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What rule was established by the
HL in O’Reilly v Mackman ? Can it be argued that in the later decided cases,
the courts have taken a pragmatic approach to the scope of this rule? Has the
rule survived the introduction of the Civil Procedure Rules?

In R (on the application of
Richards) v Pembrokeshire County Council (2004), Neuberger LJ stated: . . . the
advent of the Human Rights Act 1998, and in particular the consequent
introduction into English law of Article 6 of the European Convention on Human
Rights, may have an impact on the continuing effectiveness of the reasoning in
Ostler . To what extent, if any, do you agree with this view?

1. In the words of Sir Konrad
Schiemann, ‘does locus standi matter or are the courts becoming so liberal that
we can forget it?’
2.  An alternative to the present
arrangements on standing would be to allow anyone to seek judicial review of
any decision which they wished to challenge. What would be the advantages and
disadvantages of such a system?

In Cumming v Chief Constable of
Northumbria Police (2003), Brooke LJ remarked that he had been ‘very uneasy
about this case throughout the hearing of the appeal’ and that he remained so
at its conclusion. What does the case tell us about the effectiveness of
‘reasonable suspicion’ as a safeguard against police abuse of their power of
arrest?

1. Where a defendant is charged
with an offence under either s 89(1) or (2) of the Police Act 1996, what requirements
must be satisfied in order for the defendant to be convicted?
2. Why do you think that
Parliament saw fit to treat processions and assemblies differently when
enacting the Public Order Act 1986?

Having regard to the police
powers discussed in this chapter, to what extent, if any, do they strike the
right balance between the needs of the police to prevent or investigate crime
on the one hand, and the rights and liberties of the individual on the other?

Prior to their repeal, it was
argued that the provisions in the Serious Organised Crime and Police Act 2005
relating to demonstrations within the vicinity of Parliament constituted an
unnecessary extension of police powers. Do you think that the new powers under
Part 3 of the Police Reform and Social Responsibility Act 2011 strike a better
balance between protestors’ Convention rights and the need to maintain public
order?