What are we going to do? 

This government fully supports the right of individuals to engage in peaceful protest.  However, recently we have seen a rise in disruptive and dangerous tactics used during protests. This includes protesters misusing flares and fireworks, climbing on war memorials and seeking to avoid criminal liability by concealing their identity using face coverings. 

The government keeps  public order legislation under constant review, and where gaps are identified, we will act to address them.  That is why we are giving the police new powers which will enable them to put a stop to such disorderly behaviour and keep the public safe. 

These measures will ensure that police can better balance the rights of protesters against the rights of others to go about their daily business without disruption or alarm. 

How are we going to do it? 

Introduce a new criminal offence of climbing on a specified war memorial

This measure will criminalise the act of climbing on the most significant war memorials in our country, such as the Cenotaph. The offence will carry a maximum penalty of three months’ imprisonment, a £1,000 fine, or both. 

Introduce a new criminal offence which prohibits the possession of pyrotechnic articles for those taking part in a protest

This measure will criminalise the possession of pyrotechnic articles (such as a flare or firework) for protest participants. The offence will carry a penalty of up to a £1,000 fine. 

A new criminal offence which prohibits the wearing or otherwise using of an item that conceals identity when in an area designated by police under the new provisions 

This measure will criminalise the act of wearing or otherwise using an item (for instance a face covering) that conceals their or another person’s identity when in an area that the police have designated. A designation can only be made in relation to an area when the police reasonably believe that a protest may or is taking place in that area, the protest is likely to involve or has involved the commission of offences and that a designation would prevent or control the commission of offences. The offence will carry a maximum penalty of one month imprisonment, a £1000 fine, or both. 

Background 

The bill will introduce new criminal offences of possessing a firework at a procession and climbing on a war memorial. The bill also creates a new power for the police to require someone to remove a face covering during a protest. 

War memorials 

Protests in recent years have included protestors climbing on war memorials. This has generated public criticism and calls for greater police action to prevent this. Deliberate targeting of war memorials is disrespectful, and an affront to British values of decency and respect.  

The new offence will criminalise the act of climbing on the most significant war memorials in our country, such as the Cenotaph. The offence will carry a maximum penalty of three months’ imprisonment, a £1,000 fine, or both. 

Pyrotechnic articles 

Recent protests have included the misuse of flares and fireworks by protestors, which carry risks to public safety. Existing legislation prohibits the use of fireworks in public places and possessing explosives other than for a lawful purpose but does not cover the possession of fireworks or flares during protests.  

The new offence will criminalise the possession of pyrotechnic articles (such as a flare or firework) by those taking part in a  protest. The offence will carry a penalty of up to a £1,000 fine. 

Concealing identity at a protest 

Current legislation gives police the power to direct people to remove face coverings in designated areas and to seize face coverings where they reasonably believe people are wearing these wholly or mainly for the purpose of concealing their identity. Individuals may therefore follow the direction of an officer to remove their face covering but then move to a new area and put the face covering back on. In some circumstances, using a face covering to conceal identity may be used for the purpose of avoiding conviction for criminal activity in a designated area.  

The new criminal offence will prohibit the wearing or otherwise using of an item to conceal identity in an area designated by the police under the new provisions. The offence will carry a maximum penalty of one month imprisonment, a £1000 fine, or both. 

Frequently asked questions 

War memorials 

Why is the measure needed?  

In recent protests, we have seen protestors climbing on war memorials. 

The new offence will provide greater clarity to police when dealing with this behaviour and will make clear that such disrespectful behaviour is unacceptable. 

Are all war memorials covered in this measure?  

The offence will cover war memorials on publicly accessible land which are designated as Historic England National Heritage Category I sites, which are sites which have been identified as having special architectural and historic interest. 

This covers 25 historic sites, such as the Cenotaph, the Royal Artillery Memorial, Portsmouth Naval War Memorial. Liverpool Cenotaph, and the Guards Memorial. 

Why aren’t all war memorials being protected?  

Our focus in creating the offence has been to ensure that memorials where there has been a particular issue during protests are covered by the offence (such as the Cenotaph and Royal Artillery memorial) as well as other significant war memorials across England.   

As a result, the offence will cover war memorials on publicly accessible land which have been designated as Historic England National Heritage Category I sites, which are those that have been identified as having special architectural and historic interest. 

The government will be able to add to the list of protected war memorials should a site be identified in the future that requires inclusion. 

Does this mean someone could be arrested for cleaning a war memorial or standing on one by accident? 

Activities such as approved maintenance will not be criminalised, as it is a defence if you have the permission of the owner of the memorial or have another good reason for climbing it. 

Does this apply outside of protests? 

Yes, climbing a specified war memorial outside of a protest is an offence. 

Does this apply for statues? 

This measure applies to 25 specified war memorials. Some of these 25 sites include statues as part of the war memorial. The measure does not apply to any statues not included in the specified list of war memorials.  

Pyrotechnics 

Why is the measure needed? 

During recent protests, we have observed that protesters have been misusing flares and fireworks. Existing legislation prohibits the use of fireworks in public places and possessing explosives other than for a lawful purpose but does not cover the possession of fireworks or flares during protests. 

It is also already against the law to possess a firework at certain musical events and football matches. Protests are not covered by existing legislation. 

The widespread misuse of pyrotechnic articles has implications regarding public safety. The new measure will enable the police to take consistent, preventative action to prevent disorderly and unsafe use of pyrotechnic articles during protests. 

How is a ‘pyrotechnic article’ defined in the context of the new offence? 

The definition includes any article containing explosive substances designed to produce heat, light, sound, gas and/or smoke by self-sustained exothermic chemical reactions. This will include any flare or firework. It will not include everyday items such as e-cigarettes or matches. 

Does this measure consider innocent bystanders who are exercising a legal right to be in possession of a pyrotechnic article? 

The measure will not criminalise those who are not taking part in a protest or those who are in possession of a pyrotechnic article in connection to their employment or have any other reasonable excuse for possession of it while taking part in the protest.  

How will this impact existing public events which routinely use pyrotechnics, for instance Bonfire Night celebrations? 

The offence only applies to those taking part in protest events. In particular, no offence is committed where a person is taking part in a cultural or religious event of a kind at which pyrotechnic articles are customarily used.  

Concealing identity at a protest 

What is the measure being introduced? 

A new criminal offence of wearing, or otherwise using, an item that conceals identity in an area designated by police due to the risk of criminal activity taking place at protests. This will enable the police to put a stop to individuals hiding behind masks to avoid conviction for criminal activity at protests. 

A designation will be placed on a locality when police reasonably believe that a protest is or may take place, that the protest activity is likely to involve, or has involved, the commission of offences and that the designation would prevent or control the commission of offences. 

The offence will only apply in a locality which has been designated by a police inspector (or a rank above) and the designation can only last for a maximum of 48 hours. It will cover individuals who are wearing or otherwise using an item that conceals their or another person’s identity, however it will not cover those wearing face coverings for health, religious or work-related purposes.  

Why are these measures needed? Don’t police already have powers to remove face coverings? 

Current legislation gives police the power to direct people to remove face coverings in designated areas and to seize face coverings. However, there is a loophole whereby an individual may follow the direction of an officer to remove their face covering but then move to a new area and put the face covering back on. We want to close that loophole. 

Are you criminalising all uses of face masks? Does this apply outside protests?  

An area can only be designated when it is thought that a protest may or is taking place, that the protest is likely to involve or has involved the commission of offences and that a designation will prevent or control the commission of offences. 

The offence will only apply to those who are within the designated locality.  

The offence will apply to people in the designated locality who are wearing or otherwise using an item that conceals their or another person’s identity, but the offence will not apply to those wearing a face mask or other item for a different purpose, such as for religious observance, health or work reasons. 

What about people who wear masks for religious or medical reasons? 

The purpose of the new offence is to prevent protesters from concealing their identity for the purpose of avoiding conviction for criminal activity in the designated area. Those who are covering their faces for religious, health or work purposes will not be criminalised. This is explicitly set out in the offence.