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Angela wishes to organise a public assembly in the centre of town. The police inform her that they will impose conditions to prevent serious public disorder, criminal damage, or disruption to the community. The conditions require the assembly to be held on a side street three miles out of town, with no more than three attendees and a maximum duration of twelve minutes. Angela argues that these conditions breach her right to assembly under Article 11 of the European Convention on Human Rights. Which of the following statements best describes the legal position?
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While the police have the authority to impose conditions on public assemblies to prevent serious public disorder, criminal damage, or disruption to the community, these conditions must be proportionate and reasonable. If the conditions are so strict that they effectively prevent the assembly from taking place in a meaningful way, they may constitute an unlawful ban and infringe on the rights provided under Article 11 of the European Convention on Human Rights. Angela’s argument that the conditions are excessive and violate her right to assembly is therefore valid.
Key Point: The police can impose conditions on public assemblies to maintain public order, but these conditions must be proportionate. Excessive restrictions that prevent the assembly from occurring meaningfully can be challenged under Article 11 of the European Convention on Human Rights.
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