Policy paper

Public Order Bill: factsheet

Updated 30 August 2023

Applies to England and Wales

Commencement dates

The following measures in the Public Order Bill will commence on 3rd May 2023:

• the definition of serious disruption in the Public Order Bill
• locking on
• going equipped to lock on
• interference with key national infrastructure
• amending the seniority of police officer in London who may attach conditions to an upcoming protest or prohibit a trespassory assembly to match that applicable in forces outside of London

What are we going to do?

This government fully supports the right of individuals to engage in peaceful protest; however, the serious disruption caused by a small minority of protestors has highlighted that more needs to be done to protect the public and businesses from these unacceptable actions.

These new measures are needed to bolster the police’s powers to respond more effectively to disruptive and dangerous protests. Over recent years, guerrilla tactics used by a small minority of protesters have caused a disproportionate impact on the hardworking majority seeking to go about their everyday lives, cost millions in taxpayers’ money and put lives at risk. This has included halting public transport networks, disrupting fuel supplies and preventing hundreds of hard-working people from getting to their jobs. Protests such as these removes police from their regular duties tackling crime in local communities.

The measures in the Public Order Bill will improve the police’s ability to manage such protests and take a proactive approach to prevent such disruption happening in the first place. This in turn will ensure that police can better balance the rights of protesters against the rights of others to go about their daily business and to focus their resources on keeping the public safe.

How are we going to do it?

Introducing new criminal offences of locking-on and going equipped to lock-on

These measure criminalise the protest tactic of individuals attaching themselves to others, objects or buildings to cause serious disruption. The locking-on offence will carry a maximum penalty of six months’ imprisonment, an unlimited fine, or both.

The maximum penalty for the offence of going equipped to lock-on will be an unlimited fine.

Introducing a new offence of obstructing major transport works

This measure will cover certain behaviour which obstructs or interferes with the construction or maintenance of major transport projects such as HS2.

This offence will attract a maximum penalty of six months’ imprisonment, an unlimited fine, or both.

Introducing a new offence of interference with key national infrastructure

This offence covers any behaviour which prevents or significantly delays the operation of key infrastructure, including airports, railways, printing presses and downstream oil and gas infrastructure.

This offence will attract a maximum penalty of 12 months’ imprisonment, an unlimited fine, or both.

Introducing new offences of causing serious disruption by tunnelling

These offences will cover the act of tunnelling – which includes creating a tunnel, participating in creating a tunnel and being present in a tunnel – where such an act is causing or capable of causing serious disruption. The maximum penalties for these offences will be 3 years imprisonment, an unlimited fine or both.

A person will not be charged with an offence if they had a reasonable excuse for creating, or participating in the creation of, the tunnel. A reasonable excuse may include, for example, legitimate roadworks.

This measure will also make it an offence to be equipped for tunnelling with the intention that the equipment may be used in connection with the offences mentioned above. The maximum penalty for these offences will be 6months’ imprisonment, an unlimited fine or both.

Extending stop and search powers for police to search for and seize objects (such as lock-on devices) that may be used in the commission of a protest related offence

This measure will enable the police to proactively tackle highly disruptive protesters intent on committing an offence by searching for and seizing items which are made, adapted or intended to be used in connection with protest related offences (including those listed above).

The bill provides for both a suspicion-led power, amending section 1 of the Police and Criminal Evidence Act 1984, and a suspicion-less power. Suspicion-led stop and search is where a police officer reasonably suspects that a person is carrying an object that is made or intended for use in connection with a protest related offence.

When the suspicion-less stop and search power has been authorised it will allow a constable to conduct a stop and search without the need for suspicion. The power can be used when a police officer of or above the rank of Inspector gives an authorisation for its use in a specified locality for a specified period.

The suspicion-less stop and search power uses a similar framework to that found within section 60 of the Criminal Justice and Public Order Act 1994 to ensure consistency in terms of police powers and safeguards.

Introducing serious disruption prevention orders, a new preventative court order targeting protestors who are determined to repeatedly inflict disruption on the public

This measure will allow courts to place prohibitions or requirements they consider necessary to prevent someone from causing serious disruption. It must be necessary to impose the SDPO for a specified purpose including preventing the individual from committing another protest related offence.

An SDPO on conviction may only be imposed when an individual, aged 18 or over, convicted of a protest related offence, has on a previous occasion within the relevant time period:

1. committed another protest related offence for which the individual was convicted, or

2. committed a protest related breach of an injunction for which the individual was found in contempt of court

The protest related offence for which the individual was convicted, and the previous offence or breach must relate to different protests or have taken place on different days.

Additionally, a court may only impose an SDPO on application by police where the court is satisfied that an individual over the age of 18 on at least two occasions in the relevant period has:

1. been convicted of a protest related offence, or

2. committed a protest related breach of an injunction for which the individual was found in contempt of court

The two occasions must relate to different protests or have taken place on different days.

For all these circumstances, the relevant period for consideration of convictions or behaviour will be five years prior to the day an SDPO is imposed. However, a court will only be able to look back to a person’s 16th birthday.

Prohibitions or requirements imposed on a person given an SDPO may include prohibiting an individual from being in a particular place, being with particular people, having particular articles in their possession and using the internet to facilitate or encourage person to commit a protest related offence. Breach of an SDPO without reasonable excuse is a criminal offence carrying a maximum penalty of six months’ imprisonment, an unlimited fine, or both.

Amending the seniority of police officer in London who may attach conditions to an upcoming protest or prohibit a trespassory assembly to match that applicable in forces outside of London

The current minimum rank of Assistant Commissioner will be changed to that of Commander, which is equivalent to Assistant Chief Constables outside of London.

This measure will spread the burden of setting conditions on protests in London more evenly across the senior leadership of the Metropolitan Police and City of London Police.

Extending the powers to manage public assemblies to the British Transport Police and the Ministry of Defence Police

This measure will extend the powers to manage public assemblies in part II of the Public Order Act 1986 to the British Transport Police and Ministry of Defence Police. This includes the power to place conditions on public assemblies and single person protests in certain circumstances.

Currently all of these powers are only available to territorial forces of England and Wales.

Enabling the Secretary of State to bring civil proceedings in relation to protest activity

This measure will enable a Secretary of State to bring civil proceedings where protest action is causing, or is likely to cause, serious disruption to key national infrastructure or access to essential goods or services in England and Wales, or where protest activities have, or are likely to have a serious adverse effect on public safety. Where the court grants an injunction in the context of those proceedings, the measure enables the court to attach a power of arrest.

The intention is to offer a way for government to step in, in the public interest, where the potential impact of the protest activity is serious and widespread.

Where an injunction is granted by the court with a power of arrest attached, the powers will support the police in taking action earlier to respond to those who choose to engage in disruptive and dangerous forms of protest.

Introducing abortion clinic safe access zones

This measure introduces safe access zones around abortion clinics, where interference with any person’s decision to access, provide, or facilitate the provision of abortion services within the 150m zone is an offence.

The police will have powers to enforce the safe access zones and an offence will carry an unlimited fine.

Protection of journalists

This measure establishes a safeguard for journalists by specifying that the police cannot use their powers solely to prevent a person from reporting on or observing protests.

The police can still lawfully exercise their powers, for example of arrest or to maintain public order and public safety, for other legitimate purposes.

Background

Current legislation to manage protests provides predominantly for powers to counter behaviours at protests which are violent or distressing to the public. These powers include those under the Public Order Act 1986 (the “1986 Act”) which provides the police with powers to manage public processions and assemblies, including protests. Sections 12 and 14 of the 1986 Act (as amended by the Police, Crime, Sentencing and Courts Act 2022) allow the police to impose any type of condition on a public procession or public assembly necessary to prevent: significant impact on persons or serious disruption to the activities of an organisation by noise; serious disorder; serious damage to property; serious disruption to the life of the community; or if the purpose of the persons organising the protest is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.

The Public Order Bill builds on the public order measures in Part 3 of the Police, Crime, Sentencing and Courts Act 2022 which, amongst other things, update the powers in the 1986 Act enabling the police to impose conditions on a protest, provide for a statutory offence of intentionally or recklessly causing public nuisance and increases the maximum penalty for the offence of wilful obstruction of a highway.

Frequently asked questions

Why are you reintroducing these measures?

These are sensible and proportionate measures designed to allow the police to better balance the rights of protestors and the public.

Recent actions by protest groups such as Just Stop Oil and Insulate Britain have shown that the government needs to act in preventing serious disruption.

Will these measures ban protests?

No, these measures will not ban protests.

These measures will only prevent a small minority of individuals from causing serious disruption to the daily lives of the public.

Is there public support for these measures?

Absolutely. A YouGov poll published in March 2022 found that close to two thirds (63%) of the public support making ‘locking on’ a criminal offence^{[footnote 1]}.

A more recent survey also found that 53% of those asked supported tougher measures for activists blocking roads, transport and other infrastructure^{[footnote 2]}.

Are these measures compliant with human rights?

Yes. Articles 10 and 11 of the European Convention on Human Rights set out that everyone has the right to freedom of expression, assembly and association.

However, these rights are not absolute and must be balanced with the rights and freedoms of others. These new measures will balance the rights of protesters with the rights of others to go about their business unhindered. The measures will achieve this by enabling the police to better manage highly disruptive protests.

As with existing public order powers, the police will need to act compatibly with the human rights of protesters when using them.

Won’t extending stop and search powers have a disproportionate impact on people from an ethnic minority background?

Nobody should be stopped and searched because of their race or ethnicity and safeguards exist to ensure that this does not happen, including statutory codes of practice, use of body worn video to increase accountability and extensive data collection.

Existing safeguards for the stop and search powers that are already in place will apply to stop and search powers provided for in this bill. We regularly review our safeguards, and we now collect more data on stop and search than ever before – this data is posted online, enabling PCCs and others to hold forces to account for their use. It is also important that communities hold PCCs to account, through the electoral process.

Why is it necessary to criminalise tunnelling?

Some protestors dig tunnels to disrupt legitimate and lawful activities. This tactic places not only protestors’ lives at risk, but also those of the police and emergency services who must respond to their reckless behaviour.

For example, while removing protestors from the Euston Square tunnel, HS2 reported that a protestor removed part of the shoring, causing a tunnel to collapse on a contractor.

Won’t this mean more junior and inexperienced officers are setting conditions on protests?

This measure simply makes the power for chief police officers to delegate their authority to set conditions equivalent across all forces in England and Wales. The rank of Commander in the City of London and Metropolitan Police Forces is equivalent to that of Assistant Chief Constable in forces outside London.

This measure will only affect the City of London and Metropolitan Police Forces. We are not changing the rank of officer this power can be delegated to in forces outside London.

Why is it necessary to extend the power to bring proceedings in relation to protest activity to the Secretary of State?

Recently we have seen protesters blocking key national infrastructure and potentially causing delays to the supply of goods and services. This activity has occurred across local authority lines and has placed many lives at risk.

The measures can support better coordination of the injunction process by providing a specific way for a Secretary of State to intervene where the potential impact of the protest activity is so serious and widespread, and where there is a clear public interest to do so.

What are the consequences of breaching an injunction?

A party who breaches an injunction can be held in contempt of court which in some circumstances can lead to imprisonment.

Key facts

Disruptive protests have become increasingly common in recent years. For example, the total cost of policing Just Stop Oil protests is now over £14.5 million.

Between 1 October 2022 and 14 December 2022, the Metropolitan Police made over 750 arrests relating to Just Stop Oil protests. This alone cost the taxpayer over £7.5 million. Some 13,600 Metropolitan Police officer shifts were required to respond to these protests, diverting police from our communities.

During Extinction Rebellion’s protests of April and October 2019, some of London’s busiest areas were brought to a standstill for several days. This had a disproportionate impact on commuters and small businesses, with the policing operation for the two extended protests costing £37 million.

Additionally, the October 2019 protest alone required over 418,000 police officer hours to manage. These officers were pulled away from regular duties such as pursuing serious crime and neighbourhood policing.

HS2 Ltd estimated in October 2022 that sustained protester activity at some sites had cost the project up to £146 million.

Footnotes

1. Policing Bill: Britons support proposed new police protest powers - YouGov ↩

2. EXPRESS-2022-4-16.pdf (techneuk.com) ↩