Red Nose Day 2007: Some Legal Advice

THE FOLLOWING IS A SERIOUS WARNING:

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Learn how to get involved in Red Nose Day somewhere other than Westminster.

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Red Nose Day and the Serious Organised Crime and Police Act 2005

Section 132 of the Serious Organised Crime and Police Act 2005 is very clear on this:

Any person who-

    (a) organises a demonstration in a public place in the designated area, or

    (b) takes part in a demonstration in a public place in the designated area, or

    (c) carries on a demonstration by himself in a public place in the designated area,

       is guilty of an offence if, when the demonstration starts, authorisation for the demonstration has not been given under section 134(2)

The Red Nose Day FAQ is equally clear:

"So it's all about having a laugh then?"

That's a big part of it for sure but at the same time we try to raise awareness too. Whenever we communicate with the public we ensure that amongst all the fun and games we include information about the very serious work we're supporting in the UK and Africa. We especially encourage young people to look into the issues underlying our work by running special education initiatives every Red Nose Day.

A demonstration is generally defined as any deliberate exhibition of opinion on a political or other question.

Poverty, aid and Fair Trade certainly classify as political issues, and Comic Relief make it absolutely clear that their mission is not only to raise funds, but also to raise awareness.

Comic Relief have also stressed the importance of operating within the law when you promote their cause.

Therefore, you should keep the following in mind before affiliating yourself with this campaign anywhere inside the designated area:

Submitting Your Form(s)

Red Noses

If you wish to wear a red nose within the designated area, you will first need to seek permission from the Metropolitan Police Commissioner. To do this, you will need to download the form below and submit it in person or mail it via Recorded Delivery a week before you wish to begin wearing your red nose.

You do not have to submit a form for each occasion you wish to wear a red nose. The form allows you to submit a start and finish time or date (thereby allowing you to apply for permission between now and Red Nose Day itself).

Please be aware that the Metropolitan Police Commissioner may specify certain limits regarding the nature, location or duration of your nose-wearing activities.

Click here to download Form 3175-A as a PDF file. (31Kb)
Click here to download Form 3175-A as a Word document (143Kb)

Submit your form to: Charing Cross Police Station, Agar Street, London, WC2N 4JP

Lapel Badges and T-Shirts

Ditto.

Car Air Fresheners

If you plan on driving through the designated area while displaying 'Big Smelly Nose Balls', you will first need to go through the application process as outlined above.

If you find yourself unexpectedly having to pass through the designated area without permission to stage a demonstration, you will need to pull over in a safe place before you pass the outer boundary and put your 'Big Smelly Nose Balls' somewhere out of sight before proceeding through the designated area.

Fundraising/Awareness Events

As this is the first Red Nose Day to take place under the Serious Organised Crime and Police Act 2005, there is a degree of uncertainty, even in official circles. The 'licence from your local authority' (recommended here under 'Serious Bit') may not include clearance under the act.

If you wish to stage an event in Westminster, you will need to submit the following form. If your planned event is for Red Nose Day (March 16) ideally, you will need to submit this form by the March 10, but if you miss this deadline, there is a provision under the act that allows the police to grant permission as little as 24 hours before any given event.

Please be aware that the Metropolitan Police Commissioner may specify certain limits regarding the nature, location or duration of your event. Also, if you are seeking to publicise your event, please be aware that the use of loudspeakers in the designated area is banned outright.

Click here to download Form 3175-A as a PDF file. (31Kb)
Click here to download Form 3175-A as a Word document (143Kb)

Submit your form to: Charing Cross Police Station, Agar Street, London, WC2N 4JP

The Law, The Police and Demonstrations

The Serious Organised Crime and Police Act 2005 does not itself define what constitutes a demonstration. This has led to a situation where it is left to the police to decide what does and does not classify as an offence under this act. This in itself is an affront to democracy (the police are there to enforce the law, not dictate it) but this is the situation we are in at the moment, so what the police have and have not classified as a demonstration in the past needs to be taken into account;

So far, the police have warned, cautioned and/or arrested people under this act for displaying lapel badges, wearing t-shirts with slogans and even for carrying magazines containing political articles.

In terms of the scale of demonstration, a red nose certainly applies.

As has already been made clear, in terms of the nature of demonstration, raising awareness of poverty also applies.

Further; while the police have in the past issued a statement that an impromptu carol service held in Parliament Square did not classify as a demonstration, they cannot issue a statement making an exception for Red Nose Day, as any level of participation involves an overt act with a clear political message. The police cannot publicly make an exception in this case (or even 'merely' turn a blind eye) without favouring one political cause over another.

The Possibility of a Group Application

In theory, Comic Relief could submit an application on behalf of all of their supporters that applies from 6 days after their application until Red Nose Day (Friday 16 March 2007).

However, they will have great difficulty estimating the number of participants and - because of the aspect of the event that invites individual contributions with a creative bent - Comic Relief will also be unable to provide details regarding the exact nature of the demonstration(s) involved.

Also, even if such an application were submitted and approved, this would make it legal for anyone to demonstrate on a theme of poverty awareness during that period (providing they wore a red nose or made some other visible statement of affiliation when doing so). Comic Relief would also have to publish information for their supporters regarding any restrictions laid down by the Metropolitan Police Commissioner.

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Fine Print

Forms via Mark Thomas. 'Red Nose Day' is a trade mark of Comic Relief. Neither party is connected to this published warning. IANAL.