TNAG-0081-FCO40-117-Public-Order-legislation-1968 — Page 159

5.

causes reasonable approbansion that anyone prosent may commât a

When any person participatos

}

breach of the poach, (Ponalty as above).

in an unlawful assembly at which a broach of the peace is actually committod, he beconda part of a riot and in liablo to 10 years or on summary conviction 5 years of 5000 dollars.

These provisions ero cloerly designed to encourage the immoliato disposal of crowds on the first sign of trouble but so often it is tho

furtherest from the cause who are arrested: thoy are now liablo Moreover the stipulated penalty is the same in

persons

to stringent penalties.

all cases for the agitator as for the apprehended bystander.

section 3

soction 11

(2) Subjectivo diccrobiens

It is common in most systons for polico powers and the like to bo expressed in terms of wido discretions but it is also common in the Commonwealth for those decisions to be accompanied by the requirement of reasonablenoss or at least for certain conditions procedent to bo Alfilled boforo their ozorciso,

Many of the powers (both in the Ordingco and to a lesser extent in the previous 147) are subjective in nature and therefore very diffi→ cult to bring for court rovion,

Ikxamplos aro:-

(1) power of police officer of inspector or above to prohibit

section G

(ii)

section 15

display of clago at a public gathering or "an or at any promises or placo" or to provant, disporse, stop otc. mootings, processions and gatherings which are causing or are "in the opinion of such police officer, likely to cauco or led to a branch of the peace."

the Commissioner of Police, nay "if it encara to to necessary or oxpedient in the interests of public order? control and direct the conduct of all public gatherings and give such onlors es he may considor necessary or axpedient and similarly bay ban public gatherings at stated places or timas.

}