Section 5 of the Public Order Act 1986: The Threshold of Extreme Protest
| Published date | 01 April 2012 |
| DOI | 10.1350/jcla.2012.76.2.755 |
| Author | Christopher Newman |
| Date | 01 April 2012 |
| Subject Matter | Divisional Court |
Divisional Court
Section 5 of the Public Order Act 1986: The Threshold of
Extreme Protest
Abdul v DPP [2011] EWHC 247
Keywords Protest; Public order; Disorderly conduct; Proportionality of
prosecution; Freedom of expression
On 10 March 2009, the town centre of Luton hosted a homecoming
parade for members of the armed services who were involved with the
Royal Anglian Regiment. The crowd was comprised of relatives, friends
and well-wishers and others from the locality. The five appellants were
part of a group who wished to ‘mark their opposition to the war in Iraq
and Afghanistan’. The group protesting comprised about 50 people, and
prior to the protest they had made contact with the police with the aim
of facilitating a peaceful protest in furtherance of their right to freedom
of expression under Article 10 of the European Convention on Human
Rights (ECHR). A meeting point was arranged on the day of the protest
for the protestors to communicate with the police, and some officers
were assigned to remain with the protestors. The police also took overt
video recordings of the activities of the protestors and made arrange-
ments to have additional officers on standby should a more serious
threat to public order emerge.
As the parade commenced, a group of about 12 or 13 of the main
group made their way to a position where they were in view of the
main procession. The appellants were part of this group and were heard
and seen to shout ‘British soldiers murderers’; ‘Baby killers’; ‘Rapists all
of you’; ‘British soldiers go to hell’; ‘ Shame on you’ and ‘Murderers’.
This was seen by members of the public attending the parade who
reacted to these protestors by shouting abuse and threats. After 90
minutes the protestors were escorted away by the police. The appellants
were compliant to directions from the police and there was no evidence
that the police tried to warn the protestors or confiscate their placards or
PA system.
The defendants were not arrested or charged on the day of the
protest. Instead, the police reviewed the video footage and consulted
with the Complex Trial Unit of the Crown Prosecution Unit, and it was
not until 11 and 12 August 2009 that the appellants were charged under
s. 5 of the Public Order Act 1986. Section 5 provides, inter alia, that a
person will be guilty of an offence if he uses threatening, abusive or
insulting words or behaviour or disorderly behaviour or displays any
writing, sign or other visible representation which is threatening,
abusive or insulting, within the hearing or sight of a person likely to be
caused harassment, alarm or distress thereby. In prepared statements
105The Journal of Criminal Law (2012) 76 JCL 105–116
doi:10.1350/jcla.2012.76.2.755
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