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<p>Section 72 of the Antisocial behaviour, Crime and Policing Act 2014 states that
when making decisions regarding a Public Spaces Protection Order, a local authority
must have particular regard to the rights of freedom of expression and freedom of
assembly set out in articles 10 and 11 of the European Convention on Human Rights.</p><p>The
Government issues statutory guidance on the use of antisocial behaviour powers provided
under the Antisocial behaviour, Crime and Policing Act 2014 - <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1088750/2022_Updated_ASB_Statutory_Guidance-_FINAL.pdf"
target="_blank">Anti-social behaviour powers (publishing.service.gov.uk)</a>.</p><p>The
Local Government Association has also published guidance for councils on the use of
Public Spaces Protection Orders, which makes reference to local authorities’ human
rights obligations - <a href="https://www.local.gov.uk/sites/default/files/documents/10.21%20PSPO%20guidance_06_1.pdf"
target="_blank">Public spaces protection orders: guidance for councils (local.gov.uk)</a>.</p><p><ins
class="ministerial">In 2019, the Court of Appeal upheld the legality of the Public
Spaces Protection Order outside the abortion clinic in Ealing. The Court concluded
that on balance the provision of that specific designated area with its restrictions
allows both the Pro-Life and Pro-Choice groups to exercise their Article 9 (freedom
of thought, religion and belief), 10 and 11 rights in a way which protects the rights
of others in the locality, particularly the Article 8 rights (respect for private
and family life) of clinic service users.</ins></p>
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