AS Labour councillors seek Government guidance about whether they can prevent the far-right English Defence League from holding demonstrations in Bradford, we look at what the law says.
Labour councillors seek top-level advice over banning EDL demonstrations in Bradford
- The right to protest is a legal right, enshrined in UK law by the European Convention on Human Rights. This recognises both a right to peaceful assembly and a right to freedom of expression;
- It is an offence to incite racial hatred, and in 2007 it also became an offence to incite religious hatred;
- Under the Public Order Act 1986, neither the police nor the Government have any powers to ban a static demonstration unless it is on private property;
- The only restrictions that can be placed on a static demonstration in public are around its size, duration or location;
- There are different laws for marches or processions. The Home Secretary has limited powers under the Public Order Act to use a banning order to ban a march or procession;
- Local authorities have to apply for these banning orders, with the backing of the local police;
- Home Secretary Theresa May used these powers to ban an EDL march in Bradford in 2010.
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