no such permit is in force, as the case may be.
permit
“permit” means a permit granted under section 7 in respect of a public assembly or public procession;
In any proceedings for an offence under section 16(1)(b) or (2)(b), it is a defence for the person charged to prove that —
he or she did not know, and neither suspected nor had reason to suspect, the difference in date, time or route; or
the difference arose from —
circumstances beyond his or her control;
something done in compliance with conditions imposed under section 8(2); or
something done with the agreement of a police officer not below the rank of sergeant or by the senior police officer’s direction under section 8(4).
In any proceedings for an offence under section 16(1)(c) or (2)(c), it is a defence for the person charged to prove that he or she did not know, and neither suspected nor had reason to suspect, that the assembly or procession was not in compliance with any of the conditions of the permit for the assembly or procession.
assembly
“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);
In any proceedings for an offence under section 16(4), it is a defence for the person charged to prove that his or her failure to comply with a direction of the senior police officer given under section 8(4) arose from circumstances beyond his or her control.