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Human rights and breach of the peace

Giles Bayliss examines public order powers in terms of human rights

In (R) Hicks and Others, protesters dressed as zombies were arrested prior to the 2011 royal wedding

This article is relevant to AQA Paper 3B (human rights), OCR Component 3 (human rights), WJEC Units 3 and 4 (human rights law) and WJEC Eduqas Components 2 and 3, Section D (human rights law).

For the human rights options at A-level, you need to be familiar with exam scenarios relating to public gatherings and protests. These questions raise issues of public order powers under the Public Order Act 1986 and other legislation, as well as the common law power permitting police to takes steps to prevent or stop a breach of the peace. These powers also raise potential human rights issues relating to Articles 5 (the right to liberty), 10 (freedom of expression) and 11 (freedom of association and assembly) of the European Convention on Human Rights (ECHR).

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Ten things you need to know about diminished responsibility

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Consideration explained

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