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213 Chapter 9 Offences Relating to Public Peace In this chapter the lawmaker deals with conduct considered as primarily constituting a danger to public peace and tranquility. The offences dealt with would appear to suggest that public peace is necessarily imperilled from the mere fact of (i) people congregating in certain circumstances (sections 231236 ); (ii) unlawfully possessing arms (sections 237-238) or going armed (section 248); (iii) giving vent to some forms of inconsiderate expression (sections 240-241); and (iv) indulging in certain ill-practices (sections 249-251) and nuisance conduct (sections 239, 243, 245, 247).§1. Unlawful assembly The name similarity between the ‘unlawful assembly’ offences (section 231) in this country and the offence of unlawful assembly in other jurisdictions is deceptive474 . Section 231 does not deal with people meeting and in such circumstances of terror as endanger the public peace. The section does not require that there be an assembly at all. What is unlawful under the section is the arrangement of, or invitation to, a would-be assembly without giving such notice, as may be required by law. From this it follows that the title of section 231 seems a misnomer. In other jurisdictions an unlawful assembly is a gathering of two or three persons if it can reasonably be found that the assembly is likely to endanger the public peace. The law of unlawful assembly under section 231 is, by contrast, not concerned with people assembling themselves together for an ill purpose contra pacem (‘against the peace’), though they do nothing. The section is concerned with the contravention of public order laws regulating public assemblies, public meetings and demonstrations, and the maintenance of public order475 . Section 231 deals with several so-called ‘unlawful assembly’ offences. It is an offence under the section: x To take part in the arrangement for a meeting in any place open to the public without having given such notice as may be required by law. 474 In England, the Public Order Act of 1986 replaced the four common law offences of riot, rout, affray and unlawful assembly with three statutory offences, viz. riot, violent disorder and affray. The Act also makes extensive provision relating to threatening, abusive, insulting or disorderly conduct, to public processions and meetings, and to incitement to racial hatred. 475 On the laws relating to the maintenance of public order see Law No.90/ 055 of 19 December 1990 on Public Meetings and Demonstrations; Law No.90/054 of 19 December 1990 on Maintenance of Public Order. 214 x To take part in the arrangement for a meeting in any place open to the public before the expiry of any period of notice as may be required by law. x To take part in the arrangement for a meeting in any place open to the public after service of lawful prohibition. x To take part in the arrangement for a demonstration or procession in any place open to the public without having given such notice as may be required by law. In s.231 the word ‘or’ in the phrase ‘demonstration or procession’ is not to be construed disjunctively but as implying similarity. x To take part in the arrangement for a demonstration or procession in any place open to the public before expiry of such period of notice as may be required by law. x To take part in the arrangement for a demonstration or procession in any place open to the public after service of lawful prohibition. x To issue by whatever means, before giving such notice as may be required by law any invitation to attend a meeting or a demonstration or procession in any place open to the public. x To issue by whatever means, after service of lawful prohibition, any invitation to attend a meeting or a demonstration or procession in any place open to the public. x To give notice liable to mislead the authorities in respect of the character or purpose of the proposed meeting, demonstration or procession. Presumably, each of these offences is denoted as an unlawful assembly first because the object in each case is to gather people (an assembly), and secondly because the unlawfulness of the intended gathering arises from lack of the requisite permit or notice for it. Each offence is punishable by imprisonment for from 15 days to 6 months and a fine476 . Section 231, be it noted, punishes as an unlawful assembly the arrangement for or invitation to a public meeting, demonstration or procession without...

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