The most common charge under the Gatherings Act is ‘illegal gathering’ – either convening a gathering without giving notice, or attending a gathering that has been prohibited. Often protesters may also be charged with public violence, malicious injury to property, and assault. These offences are part of common law, not the Gatherings Act.

‘Public violence’ is a very broadly defined the unlawful and intentional commission, together with a number of people, of an act which assumes serious dimensions and which is intended forcibly to disturb public peace and tranquillity or to invade the rights of others.

‘Malicious injury to property’ consists of unlawfully and intentionally damaging the property of another.

‘Assault’ consists of unlawfully and intentionally applying force to another person, or inspiring a belief in another person that force will be immediately applied to them. (Assault with intent to cause grievous bodily harm is another form of assault, where the accused caused or intended to cause serious injury.)

The Gatherings Act also states that in the event of riot damage, the conveners and their organisations may be liable for any costs, unless they can show that they were not involved in the damage or that they took reasonable steps to prevent it. This is a bad provision because it means the organiser of the protester may be held responsible for the actions of a few opportunists.