consult
3.
suggestion that funerals should be exempted from the need to obtain a
licence. The Commissioner of Police argued that, as funeral processione
can become a danger to public security, and a severe traffic problem,
measure of control over them is desirable. The Bill therefore exempts a
funeral meeting from the need for any licence, but requires one to be
obtained, on application not less than two days before it, for any funeral
procession.
6.
Report.
7.
Clause 5 of the Bill gives effect to paragraph 10 of the Justice
Paragraph 12 of the Justice Report objected to the words "in
his opinion" as used in section 11(2) in relation to police officers and
suggested substituting "reasonably" for these words. The Note contended
that, in our circumstances, it is better to have a police officer disperse
a seeting too hastily rather than too tardily and that it would be
dangerous if police officers hesitated because of doubt about their powers.
The view of the 3. of S. was that to require a police officer to act on
reasonable grounds does not mean that he will be prevented from acting
quickly and decisively. The Commissioner of Police has argued strongly
that the test of reasonable belief would place a very heavy burden on
police officers when evaluating whether a particular meeting might reasonably
be expected to lead to a breach of the pesce, although the powers conferred
by subsection (2) are exercisable only by police inspectors and above.
The Secretary of State is asked to reconsider his views in the light of
the Commissioner's arguments, though the amendment is included in the Bill,
'by virtue of clause 6.
8.
Clause 7(a) of the Bill, which seeks to amend section 12(2)
of the Ordinance, gives effect to the views expressed in the Note on
paragraphs 13 and 14 of the Justice Report. The Note proposed to amend
subsection (3) by deleting the words "or forms or continues to form part
of". The Commissioner of Police, however, wishes to see those worda
retained, contending that those who continue to be present at an unlawfu
assembly after being told to disperse should be guilty of an offence.
Bill, taking this into account, proposes to amend subsection (3) by making
it a defence for an accused to show that he did not know that it was an
The
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