Commentary
| Published date | 01 July 1985 |
| Date | 01 July 1985 |
| DOI | http://doi.org/10.1177/0032258X8505800301 |
| Subject Matter | Commentary |
TbePOLICE
JOURNr.J.
PUBLIC
DISORDER
The recently published White Paper on Public Order sets out the
views of the Government on how
"to
provide abalanced legal
framework in which the police have the necessary powers to prevent
and deal with violence and disorder, while freedom of speech and
the right to protest continue to be safeguarded".
The White
Paper
is the outcome of a review initiated in 1979. A
Green Paper was published in 1980, the responses to which have
been taken into account, together with the recommendations of the
House of Commons Select Committee on Home Affairs (1980) and
Lord Scarman's report on the Brixton riots (1981). Other incidents
of mass disorder, including Grunwick's; the Warrington printing
dispute; the Greenham
Common
saga; the bitter miners' strike, and
the continuing disgraceful manifestation of football hooliganism
have obviously provided ample material for research.
For
the most part, the British Police Service will welcome its
findings signifying, as it does, the Government's firm intention to
take action.
No fundamental erosion of individual rights is proposed and
from the relative brevity of the White Paper it is obvious
that
no
radical legislative changes were considered necessary; indeed, the
Home Secretary said as much when introducing his proposals to the
House of Commons. "A number of areas exist where the law can
and should be extended and clarified, mainly in improving the
opportunities for the police to try to prevent disorder or disruption
before it occurs", he said.
The
areas include the following.
Processions
The Select Committee, supported by Lord Scarman and others,
proposed
that
there should be a requirement to give advance notice
of an intention to hold a procession. Such aduty already exists in
Scotland and, in accepting this proposal, the White Paper's
recommendations merely bring England and Wales into line by
requiring seven days notice to be given. At present the sole test for
justifying a
ban
on processions is the risk of serious disorder and
this will remain the one ground for prohibition under s. 3 of the
Public Order Act. The Government feels, however, that blanket
bans are not always necessary and
that
the power to ban a single
July /985 189
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