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Public Order Act 2023

Contents

Policy background

  1. Pre-existing legislation to manage protests provided 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 provide 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 ("the 2022 Act")) 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.
  2. Recent changes in the tactics employed by certain protesters highlighted gaps in the legislation, for example gluing themselves to buildings or vehicles, blocking roads, tunnelling under land that is subject to development, and obstructing access to buildings such as oil refineries and newspaper printing works. The 2022 Act addressed some of the gaps in the law, including by increasing the maximum penalty for the offence of wilful obstruction of a highway and providing for a statutory offence of intentionally or recklessly causing public nuisance. To further address these gaps, the Public Order Act 2023:
    • Introduces new criminal offences of locking-on and going equipped to lock-on, criminalising the protest tactic of individuals attaching themselves to others, objects or buildings to cause serious disruption.
    • Introduces new criminal offences of causing serious disruption by tunnelling, going equipped to tunnel, and being present in a tunnel.
    • Introduces a new criminal offence of obstructing major transport works. This will cover any behaviours which obstruct or interferes with the construction or maintenance of significant transport projects such as High Speed 2.
    • Provides for a new criminal offence of interfering with key national infrastructure. This covers any behaviour which obstructs or delays the use or operation of key infrastructure, such as airports, railways, oil refineries and printing presses.
    • Extends stop and search powers (both suspicion-led and suspicion-less) for police to search for and seize articles related to protest-related offences.
    • Provides for a Secretary of State to bring proceedings in relation to protest activity and makes provision about injunctions in such proceedings.
    • Introduces a new preventative court order – the Serious Disruption Prevention Order – targeting protestors who repeatedly inflict disruption on the public or businesses.
  3. Some of these measures were originally tabled by the Government as amendments at Lords Report stage of the Police, Crime, Sentencing and Courts Bill. Following the debate on 17 January 2022 (House of Lords, Official Report, columns 1430-1476), the Government amendments were rejected by the Lords. 

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