Police, Crime, Sentencing And Courts Act 2022

Part 3: Public order

1. Sections 73 to 75 and 79 amend Part 2 of the Public Order Act 1986 (the "1986 Act") which provides various powers to manage processions and assemblies. In particular, sections 12 and 14 give the police a power to impose conditions on people organising and taking part in public processions and public assemblies, respectively. Part 2 of the 1986 Act extends and applies to England and Wales, and Scotland, but sections 73 to 75 and 79 have been drafted so that the changes apply to England and Wales only.
2. Section 12 provides that if the senior police officer, having regard to various factors, reasonably believes that a public procession:
   1. may result in:
      1. serious public disorder,
      2. serious damage to property,
      3. or serious disruption to the life of the community,
   2. or the purpose of the persons organising it 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 senior police officer may give directions imposing on the persons organising or taking part in the procession such conditions as appear to them necessary to prevent such disorder, damage, disruption or intimidation. Such directions can include conditions as to start and finish times, route and the size of processions.
3. Section 14 is drafted in similar terms, although the range of conditions that can be imposed are limited. Section 14 provides that if the senior police officer, having regard to various factors, reasonably believes that a public assembly:
   1. may result in:
      1. serious public disorder,
      2. serious damage to property, or
      3. serious disruption to the life of the community.
   2. or the purpose of the persons organising it 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 senior police officer may give directions imposing on the persons organising or taking part in the assembly such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to them necessary to prevent such disorder, damage, disruption or intimidation.
4. A "public procession" means a procession in a public place (section 16 of the 1986 Act).
5. A "public assembly" means, in England and Wales, an assembly of two or more persons in a public place which is wholly or partly open to the air (section 16 of the 1986 Act).
6. Any directions given under sections 12 and 14 given by a chief officer in relation to a procession or assembly that is intended to be held must be done so in writing (section 12(3) and section 14(3)).
7. It is an offence for an organiser or a participant of a public procession to knowingly fail to comply with a condition imposed under section 12 of the 1986 Act. It is a defence for them to prove that the failure arose from circumstances beyond their control (section 12(4) and (5)). It is also an offence for an individual to incite a person to breach an imposed condition. The maximum sentence for the offence in the case of a person who organised the public assembly is three months’ imprisonment, a level 4 fine (currently £2,500), or both, or in the case of a person who simply took part in the assembly, a level 3 fine (currently £1,000).
8. Equivalent offences exist for organisers and participants (section 14(4) and (5)) of an assembly who knowingly fail to comply with a condition imposed under section 14 and for those who incite others to breach a condition (section 14(6)).

Section 73: Imposing conditions on public processions

1. This section amends section 12 of the 1986 Act to broaden the circumstances in which conditions can be imposed on a public assembly in England and Wales, and clarifies the meaning of "serious disruption to the life of the community" and "serious disruption to the activities of an organisation which are carried out in the vicinity of a public procession".
2. Subsection (2) amends section 12(1) by broadening the circumstances in which conditions may be imposed on those organising or taking part in a procession to include where the senior police officer reasonably believes that the noise generated by persons taking part in the procession may have a significant relevant impact on persons in the vicinity or may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession.
3. Subsection (3) provides for a two-stage test of what is a significant relevant impact on persons in the vicinity. Firstly, new subsection (2D) of section 12 sets out an exhaustive list of the cases in which the noise generated by persons taking part in a public procession may have an impact on persons in its vicinity. These include where it may cause persons of reasonable firmness with the characteristics of persons likely to be in the vicinity to suffer impacts such as alarm or distress. Secondly, new subsection (2E) of section 12 provides that when considering whether that impact is significant, the senior police officer must have regard to the likely number of people in the vicinity who may experience an impact, the likely duration of that impact, and the likely intensity of that impact.
4. Subsection (3) also inserts new subsections (2A) to (2C) into section 12 of the 1986 Act which make provision about the meaning of "serious disruption to the life of the community" such that it includes where the procession may result in a significant delay to the delivery of a time-sensitive product or disruption to the delivery of an essential service, and "serious disruption to the activities of an organisation" includes where the noise generated by a procession can reasonably prevent persons associated with the organisation in question from carrying out their activities.
5. Subsection (4) inserts new subsections (12) to (15) into section 12 of the 1986 Act, which provide the Secretary of State with a power by regulations to amend new section 12(2A) to (2C) to make provision about the meaning of "serious disruption to the life of the community" and "serious disruption to the activities of an organisation which are carried on in the vicinity of a public procession".
6. Subsection (5) places a duty on the Secretary of State to prepare and publish a report on the operation of section 12 of the 1986 Act as amended by section 73 of this Act; such a report must be published and laid before Parliament within two years of the commencement of section 73.

Section 74: Imposing conditions on public assemblies

1. This section amends section 14 of the 1986 Act to broaden the range of circumstances in which conditions can be imposed on a public assembly in England and Wales, allow for any type of condition to be imposed on such a public assembly, and clarifies the meaning of "serious disruption to the life of the community" and "serious disruption to the activities of an organisation which are carried on in the vicinity of a public assembly".
2. Subsections (2), (4) and (5) amend subsections (1) and (2) of section 14 and insert new subsections (2A) and (2B) to broaden the circumstances in which conditions relating to the generation of noise may be imposed on those organising or taking part in an assembly in the same way as described above for processions.
3. Subsection (3) inserts new subsection (1A) which allows the senior police officer to impose any condition on an assembly in England and Wales that they believe necessary to prevent the disorder, damage, disruption, impact or intimidation. In Scotland the conditions that can be imposed on an assembly will remain limited to placing a maximum on the number of people in attendance, a maximum duration of the event and the location of the assembly.
4. Subsection (5) also inserts new subsections (2A) to (2C) into section 14 of the 1986 Act which make provision about the meaning of "serious disruption to the life of the community" such that it includes where the procession may result in a significant delay to the delivery of a time-sensitive product or disruption to the delivery of an essential service, and "serious disruption to the activities of an organisation" includes where the noise generated by a procession can reasonably prevent persons associated with the organisation in question from carrying out their activities.
5. Subsection (6) inserts new subsections (11) to (14) into section 14 of the 1986 Act, which provide the Secretary of State with a power by regulations to amend new subsections (2A) to (2C) to make provision about the meaning of "serious disruption to the life of the community" and "serious disruption to the activities of an organisation which are carried on in the vicinity of a public assembly".
6. Subsection (7) places a duty on the Secretary of State to prepare and publish a report on the operation of section 14 of the 1986 Act as amended by section 74 of this Act; such a report must be published and laid before Parliament within two years of the commencement of section 74.

Section 75: Offences under sections 12 and 14 of the Public Order Act 1986

1. Subsections (3) to (6) amend section 12 of the 1986 Act to remove the need for an organiser or participant to have "knowingly" breached a condition placed on a procession in England and Wales for an offence to have been committed. New subsection (5A) provides that a person is guilty of an offence if at the time they failed to comply with the condition they know or ought to have known that the condition had been imposed.
2. Subsection (6) increases the maximum sentence in England and Wales for an organiser who fails to comply with a condition from three months’ imprisonment to six months’ imprisonment and/or a fine not exceeding level 4 (currently £2,500), for a participant who fails to comply with a condition to a fine not exceeding level 4 (as against the current maximum penalty of a level 3 fine), and a person who incites a participant to commit an offence to six months’ imprisonment (as against the current maximum penalty of three months’ imprisonment) and/or a fine not exceeding level 4. On the coming into force of the increase in magistrates’ courts sentencing powers provided for in the Criminal Justice Act 2003, the maximum term of imprisonment would rise to 51 weeks’ imprisonment. Subsections (8) to (11) makes the same changes described above to the offences of breaching conditions imposed on an assembly in England and Wales, in section 14 of the 1986 Act.
3. Subsection (11) makes the same changes described above to the maximum sentences for the offences of breaching conditions imposed on an assembly in England and Wales, in section 14 of the 1986 Act.
4. It remains a defence for a person to prove that the breach of the condition arose from circumstances beyond their control, in relation to both processions and assemblies. These remain in subsections (4) and (5) of section 12, for processions, and section 14, for assemblies, of the 1986 Act.

Section 76: Obstruction of vehicular access to Parliament

1. This section makes it an offence for an individual to fail to comply with the direction of a police officer to stop, or not start, obstructing the passage of a vehicle into or out of the Parliamentary Estate. It does so by amending Part 3 of the Police Reform and Social Responsibility Act 2011 (the "PRSRA").
2. Part 3 (comprising sections 141 to 149) of the PRSRA provides powers in relation to prohibited activity in the controlled areas of Parliament Square and of the Palace of Westminster, defined in sections 142 and 142A respectively (see also the map annexed to the guidance available here ).
3. Section 143 of the PRSRA provides that a constable or other authorised person who has reasonable grounds for believing that a person is doing, or is about to do, a prohibited activity, may direct the person to cease doing that activity or not to start doing it. Failure to comply with the direction without reasonable excuse is a criminal offence and is punishable on summary conviction by an unlimited fine.
4. Subsection (2) extends the Palace of Westminster controlled area as defined in section 142A of the PRSRA. The controlled area is extended to include Canon Row, Parliament Street, Derby Gate, Parliament Square and part of Victoria Embankment.
5. Subsection (3) adds obstructing of the passage of a vehicle into or out of the Parliamentary Estate as a prohibited activity in the Palace of Westminster controlled area.
6. Subsections (4) and (5) provide that the extension of the Palace of Westminster controlled area does not affect directions, orders, or authorisations made or given in relation to that area before this Section comes into force, which will continue to apply in relation to the Palace of Westminster controlled area as originally defined.

Section 77: Power to specify other areas as controlled areas

1. Section 77 inserts new section 149A into the PRSRA.
2. New section 149A(1) and (2) give powers to the Secretary of State to make regulations which may apply any provisions of section 143 to 148 and 149(3) of the PRSRA, with or without modifications, in relation to an area specified in the regulations.
3. New section 149A (3) sets out the parameters of the power to make regulations. The power may only be exercised if either House of Parliament is, or is proposed to be, located somewhere other than the Palace of Westminster while Parliamentary building works are carried out and as a result of that relocation, or proposed relocation, the Secretary of State considers it reasonably necessary for prohibited activities in relation to the controlled area of Parliament Square or the Palace of Westminster to be prohibited in relation to the area specified in the regulations. The power may also be exercised if either House relocates for any other reason, for example an emergency relocation due to events such as a fire or flood.
4. New section 149A(5) provides that the Secretary of State may make consequential modifications to other legislation in consequence of the regulations.

Section 78: Intentionally or recklessly causing public nuisance

1. This Section replaces the existing common law offence of public nuisance as it applies to in England and Wales with a statutory offence of intentionally or recklessly causing public nuisance.
2. Subsections (1) and (2) set out the elements of the offence. The offence applies where a person does an act, or fails to act in circumstances where they are required to do so by law, and the act or omission causes serious harm to the public or a section of the public, or that the act or omission obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large. Serious harm is defined in subsection (2). The person must have intended their act or omission would have such a consequence, or was reckless as to whether it would have such a consequence.
3. Subsection (3) provides for a reasonableness defence, allowing for a person to prove that they had a reasonable excuse for the act or omission. The burden of proof is placed on the defendant as the facts as to whether they have a reasonable excuse will be within their knowledge. The prosecution will still need to have proved all the elements of the offence to the criminal standard of proof, including the serious harm or obstruction that arises as a result of the act or omission, and the defendant intended or was reckless as to serious harm or obstruction. Although not explicit set out, the standard to which the defendant will be required to prove the defence is the balance of probabilities.
4. Subsections (4) and (5) set the maximum penalty for the offence, namely six months’ imprisonment (rising to 12 months on the commencement of the increase in magistrates’ courts sentencing powers provided for in the Sentencing Act 2000) and/or an unlimited fine on summary conviction, and 10 years’ imprisonment and/or an unlimited fine on conviction on indictment.
5. Subsection (6) abolishes the common law offence of public nuisance.
6. Subsection (7) provides that the new statutory offence does not have retrospective effect. Actions or omissions that occurred or began before the coming into force of this subsection cannot form part of this offence.
7. Subsection (8) makes provision for civil and other criminal liability.

Section 79: Imposing conditions on one-person protests

1. Subsection (1) amends the 1986 Act by inserting new section 14ZA, which will allow for the imposing of conditions on a person organising or carrying on one-person protests where it is reasonably believed that the noise generated by the protest may have a significant relevant impact on persons in its vicinity or that such noise may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the one-person protest.
2. New section 14ZA(1) to (3) set out the circumstances in which conditions can be imposed on a person organizing or carrying on one-person protests. Where a senior police officer reasonably believes, having had regard to various factors, that the noise generated by a one-person protest may have a relevant impact on persons in its vicinity or may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the one-person protest, the senior police officer may give directions imposing on the person organising or carrying on the protest such conditions as appear to them necessary to prevent such disruption or impact.
3. New section 14ZA(4) and (5) provide the definition of "one-person protest" and "the senior police officer". "One-person protest" means a protest carried on by one person in a public place; "the senior police officer" means in relation to a one-person protest being held, the most senior in rank of the police officers present at the scene, and in relation to a one-person protest intended to be held, the chief officer of police.
4. New section 14ZA(6) makes provision about "serious disruption to the activities of an organisation" such that it includes where the noise generated by a one person protest can reasonably prevent persons associated with the organisation in question from carrying out their activities.
5. New section 14ZA(7) and (8) provide for a two-stage test of what is a significant relevant impact on persons in the vicinity. The relevant impacts are where the noise generated may result in intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or it may cause such persons to suffer alarm or distress. When considering whether the relevant impact is significant, the senior police officer must have regard to the likely number of persons in its vicinity who may experience any of the relevant impacts, the likely duration of that impact on such persons, and the likely intensity of that impact on such persons.
6. New section 14ZA(9) provides that any directions given by a chief officer by virtue of subsection (5)(b) must be done so in writing.
7. New section 14ZA(10) sets out where a person is guilty of breaching a condition imposed under subsection (2).
8. New section 14ZA(11) provides the defence of proving that the breach of the condition arose from circumstances beyond their control as it is in section 12 of the 1986 Act, for public processions, and section 14 of the 1986 Act, for public assemblies.
9. New section 14ZA(12) makes it an offence to incite someone to commit an offence under subsection (9).
10. New section 14ZA(13) and (14) set the maximum penalty for the offence in subsection (10) as a fine not exceeding level 4 on the standard scale, and subsection (12) as imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both.
11. New section 14ZA(15) provides that the penalty under subsection (14) for the offence under subsection (12) is to be read as 6 months instead of 51 weeks if the offence has been committed before the increase in magistrates’ courts sentencing powers provided for in the CJA 2003 come into force.
12. New section14ZA (16) to (19) provide the Secretary of State with a power by regulations to amend subsection (6) to make provision about the meaning of "serious disruption to the activities of an organisation which are carried on in the vicinity of a one-person" for the purposes of new section 14ZA of the 1986 Act.
13. Subsection (2) places a duty on the Secretary of State to prepare and publish a report on the operation of new section 14ZA of the 1986 Act as inserted by this section; such a report must be published and laid before Parliament within two years of the commencement of section 79.

Section 80: Wilful obstruction of highway

1. This section amends section 137 of the Highways Act 1980 which makes it an offence for a person, without lawful authority or excuse, to wilfully obstruct a highway. Section 137(1) is amended to increase the maximum penalty for the offence from a level 3 fine (currently £1,000) to 51 weeks imprisonment, a level 3 fine or both. New section 137(1A) provides that the maximum custodial penalty is to be read as 6 months instead of 51 weeks if the offence has been committed before the increase in magistrates’ courts sentencing powers provided for in the CJA Act 2003 come into force.
2. New section 137(1B) provides that for the purposes of the offence in section 137 it does not matter whether free passage along the highway in question has already been temporarily restricted or temporarily prohibited (whether by a constable, a traffic authority (as defined in new section 137(1C)) or otherwise).

Section 81: Repeal of the Vagrancy Act 1824 etc

1. Subsection (1) repeals the Vagrancy Act 1824. Much of the Vagrancy Act 1824 has already been repealed but substantive provisions remain in sections 3 and 4. Section 3 criminalises begging ("[every person wandering abroad, or placing himself or herself in any public place, street, highway, court, or passage, to beg or gather alms, or causing or procuring or encouraging any child or children so to do…") and section 4 (‘Persons committing certain offences to be deemed rogues and vagabonds’) creates a range of offences including persons who sleep in the open air, or in any deserted or unoccupied building.
2. Subsections (3) to (7) make consequential amendments and repeals to other enactments.
3. Subsection (8) provides that the amendments and repeals made by this section do not apply to an offence committed before this section comes into force.

Section 82: Expedited public spaces protection orders

1. This section amends the Anti-social Behaviour, Crime and Policing Act 2014 to introduce a process by which the implementation of a Public Spaces Protection Order ("PSPO") can be expedited under specific circumstances.
2. New section 59A provides the powers to make an expeditated PSPO. New subsection 59A(1), provides that a local authority may make an expedited PSPO (an "expedited order") in relation to a public place within the local authority’s area if satisfied on reasonable grounds that three conditions are met.
3. New subsections 59A(2) to (4) stipulate the three conditions. Firstly, the public spaces where an expedited order can be applied – schools (including a 16 to 19 Academy), vaccination, and NHS Test & Trace/Test, Trace, Protect sites. Secondly, what activities must be or likely to be carried out in the public spaces – the harassment, intimidation or impediment of those who provide or access the services of the site. Finally, what effect or likely the qualifying activities must be – is, or likely to be, persistent or continuing; make, or likely make, the activities of the site unreasonable; and justify the restrictions imposed by the expedited order.
4. New subsection 59A(5) provides that an expedited order can prohibit and/or require specific activities within a "restricted area" in the public space the order applies to.
5. New subsections 59A(6) and (7) specify the scope of prohibitions and requirements. Subsection (6) requires that prohibitions or requirements are reasonable to prevent or reduce the activities specified in subsection (3). Subsection (7) enables prohibitions and requirements to apply to all or specific categories of persons, all or specified times, all or specified circumstances.
6. New subsection 59A(8) provides that an expedited order must identify the activities it seeks to address and specify how long the order has effect. It must also explain the effects of section 63 of the Anti-social Behaviour, Crime and Policing Act 2014 (consumption of alcohol) if applicable and section 67 of the Act (failing to comply with an order). Under section 67 it is an offence, without reasonable excuse, to fail to comply with a PSPO; the offence carries a maximum penalty of a level 3 fine (currently £1,000).
7. New subsections 59A(9) to (11) provide that an expedited order may not be made in relation to a public place if that place or a part of it has been subject to a PSPO, expedited or otherwise, in the past year. This only applies to regular PSPOs which prohibited or required activity which could have been prohibited or required by an expedited PSPO.
8. New subsection 59A(12) requires that an expedited order be published in accordance with regulations made by the Secretary of State.
9. New section 60A stipulates that an expedited order can last no longer than six months. The Local Authority that made the expedited order may reduce or extend the duration of the expedited order, as many times as necessary, provided it does not exceed the maximum duration of six months. To extend the period, the Local Authority must be satisfied that it is necessary to prevent the activities identified in the order. Similarly to when making the order, any variation must be published in accordance with regulations made by the Secretary of State.
10. New section 72A makes provision about convention rights and consents relating to expediated orders. Local authorities must have particular regard to the rights of freedom of expression and freedom of assembly when making a decision about an expeditated order. The necessary consents must be obtained before a decision is made about an expediated order. In call case, consent must be obtained from the chief officer for the police of the area impacted. For expedited PSPOs related to schools, the consent of the appropriate authority is also needed. For expedited PSPOs related to vaccination sites, the appropriate NHS body. For expedited PSPOs related to test and trace site in England, the UK Security Agency must give consent, and for a test and trace site in Wales, the Local Health Board for the area in which the site is located must give consent.
11. New section 72B provides detail on the consultation and notifications after making an expediated order. Local authorities must carry out the necessary consultation as soon as reasonably practicable after making an expedited order. The necessary consultation means consulting with the chief officer of police, the Police and Crime Commissioner (or the equivalent in London), the owner or occupier of the land, and any representatives of the local community they consider appropriate – for example the leadership team of the school impacted. These requirements also apply to decisions to extend the period of, vary or discharge an order. In addition, the county council and any parish or community council must be informed.