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The government has announced plans to drop the 'sugar tax' payable on soft drinks. Ciara, the leader of 'Keep our Children Healthy', a group opposing

The government has announced plans to drop the 'sugar tax' payable on soft drinks. Ciara, the leader of 'Keep our Children Healthy', a group opposing the government's plans, organises a protest march in Hunchester along the High Street. Ciara gives six clear days' notice to Hunchester police station detailing the proposed date and route of the march, and her name and address as the organiser.

The Chief Constable of Hunchester is concerned that the route will go down the High Street, as on previous marches the windows of shops selling sugary drinks have been smashed. The Chief Constable permits the march to go ahead, but on condition that it proceeds along a road parallel to the High Street and not the High Street itself.

On the day of the march the road parallel to the High Street is blocked by workmen who have been called to deal with a burst water pipe. Ciara therefore leads the marchers along the High Street. Once on the High Street, Ciara is stopped by PC Veitch who tells her 'You have breached the direction as to the route of the march and I'd like you to come with me to the police station. Ciara is led to a waiting police car and taken down to the station where she is charged with breaching a police condition as to the route of the march.

a) Discuss the lawfulness of these events. To do this you need to consider the following:

  • Did the Chief Constable act lawfully when placing the condition as to the route on the march?
  • Did PC Veitch act lawfully when Ciara was taken to the police station?
  • Has Ciara committed a criminal offence?

The following week, 'Keep our Children Healthy' holds a demonstration outside the local offices of the governing party. About 30 people attend, waving banners and chanting.

After the demonstration has been in progress for about ten minutes, the police receive information that a group of shopkeepers, some of whom have had their shop windows smashed in previous demonstrations, is heading towards the demonstration. The shopkeepers are now only a few streets away. The shopkeepers are angry and have been heard to say, 'we're going to put an end to this demonstration, and we're prepared to fight it out'.

b) What powers do the police have to prevent any violence?

 

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