Advanced Search

Public Order Act


Published: 1967-12-15

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
PUBLIC ORDER

THE PUBLIC ORDER ACT

1

ARRANGEMENT OF SECTIONS

1. Short title.

PART I. Interpretation

2. Interpretation.

PART II. Marches and Processions

3. Interpretation.
4. Marches in the night prohibited.
5. Leader of night march may be required to call upon march to

6. Marches in daylight.
7. Applications for permits.
8. Permits.
9. Leader of permitted march may be required to call upon march to

*

disperse.

disperse.
10. Leader failing to call upon march to disperse.
11. Taking part in prohibited march.
12. Organizingmarchcs.
13. Suspension of sections 6 to 9.

PART III. Meetings and Marches (Special Provisions)

14. Power to prohibit meetings and marches.
15. Applications for permits.
16. Permit&
17. Appeal.
18. Power to disperse meetings and marches.
19. Taking part in prohibited meeting or march.
20. Exemptions.

me inclusion of this page is authorized by L.N. 480119731

2 PUBLIC ORDER

PART IV. Public Omes
21. Interpretation.
22. Power to disperEe public marches and meetings.
23. Power of constable to call upon march or meeting to disperse.
24. When march or meeting called upon to disperse participants to

do so.
25. Inciting.
26. Power to add to Second Schedule.

PART V. General Provisions

27. Disorderly behaviour at public meeting.
28. Prohibition vf copduct conducive to breaches of the peace.
29. Prohibition of offensive weapon.

. 30. Power of search.
31. Power of arrest.
32. Trial of offences.
33. Form of information, etc., where offence committed at political

meeting.

SCHEDULES

PUBLIC ORDER 3

Law1
44 of 1957,
27 of 1960.

ACt

3rd Sch.

THE PUBLIC ORDER ACT

[I6th December, I957.1 42 or i s 9

1. This Act may be cited as the Public Order Act. Short title.

PART I. Interpretation
2. In this Act- Illtcrpret.-

“local authority” means the Kingston and Saint
Andrew Corporation, any Parish Council, the
Water Commission, or any other statutory body
declared by the Minister by order to be a local
authority for the purposes of this Act;

“meeting” means any assembly or gathering of persons
held for the purpose of the transaction of matters
of public interest or for the discussion of such
matters or for the purpose of the expression of
views upon such matters;

tion.

“offensive weapon” includes-
(a) any firearm as defined in the Firearms Act; and
(b) any stick, rod, bar or similar implement or any

stone, brick or other missile, whether similar to
the foregoing or not, or any catapult or similar
implement unless it is proved to the satisfaction
of the Court that it was not used or intended to
be used as such by the person charged;

(U) in a constitucncy between nomination day and
elcction day, both days inclusive, at an election
for a mcmbcr of the How0 of Representatives
for that constituency; or

“political meeting” mcafls a meeting hcld-

m0 iwluslon of thb p u ~ iC ruthofimd by LN. rSOl19731

4 PUBLIC ORDER

27/1%0 s. 2.

(b) in an electoral division between nomination day
and election day, both days inclusive, at an
election for a member of a Parish Council or for
a Councillor of the Kingston and Saint Andrew
Corporation for that electoral division,

for the purpose of furthering or criticizing the aims,
objects, action or programme of any political
party or for the purpose of supporting or opposing
the candidature for any individual as against any
other or others at such election, and if any speaker
at any meeting held as aforesaid refers to or dis-
cusses the aims, objects, action or programme of
any political party or the candidature of any in-
dividual at such election such meeting shall, until
the contrary is proved, be deemed to be a political
meeting;

“public march” means any march or procession in a
public place comprising (whether wholly or partly)
pedestrians, vehicles (however propelled or drawn),
or bicycles (however propelled), except a march or
procession-

(a) by any of Her Majesty’s Forces; or
(b) by the Jamaica Constabulary Force; or
(c) which takes place as a component part of any

religious ceremony, including a wedding or
funeral, not being in any way connected with any
political demonstration or celebration; or

(d) which is confined to the pupils and teachers of

(e) by any other body approved by the Minister;
any school; or

“public meeting” includes any meeting in a public
place and any meeting which the public or any
section thereof are permitted to attend, whether on
payment or otherwise;

inclusion of thia page is b u t h ~ t h d by L.N. 480/1973]

.
rc

PUBLIC ORDER 5

“public place” means any highway, street, public park
or garden, any sea beach and any public bridge,
road, lane, footway, square, court, alley or passage,
whether a thoroughfare or not, and includes any
open space and any premises to which, for the time
being, the public have or are permitted to have
access, whether on payment or otherwise.

PART 11. Marches and Processions
3. In this Part- Interprc-

tatim. “daylight” means the interval between five o’clock in
the morning and the succeeding six o’clock in the
evening;

“night” means the interval between six o’clock in the
evening and five o’clock in the morning of the next
succeeding day;

“permit” means a permit granted under the provisions
of section 8.

4. It shall be unlawful
in the night.

for any public march to take place Mmhaain
the night
prohikted.

5. Any member of the Jamaica Constabulary Force not Leaderof
below the rank of Corporal may require any person leading may be-
any public march in the night or appearing to him to be the stgn
leader or one of the leaders of such public march to call upon cpe*-?
such public march to disperse.

night march

6. It shall be unlawful for any public march to take place Marchwin
daylight. in daylight unless a permit has been issued in respect there-

of.

7.-(1) where any person desires to organize any public Applicat$ns
for perauts. march in daylight he shall, at least three days before such

intended public march, make application for a permit to
the senior officer of the Jamaica Constabulary Force for the

[The inclusion of this page is authorized by L.N. 4801 19731

6 PUBLIC ORLlER

Permits.

Leada at
permitted
march may
ber uired

march to
disperse.

to 3 upon

Leader fail-
ing to call
upon march
to dispasc

parish in which the public march is to take place, or to the
Commissioner of Police if the application relates to the
Corporate Area of Kingston and Saint Andrew.

(2) Every application made in accordance with sub-
section (1) shall contain particulars of the point of departure,
route and point of termination of the public march to which
such application relates, the hours between which such
march will take place and an estimate of the number of
persons who are expected to participate in such march.

8 . 4 1) An officer to whom application is made in accord-
ance with the proviSions of section 7 may, in any case, refuse
or grant the application.

(2) In cases where such application is granted the
officer shall issue to the applicant a permit for the desired
public march specifying therein the route to be followed and
the times between which it shall take place.

9. Any member of the Jamaica Constabulary Force not
below the rank of Corporal may require any person leading
any public march otherwise than in accordance with the
terms of a permit or appearing to him to be the leader or
one of the leaders of mch public march to call upon such
public march to disperse.

10. Any person required under the provisions of section
5 oz section 9 to call upon my public march to disperse
who refuses, fails or neglects forthwith to Casl upon such
public march to disperse shall be guilty of an offence and
upon summary conviction before a Resident Magistrate shall
be W k to a fine not exoeading one 2rrmdred dollars or to
imprisonment for arry term not -dhg six months with
of without hard labour of to both such fine ancf imprison-
meat.

me iacksim of tlsu po%c L rnhrized by m, 4q1973J

PUBLIC ORDER 7

11. Any person who takes part in any public march- Takingpart
in prohibited

(a) prohibited by section 4; or march.
(b) in respect of which a permit has not been obtainzd;

or
(c) otherwise than in accordance with the terms of a

permit,
shall be guilty of an offence and on summary conviction
before a Resident Magistrate shall be liable to a fine not
exceeding twenty dollars or to imprisonment with or without
hard labour for any term not exceeding three months.

12. Any person who organizes or attempts to organize or Organizing
marches. incites any person to organize or take part in any public

march in contravention of the provisions of this Part shall be
guilty of an offence and on summary conviction before a
Resident Magistrate shall be liable to a fine not exceeding
one hundred dollars or to imprisonment with or without
hard labour for any term not exceeding six months or to
both such fine and imprisonment.

13. During any period in which an order is in force under Suspension
of sections Part 111, the operation of sections 6 to 9 (both inclusive) 6 to 9.

shall be suspended in any area, or in any parish, district,
village or town in the Island to which such order relates.

PART HI. Meetings and Marches (Special Provisions)
14.-(1) Notwithstanding anything contained in Part I1 Powerto

or in any other enactment? rule or regulation, where at any meetings
time it appears to the Minister to be in the interest of good Eches.
order or the public safety so to do, he may, by order, subject
to such exemptions as are, or from time to time hereafter
may be, included in the First Schedule, prohibit in any area, g;Lula
or in any parish, district, village or town in the Island-

prohibit

(a) all public meetings and all public marches;
[The inclusion of this page is authorized by L.N. 480/ 19731

8 PUBLIC ORDER

(b) all persons from organizing, holding or speaking
at, or attending, any public meeting or any public
march,

save in cases where a permit is issued in accordance with
the provisions of section 15.

(2) Every order under this section-
(a) shall remain in force for a period of not more than

one month (without prejudice to the power to issue
a further order at or before the end of such period);

(b) shall be published in the Gazette;
(c) may at any time be varied, altered, amended or

revoked by the Minister.

Applications
for permits.

15. Where any person desires to organize or hold in any
place to which an order under section 14 applies a public
meeting, or a public march, he shall, at least twenty-four
hours before such intended event, make application for a
permit to the Resident Magistrate or the senior officer of the
Jamaica Constabulary Force for the parish in which the
event is to take place, or to the Commissioner of Police if
the application relates to the Corporate Area of Kingston
and Saint Andrew.

,
PermitS. 16.-( 1) An officer to whom application is made in accord-

ance with the provisions of section 15 may, in any case,
refuse or grant the application.

(2) In cases where such application is granted, the
officer shall issue to the applicant a permit for the desired
event to take place, but every such permit shall be issued
subject to such terms and conditions (to be observed by all
persons organizing, speaking at or attending the event) as
the officer may think necessary in order to effect the objects
of the order.

[The inclusion of this page is authorized by L.N. 480/ 19731

PUBLIC ORDER 9

17. Any applicant for a permit under section 15 who is Appeal.
aggrieved by the refusal of an officer to grant the permit
or by the terms of the permit, may within seven days, appeal
in writing to the Minister.

18 .41) Any member of the Jamaica Constabulary Force Power to

meeting being held or any public march in progress contrary :&heS.
to any of the provisions of this Part or of any order made
or permit issued thereunder, require any person addressing
or known to him to have addressed such meeting or leading
such march or appearing to him to be the promoter or
organizer or one of the promoters or organizers or the leader
or one of the leaders of such meeting or march to call upon
such meeting or march to disperse.

(2) Any person required under subsection (1) to call
upon any public meeting or public march to disperse, who
refuses, fails or neglects forthwith to call upon such meeting
or march to disperse shall be guilty of an offence against this
section, and upon summary conviction before a Resident
Magistrate shall be liable to a fine not exceeding one hundred
dollars, or to imprisonment with or without hard labour for
any term not exceeding three months, or to both such fine
and imprisonment.

not below the rank of Corporal may, in relation to any public disperse

Takinp

ze2&.

19. Any person who-
(U) contravenes or fails to comply with any of the terms prohibid art in

or requirements of an order under this Part; or
(b) contravenes or fails to comply with any of the

terms and conditions subject to or upon which a
permit under section 16 has been issued; or

(c) holds, organizes, speaks at, attends or takes part in
any public meeting or public march contrary to any
of the provisions of this Part or of any order made,
or permit issued, thereunder; or

[The inclusion of this page is authorized by L.N. 480/ 19731

10 PUBLIC ORDER

(6) attempts to commit any of the aforesaid offences
or who incites, aids or abets any other person to
commit such an offence,

shall be guilty of an offence and be liable, on summary con-
viction before a Resident Magistrate, to a fine not exceeding
one hundred dollars or to imprisonment with or without
hard labour for any term not exceeding three months, or
to both such fine and imprisonment.

Exemptions.

First

20.41) Nothing in this Part shall apply to any meetings
or marches held or organized in connection with any of the
purposes set out in the First Schedule (so long as such
purpose continues to form part of such Schedule), or in
connection with such other purposes as may from time to
time be included in such Schedule as provided for by this
section.

(2) The Minister may, from time to time, by order
amend, vary or alter such Schedule in any respect, and may
add thereto or remove therefrom any purpose or name.

(3) The powers of the Minister under subsection (2)
of this section may be exercised in an order issued for the
purposes of this section, or in any order issued under section
14.

Schedule.

PART N. Public Ofices
Interprets- 21. In this Part-
tion.

“official premises” means any premises vested in the
Government of Jamaica or any local authority, or
in any person in trust for or on behalf of such
Government or such authority, and any premises,
whether so vested or not, occupied by any officer of
the Government of Jamaica or of any local
authority for the purposes of performing his duties
as such;

flhe inclusion of this page is authorized by L.N. 4801 19731

11 PUBLIC ORDER

“scheduled premises” means any official premises
specified in the Second Schedule;

“specified distance” means a radius of two hundred
yards from any point within the curtilage of any
scheduled premises.

Second
Schedule.

2 2 . 4 1 ) Any member of the Jamaica Constabulary Force Powerto
not below the rank of Corporal may, in relation to either- dis rse

(a) any public meeting held within the specified dis- and marches
tance of any scheduled premises; or meetings.

(b) any public march in progress which comes within
the specified distance of any scheduled premises,

require any person addressing or known to him to have
addressed such meeting or leading such march or appearing
to him to be the promoter or organizer or one of the pro-
moters or organizers or the leader or one of the leaders of
such meeting or march to call upon such meeting or march
to disperse.

(2) Any person required under subsection (1) to call
upon any meeting or march to disperse, who refuses, fails
or neglects forthwith to call upon such meeting or march to
disperse shall be guilty of an offence against this section,
and upon summary conviction before a Resident Magistrate
shall be liable to a fine not exceeding fifty dollars or to
imprisonment with or without hard labour for any term
not exceeding three months, or to both such fine and
imprisonment.

23. Where any person who is required under section 22 Powerof
to call upon any meeting or march to disperse refuses, fails
or neglects so to do, any constable of the Jamaica Eei,
Constabulary Force may call upon such meeting or march to disperse.
disperse.

constable to

-
[The inclusion of this page is authorized by L.N. 480/1973]

12 PUBLIC ORDER

When
march or
meeting
called upon
to disperse
participants
to do so.

Inciting.

Power to
add to
Second
Schedule.

Disorderly
behaviour
at public
meeting.

24.-(1) Every person who is present at any meeting or
march which is called upon to disperse under section 22 or
section 23 shall forthwith upon the meeting, or march being
called upon to disperse go to some place beyond the specified
distance from the scheduled premises by some route no
point of which is nearer to the scheduled premises than is the
place at which the meeting or march was called upon to
disperse.

(2) Every person who fails or neglects to comply with
the provisions of subsection (1) shall be guilty of an offence,
and upon summary conviction before a Resident Magistrate
shall bz liable to a fine not exceeding ten dollars or to
imprisonment with or without hard labour for any term not
exceeding two months, or to both such fine and imprison-
ment.

25. Every person who incites any person to contravene
the provisions of subsection (1) of section 24 shall be guilty
of an offence and upon summary conviction before a
Resident Magistrate shall be liable to a fine not exceeding
fifty dollars or to imprisonment with or without hard labour
for any term not exceeding three months, or to both such fine
and imprisonment.

26. The Minister may by order add to or remove from
the Second Schedule any official premises.

PART V. General Provisions
27.-( 1) Any person who at a public meeting acts in a dis-

orderly manner likely to prevent or obstruct the transaction
of the business of the meeting shall be guilty of an offence
against this subsection, and-

(a) if the offence is committed at a political meeting
shall be liable on conviction to imprisonment with
or without hard labour for a term not exceeding

-
nhe inclusion of this page is authorized by L.N. 4801 19731

PUBLIC ORDER 13

one year or to a fine not exceeding two hundred
dollars and in default of payment thereof to
imprisonment with or without hard labour for a
term not exceeding twelve months; or

(b) in any other case shall be liable on conviction to
a fine not exceeding one hundred dollars and in
default of payment thereof to imprisonment with
or without hard labour for a term not exceeding
three months.

(2) Any person who incites any other person to com-
mit an offence against this section shall be guilty of a like
offence.

(3) If any constable reasonably suspects any person
of committing an offence against subsection (1) or sub-
section (2) he may, or, if required so to do by the chairman,
shall require that person to leave the meeting forthwith.

(4) If any person having been required to leave any
meeting by any constable pursuant to the provisions of sub-
section (3) refuses or fails forthwith to leave such meeting
he shall be guilty of an offence against this subsection and
liable on summary conviction before a Resident Magistrate
to a fine not exceeding one hundred dollars and in default
of payment thereof to imprisonment with or without hard
labour for any term not exceeding three months.

28. Any person who in any public place or at any public prohibition
meeting uses threatening, abusive or insulting words or of conduct
behaviour with intent to provoke a breach of the pzace or to breaches
whereby a breach of the peace is likely to be occasioned, of peace. th
shall be guilty of an offence against this section, and-

conduave

(a) if the offence is committed at a political meeting
or within two hundred yards of any polling station
at which the poll is open for the purpose of the
election of a member of the House of Representa-
tives or of any Parish Council or of a Councillor

-
[The inclusion of this page is authorized by L.N. 4801 19731

\

14 PUBLIC ORDER

421 1969
3rd Sch.

of the Kingston and Saint Andrew Corporation
shall be liable on conviction thereof to imprison-
ment with or without hard labour for any term
not exceeding one year or to a fine not exceeding
two hundred dollars and in default of payment
thereof to imprisonment with or without hard
labour for any term not exceeding twelve months;
or

(b) in any other case shall be liable on conviction
thereof to a fine not exceeding one hundred dollars
and in default of payment thereof to imprisonment
with or without hard labour for any term not
exceeding three months.

Prohibition
of offensive
weapon.

29.41) Any person who, while present at any public
meeting, has with him (either openly or concealed about his
person) any offensive weapon otherwise than in pursuance
of lawful authority shall be guilty of an offence against this
subsection, and-

(a) if the offence is committed at a political meeting,
shall be liable on conviction to imprisonment with
or without hard labour for any term not exceeding
one year or to a fine not exceeding two hundred
dollars and in default of payment to imprisonment
with or without hard labour for any term not
exceeding twelve months; or

(b) in any other case, shall be liable on conviction to a
fine not exceeding one hundred dollars and in
default of payment to imprisonment with or with-
out hard labour for any term not exceeding three
months.

(2) Every person who at any time when any public
meeting is in progress has with him any firearm upon any
thoroughfare or in any public place within earshot of any
speaker at such meeting shall be deemed to have had such

IThe inclusion of this page is authorized by L.N. 4801 19731

PUBLJC ORDER 15

firearm while present at such public meeting until he proves
affirmatively that his presence upon such thoroughfare or
in such public place at such time was neither directly nor
indirectly consequent upon the fact that such meeting was
in progress at such time.

(3) For the avoidance of doubt it is expressly declared
that-

(4 the lawful possession of any licence or permit to -,
carry a firearm in any public place shall not afford
a defence to any proceedings under this section;
and

( b ) a person shall be deemed to be within earshot of
any speaker at any time when he is at any point
at which the voice of the speaker is in fact audible,
notwithstanding that it would not have been so
audible but for the use of a microphone, amplifier
or other apparatus or device.

(4) Any person who on the day of any election for a
member of the House of Representatives or of any Parish
Council or for a Councillor of the Kingston and Saint 42/1969

one hour before the hour appointed for the opening of the
poll and six hours after the closing of the poll, while in any
public place within the constituency or electoral division
or electoral area in which the election is taking place, has
with him any offensive weapon otherwise than in pursuance
of lawful authority, shall be guilty of an offence against
this subsection and shall be liable on conviction to imprison-
ment with or without hard labour for any term not exceed-
ing one year or to a fine not exceeding two hundred dollars
and in default of payment to imprisonment with or without
hard labour for any term not exceeding twelve months.

(5) For the purposes of this section, a psrson shall
not be deemed to be acting in pursuance of lawful authority
unless-

Andrew Corporation at any time during the period between 3rd Sch.

[The inclusion of this page is authorized by L.N. 480/1973]

16 PUBLIC ORDER

(a) if the offensive weapon involved be a firearm, he
is acting in his capacity as a member of the Armed
Forces of the Crown or as a constable; or

(b) if the offensive weapon involved be other than a
firearm, he is acting in his capacity as a servant
of the Crown or of any local authority or as a con-
stable or as a member of a fire brigade.

Powerof 30.41) Subject to the provisions of subsections (2) and
(3), where any constable has reasonable cause to suspzct that
any person has concealed about his person any offensive
weapon contrary to the provisions of section 29 he may
search such person and, if he considers it necessary, take
such person to a police station for the purpose.

search.

(2) No article of a person’s clothing shall be removed
for the purposes of any search authorized by this section
unless such person is first taken to a police station.

(3) No female shall be searched by any other than a
female.

(4) Any person who resists or obstructs any search
authorized by this section or who absconds before such
search is concluded shall be guilty of an offence against this
section and shall be liable on conviction thereof to imprison-
ment with or without hard labour for a term not exceeding
one year or to a fine not exceeding two hundred dollars
and in default of payment thereof to imprisonment with
or without hard labour for any term not exceeding twelve
months.

31. A constable may arrest without warrant any person
reasonably suspected by him to be committing or to have
committed any offence against this Act.

Power of
arrest.

me inclusion of this page L authorized by L.N. 480/1973]

17 PUBLIC ORDER

32. Every offence against this Part may, except where Trialof
offences. otherwise expressly provided, be tried either summarily

before a Resident Magistrate or on indictment before a
Circuit Court.

33. Upon the trial of any person charged with having ~~~~f

29 it shall not be necessary to set out in the information or gz?ted
indictment that the offence was committed at a political atpo!itical
meeting, but if the Court is satisfied that it was so committed
such finding shall be recorded in the judgment.

committed an offence against section 27, section 28 or section information. ,,,hem

mectmg.

tThe Wusion of this page is authorized by L.N. 480/1973]

18 PUBLIC ORDER

FIRST SCHEDULE (Sections 14, 20)

1. Religious services held under the authority of the heads of the

(a) The Church in Jamaica in the Province of the West Indies.
(6) The Roman Catholic Church.
(c) The Presbyterian Church.
(d) The Methodist Church.
(e) The Baptist Union.
(f) The Congregational Union.
(g) The Christian Science Churches.
(h) The Jamaica Association of Christian Churches.
(i) The Church of Christ.
(j) The Moravian Church.
(k) The Friends Churches.
(0 The Salvation Army.
(m) The African Methodist Episcopal Churches.
(n) The Seventh-day Adventist Church.
(0) The Church of God.
(p) The United Congregation of Israelites.

following denominations-

2. The Jamaica Agricultural Society.
3. Burial Scheme Societies.
4. Educational classes, and recreation in schools.
5. Born fide cinematograph, musical and theatrical entertainments

6. Bona fide horse racing, cycle racing, cricket, football, hockey, polo,
and dancing.

athletics, tennis, boxing, swimming and other sports.

L.N.
125 165.
142 165.

SECOND SCHEDULE (Sections 21, 26)

Headquarters House, Duke Street, Kingston.
The Offices of the Kingston and St. Andrew Corporation, Kingston.
The Head Offices of all Ministries.
Jamaica House.
King’s House.
Gordon House.
The Cabinet offices.

P’he indusion of this page is authorized by L.N. 48Ql19731