Expression, Assembly and Association Under Articles 10 and 11 (AQA A-Level Law): Flashcards

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Expression, Assembly and Association Under Articles 10 and 11
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Article 10(1) right protected

Freedom of expression

Article 11(1) rights protected

Freedom of assembly and freedom of association

Qualified rights definition

Rights that can be lawfully restricted in certain circumstances

3 criteria for lawful restrictions on Arts 10 & 11

Prescribed by law, necessary, proportionate to legitimate aim

Breach of the peace involves

Conduct causing harm to persons/property or fear of such harm

Racial & Religious Hatred Act 2006 targets

Words/behaviour intending to stir up racial hatred

Obscene matter definition (OPA 1959)

Material that tends to deprave and corrupt those likely to see it

Public assembly definition (s14 POA 1986)

2+ persons in public place wholly/partly open to air

S14 POA 1986: conditions can be imposed on

Numbers, location, duration of assembly

Aggravated trespass (CJPOA 1994) criminalises

Trespass with intent to intimidate, obstruct or disrupt lawful act

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