16. Public Order and Terrorism

Public Order Act 1986
  • The Public Order Act 1986, as amended, creates the offences of:
    • riot;
    • violent disorder;
    • affray;
    • causing intentional harassment, alarm, or distress.
  • Police powers contained in the 1986 Act were extended by the Criminal Justice and Public Order Act 1994 and the Anti-Social Behaviour Act 2003.

Public Assemblies
  • The Serious Organised Crime and Police Act 2005 made important changes to the rules governing powers of arrest and introduced further restriction to the right to protest in parts of Central London.

Terrorism

  • The Terrorism Act 2000 introduced comprehensive counter-terrorist measures throughout the UK.
  • The Anti-Terrorism Crime and Security Act 2001 focuses on terrorist funding, intelligence gathering, immigration, and the elimination of organized crime.
  • The Terrorism Act 2006 extends the law further.

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Criminal Law Cases

Madzimbamuto v Lardner-Burke [1969] AC 645

According to the Terrorism and Immigration Act 2018, all recent refugees arriving in the UK seeking asylum are to be kept detained until their claims are processed and it can be ascertained that they do not pose a terrorist threat. The local detention centres are run by a private firm, ‘Home Away from Home.’ Estela, a recently arrived asylum seeker has been detained in one of the privately run facilities, and has had her room searched regularly by ‘Home Away from Home’ private security guards in case she has any contraband in her possession. As she has to wait outside while they are searching her room, Estela fears that the security guards may go through her private correspondence whilst searching. Advise Estela on any claims she may make on the grounds of the HRA 1998, including reference to any procedural requirements. [Note: This is a hypothetical scenario and the Terrorism and Immigration Act 2018 is not real legislation.]