ASSEMBLY, UNLAWFUL, the term used in common 117 for an assembly of three or more persons with intent to commit a crime by force, or to carry out a common purpose (whether lawful or unlawful), in such a manner or in such circumstances as would in the opinion of firm and rational men endanger the public peace or create fear of immediate danger to the tranquillity of the neighbourhood. In the Year Book of the third year of Henry VII.'s reign assemblies were referred to as not punishable unless in terrorem populi domini regis. An assembly, otherwise lawful, is not made unlawful if those who take part in it know beforehand that there will probably be organized opposition to it, and that it may cause a breach of the peace (Beatty v. Gillbanks, 1882, 9 Q. B. D. 308), but if words are said or acts done indirectly inducing others to commit a breach of the peace, the meeting be comes unlawful (Wise v. Dunning, 1902, I K. B. 167) . All per sons may, and must if called upon to do so, assist in dispersing an unlawful assembly (Redford v. Birley, 1822, I St. Tr. n.s. 1215 ; R. v. Pinney, 1831, 3 St. Tr. n.s. I I). This is merely one aspect of the common law duty of every man to assist in keeping the peace and it is an indictable misdemeanour to refuse so to assist (R. v. Sherlock, I C. C. R. 2o). An assembly which is lawful cannot be rendered unlawful by proclamation unless the proclamation is one authorized by statute (R. v. Fursey, 3 St. Tr. n.s. 543, 567; R. v. O'Connell, 1831, 2 St. Tr. n.s. 629, 656; see also the Prevention of Crimes [Ireland] Act 1887). Meetings for training or drilling, or military movements, are unlawful assemblies unless held under lawful authority from the Crown, the lord-lieutenant, or two justices of the peace (Unlawful Drill ing Act 182o, s. II).
An unlawful assembly which has made a motion towards its common purpose is termed a rout, and if the unlawful assembly should proceed to carry out its purpose, e.g., begin to demolish a particular enclosure, it becomes a riot (q.v.). All three offences are misdemeanours in English law, punishable by fine and im prisonment. The common law as to unlawful assembly extends to Ireland, subject to the special legislation referred to under the title RIOT. The law of Scotland includes unlawful assembly under the same head as rioting.