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Public law

LEARNING OUTCOMES:

 

1. Have knowledge and understanding of the principles of Constitutional and Administrative Law, and of the way in which these principles have developed.

2. Deal with issues relating to Constitutional and Administrative Law both systematically and creatively, recognising potential alternative conclusions for particular situations and providing supporting reasons for such conclusions.

3. Demonstrate self-direction and originality in tackling and solving problems relating to Constitutional and Administrative Law.

4. Research primary and secondary sources of Constitutional and Administrative Law.

5. Communicate thoughts and ideas in writing and/or orally, using the English language and legal terminology with care, clarity and accuracy.

6. Manage time effectively.

 

QUESTION:

 

A recently elected Government, concerned about rising gun crime by drug dealers, has introduced a Bill into Parliament to bring back the death penalty for any person convicted of causing death by the use of a firearm and which is also related to an illegal drug trade.

 

Human Rights UK (HRUK), part of a worldwide protest organisation called ‘Global Human Rights’ is opposed to the death penalty in any circumstances. HRUK has many thousands of members across the UK. The organisation is split into county groups and there is a thriving branch of over 1200 members in Penfield.

 

Sam Jones, the leader of the Penfield branch, has proposed a local demonstration against the Bill to take place on the 1st May 2014. The demonstration includes a march from the Town Hall in Penfield City Centre to the local War Memorial followed by speeches from senior members of the organisation.

 

The Chief Constable of Penfield Police, having been informed of the proposed protest is concerned about rumours that a small counter protest has been organised to disrupt the protest by a far right group opposed to human rights. He has issued a Notice to HRUK and Sam Jones under the Public Order Act 1986 which imposes the following conditions on the HRUK demonstration planned for 1st May 2014:-

 

 

 

 

Notice from the Chief Constable of Penfield Police:

 

1) any demonstration to be held by the HRUK between 1st March 2014 and 1st October 2014 should be held in Penfield Country Park, at least 25 miles from Penfield City Centre;

2) the maximum number of demonstrators shall be 25;

3) the maximum duration of the demonstration shall be 2 hours;

4) there should be no public speeches and;

5) that in the event of any counter demonstration or hostility shown towards HRUK members, the Penfield Police reserve the right to cancel the demonstration immediately

Advise, giving reasons, whether Sam Jones and/or HRUK can use the Human Rights Act 1998 to challenge the decision of the Chief Constable.

 

 

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