TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 130

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indemnity given by s.53.

Sub. s. (2) gives the police power to break into

adjoining premises if necessary and the innocent owner has no right

of redress (see 8.46(3)). This may be a proper power to confer on

the police but provision ought to be made for compensation to the

innocent. In this instance it might be in the interests of the

police that they should be permitted to act when "reasonably

necessary" since an absolute necessity might be impossible to

establish and the section might be interpreted as confering a power

no wider than an easement of necessity.

Section 7

Since a gathering for a funeral in a public place is

not "exclusively" for religious purposes (even where it is partially

so it not only requires to be licensed but application for the

licence must be made not less than 7 days in advance. This means

that either funerals must be held in a private place, or that there

must be no "meeting" (presumbly just the gravedigger and the

deceased), or that all funerals must be postponed until at least

7 days after the death (an undesirable arrangement in a sub-tropical

climate). We recognise that the police must have power to control

meetings at funerals since they can be, and often are, used as

occasions of violent demonstrations and other disturbance. Without

the advantage of knowing the views of the Commissioner of Police on

this rather delicate subject we do not feel justified in suggesting

what powers of control should be conferred but we are of opinion

that the present licensing scheme is wholly inappropriate.

Section 9

We observe that the liability of the licensee to

remain is absolute. If he is taken ill or for other good excuse

prevented from being present throughout then there is a breach

4.