Part 2: Serious Disruption Prevention Orders
- This Part introduces a new civil order, the Serious Disruption Prevention Order (SDPO).
Section 20: Serious disruption prevention order made on conviction
- Subsection (1) provides for the preliminary conditions that must be satisfied before a court can make an order, namely that the person is aged 18 or over, has been convicted of an offence which was committed on or after section 20 came into force and the prosecution has applied for an order to be made (consequently, a court may not make an order on its own volition under this section).
- Subsections (2) to (5) sets out further conditions for the making of an order. These require that the person has been convicted by the court of a protest-related offence and that on another occasion (that is, at a different protest or on a different day) within the relevant period the person has:
- been convicted of another protest-related offence;
- been found in contempt of court for a protest-related breach of an injunction;
- In addition, subsection (3)(c) stipulates that the conduct detailed in subsection 3(a) cannot be considered if it was already accounted for in the making of a prior serious disruption prevention order involving the individual.
- The other occasions must have occurred no earlier than five years before the order is made after section 20 comes into force and when the person concerned was aged 16 or older at the time (subsection (4)).
- In determining whether the current offence is protest-related and the condition in subsection 3 is met, the court will apply the civil standard of proof (the balance of probabilities).
- Under subsection (5), the court must consider it necessary to make the order for a purpose specified in subsection (5). Those purposes are to:
- prevent the person from committing a protest-related offence or a protest-related breach of an injunction,
- prevent the person from carrying out activities related to protests that result, or are likely to result in, serious disruption to two or more individuals or an organisation,
- prevent the person from causing or contributing to the commission by another person of the acts set out at (a) or (b) above (for example, where the person was responsible for organising protests),
- protect two or more individuals or an organisation from the risk of serious disruption caused by a protest-related offence, a protest-related breach of an injunction or activities related to a protest.
- Subsection (6) specifies that a SDPO under section 20 is an order which imposes any requirement or prohibition necessary to achieve one of the purposes specified in subsection (5), although section 22 provides a non-exhaustive list of such requirements or prohibitions.
- Subsection (7) provides that a court may only make a SDPO under this section if a person has a sentence imposed in respect of the current offence, or an order discharging that person conditionally. Consequently, if the person concerned is given an absolute discharge no SDPO may be made.
- Subsections (8) and (9) enables the court to hear evidence from both the person and the prosecution when deciding whether to make an order, and such evidence may include evidence that would not have been admissible in the proceedings for the current offence (for example, hearsay evidence).
- Subsection (10) enables a court to adjourn the proceedings regarding the serious disruption prevention order even after sentencing the person.
- Subsections (11) to (13) set out the powers of a court where the person concerned does not appear for any adjourned proceedings.
- Subsection (14) requires the court to explain the effects of the order in ordinary language to the person concerned.
- Subsection (15) provides that where an offence is committed over two or more days, or during two or more days, it is to be treated as having been committed on the last of those days.
Section 21: Serious disruption prevention order made on application
- This section provides for the making of a SDPO by a magistrates’ court on application by police. Such an application may be made by the chief officer of the police force in England and Wales where the prospective subject of the order lives or is intending to come to (see subsections (1)(a), (7)(a) and (8)), or the chief constable of the British Transport Police, Civil Nuclear Constabulary or Ministry of Defence Police (see subsections (1)(a) and (7)(b)-(d)). An order may only be made in respect of a person aged 18 or older (subsection (1)(b)).
- Subsection (2) sets out the conditions that must be met for an order to be made, namely that the person must have on at least two occasions (that is, at a different protest or on a different day):
- been convicted of a protest-related offence;
- been found in contempt of court for a protest-related breach of an injunction;
- In addition, subsection (2)(c) stipulates that the conduct detailed in subsection (2)(a) cannot be considered if it was already accounted for in the making of a prior serious disruption prevention order involving the individual.
- The two occasions must have occurred no earlier than five years before the order is made, after each event must have taken place after section 21 comes into force and when the person concerned was aged 16 or older at the time (subsection (3)).
- In determining whether the condition in subsection (2) is met the court will apply the civil standard of proof (the balance of probabilities).
- A further condition for making an order is that the court considers it necessary to make the order for a purpose specified in subsection (4). Those purposes are to:
- prevent the person from committing a protest-related offence or a protest-related breach of an injunction,
- prevent the person from carrying out activities related to protests that result, or are likely to result in, serious disruption to two or more individuals or an organsiation,
- prevent the person from causing or contributing to the commission by another person of the acts set out at (a) or (b) above (for example, where the person was responsible for organising protests),
- protect two or more individuals or an organisation from the risk of serious disruption caused by a protest-related offence, a protest-related breach of an injunction or activities related to a protest.
- Subsection (5) specifies that a SDPO under section 21 is an order which imposes any requirement or prohibition necessary to achieve one of the purposes specified in subsection (4), although section 22 provides a non-exhaustive list of such requirements or prohibitions.
- Subsection (6) requires that the court explain the effects of the order in ordinary language to the person who is the subject of the order.
- Subsection (9) provides that an application made by a chief officer of police for a territorial force must be made to a court acting for a local justice area that forms part of the police force area.
- Subsection (10) provides that where an offence is committed over two or more days, it is to be treated as having been committed on the last of those days.
- Subsection (11) provides that section 127 of the Magistrates’ Courts Act 1980 (which provides for a six-month time limit on a magistrates’ court hearing a complaint unless the complaint was made within six months from the time the matter of complaint arose) does not apply to applications under this section.
Section 22: Provisions of serious disruption prevention order
- As provided for in section 20(6) and 21(5) a court may impose any requirements (in addition to the standard notification requirements) or prohibitions as part of a SDPO as it considers necessary for a purpose set out in section 20(5) and 21(4) respectively. Subject to the generality of those provisions, this section sets out non-exhaustive examples of the types of requirements or prohibitions that may be imposed.
- Subsection (2)(a) provides that the requirements that may be imposed by a SDPO include a requirement requiring the subject of the order to present themselves to a particular person at a particular place at, or between, particular times on particular days. Such a requirement may be necessary to reinforce a prohibition on the person attending known protest-related events. Subsection (2)(b) provides that a SDPO may include a requirement that the subject of an order remains at a particular place for particular periods, for example, at their home during the currency of certain protests.
- Subsection (4) sets out a non-exhaustive list of prohibitions that may be attached to a SDPO. These may prohibit the subject of an order from:
- being in or entering a particular place or area (for example, a named oil refinery),
- being in or entering a particular place or area between particular times, on particular days or any days,
- being with particular people (for example, associates who were convicted of a protest-related offence at the same time as the subject of the order),
- participating in particular activities,
- possessing particular articles (for example, lock-on devices),
- using the internet to facilitate or encourage protest-related offences or protest-related breaches of injunctions, or carrying out activities relating to a protest that result in, or are likely to result in, serious disruption to two or more individuals or an organisation.
- Subsection (5) provides that references to particular persons, particular places, activities and articles in this section can include persons, places, activities and articles of a particular description.
- Subsection (6) provides that a SDPO which imposes prohibitions may include exceptions from those prohibitions imposed.
- Subsection (8) provides that the requirements or prohibitions of a SDPO must, where possible, avoid conflict with the person’s religious beliefs and times where they attend their place of work or educational establishment.
Section 23: Requirements in serious disruption prevention order
- Subsection (1) provides that, where a SDPO imposes a requirement on a person (other than a notification requirement as set out in section 24), the order must name someone responsible for supervising compliance with the requirement.
- Subsection (2) specifies that the supervisory person may be an individual or an organisation.
- Subsection (3) sets out that the court must receive evidence about the suitability and enforceability of any requirements before they are imposed from the supervisory person or organisation.
- Subsection (4) ensures the court assesses whether multiple requirements are compatible with one another before imposing them.
- Subsection (5) establishes the duties for the supervisory person from subsection (1). This person must make any necessary arrangements in connection with the requirements they are responsible for, promote the person’s compliance with them, and inform the relevant chief officer of police if the person has complied or not complied with the relevant requirements.
- Subsection (6) specifies that the relevant chief officer of police referenced in subsection (5) is either the chief police officer for the police area which it appears to the supervisory person the person subject to the SDPO lives in, or if it appears to the supervisory person that the person subject to the SDPO lives in more than one police area, whichever chief police officer of those areas that person think it is most appropriate to inform.
- Subsection (7) specifies that where the person is subject to a SDPO requirement, other than a notification requirement under section 24, they must keep in touch with the supervisory person and notify them of any change in their home address.
- Subsection (8) provides that subsection (7) applies to an individual subject to a SDPO as if it were a requirement of the order (as such, failure to comply without reasonable excuse will be an offence under Section 27).
Section 24: Notification requirements in serious disruption prevention order
- Subsection (1) provides that a SDPO must impose the notification requirements in subsections (2) and (4).
- Subsection (2) specifies that the person subject to an order must notify the information in subsection (3) to the police within 3 days of the order taking effect.
- Subsection (3) sets out the information the person must provide to the police. This information is:
- their name on the day the notification is given and any other names they use.
- their home address on the day the notification is given.
- the addresses of any other premises where they regularly reside or stay.
- Subsections (4) and (5) requires the person subject to an order to notify the police if they change their name or home address, or if they decide to live for a period of one month or more at an address not previously notified to the police. This information must be provided to the police within three days of such a change.
- Subsection (6) provides that persons subject to a SDPO must fulfil the above requirements by attending a police station in the police area where they live and giving oral notification to a police officer or other person authorised by the officer in charge of the station.
Section 25: Duration of serious disruption prevention order
- Subsection (1) provides a SDPO takes effect on the day it is made, subject to subsections (3) and (4).
- Subsection (2) sets out that a SDPO must specify the period that it has effect. This is a fixed period of a minimum of one week, up to a maximum of two years (but a SDPO may be renewed under the provisions of section 28).
- Subsection (3) sets out that subsection (4) applies where a person has been remanded in or committed to custody by a court, had a custodial sentence imposed on them or serving or otherwise subject to such a sentence, or is on licence for part of a custodial sentence.
- Subsection (4) provides that SDPOs may provide that they do not take effect until the person is released from custody, ceases to be subject to a custodial sentence, or ceases to be on licence. In the latter case, the licence conditions may have similar effect to the prohibitions or restrictions provided for in the order and, as such, the order need not take effect until the licence conditions cease to apply.
- Subsection (5) allows SDPOs to specify periods where particular requirements or prohibitions have effect. Particular provisions of an order may therefore apply for a more limited period than the order itself. Where a requirement of a SDPO is time limited, the duration of the requirement may be extended on the variation of the SDPO under Section 28.
- Subsection (6) provides that, where a court makes a SDPO on a person already subject to a SDPO, the earlier order ceases to have effect.
- Subsection (7) defines custodial sentence in this section as having the same meaning as in the Sentencing Code and including pre-Code custodial sentence (see section 222(4) of the Sentencing Act 2020).
Section 26: Other information to be included in serious disruption prevention order
- This section requires that a SDPO specifies the reasons for making the order and the penalties which may be imposed for breaching the order.
Section 27: Offences relating to a serious disruption prevention order
- Subsection (1) provides that a person subject to a SDPO commits an offence when:
- they fail to do anything required of them by the order without reasonable excuse.
- they do anything prohibited by the order without reasonable excuse.
- they provide information, in purported compliance with the order, that they know to be false.
- Subsections (2) and (3) provide for the maximum penalty for these offences, namely six months’ imprisonment (rising to 51 weeks when section 281(5) of the Criminal Justice Act 2003 is brought into force), an unlimited fine, or both.
Section 28: Variation, renewal or discharge of serious disruption prevention order
- Subsection (1) enables a person named in subsection (2) to apply to court to vary, renew or discharge a SDPO.
- Subsection (2) sets out these persons:
- the person subject to a SDPO.
- the chief officer of police where the person subject to a SDPO lives.
- a chief officer of police who believes that a person subject to a SDPO is in or intending to come into their police area.
- the chief officer of police who made the original SDPO application.
- the chief officer of police for the police area in which the person committed an offence which led to the imposition of a SDPO.
- where the order was made following an application by a constable within subsection (3), that constable.
- Subsection (3) lists the chief constables, namely of the British Transport Police, Civil Nuclear Constabulary and Ministry of Defence Police.
- Subsection (4) establishes that an application to vary, renew or discharge an order must be made to a magistrates’ court by complaint, or in accordance with the rules of the court if applying to another court.
- Subsection (5) requires the court to hear from the person making the application, and any other person specified in subsection (2) before making its decision.
- Subsection (6) (subject to subsections (7) to (9)) allows the court to make such order varying, renewing or discharging a SDPO as it sees fit, following an application.
- Subsection (7) allows a court to vary a SDPO in order to extend the period for which the order has effect, extend the period for which a requirement or prohibition imposed has effect, or impose an additional prohibition or requirement if it considers that it is necessary for a purpose mentioned in subsection (8). The court may also renew a SDPO if it considers that it is necessary for a purpose mentioned in subsection (8).
- The purposes in subsection (8) are:
- prevent the person subject to a SDPO from committing a protest-related offence or protest-related breach of an injunction,
- prevent the person subject to a SDPO from carrying out activities related to protests that result, or are likely to result in serious disruption to an organisation or two or more individuals,
- protect an organisation or two or more individuals from the risk of serious disruption arising from protest-related offences, protest-related breaches of injunctions and activities related to a protest,
- prevent the person subject to a SDPO from causing or contributing to any other person’s protest-related offence or protest-related breach of an injunction, or
- prevent the person subject to a SDPO from causing or contributing to any other person’s act which is likely to result in serious disruption to an organisation or two or more individuals.
- Subsection (9) specifies that the court may not renew a serious disruption prevention order more than once.
- Subsection (10) specifies that the provisions in sections 22 to 26 (other than section 24(2) and (3)) also have effect in relation to the renewal or variation of an order under this section.
- Subsection (11) requires the court to explain in ordinary language to the person subject to a SDPO, the effects of the SDPO which has been varied or renewed.
- Subsection (12) provides that section 127 of the Magistrates’ Courts Act 1980 (which provides for a six-month time limit on a magistrates’ court hearing a complaint unless the complaint was made within 6 months from the time when the matter of complaint arose) does not apply to applications under this section.
- Subsection (13) defines the meaning of appropriate court for the purpose of this section. The appropriate court is:
- where the Crown Court or Court of Appeal made the SDPO, the Crown Court.
- where a magistrates’ court made the order and the application is made by an individual subject to a SDPO, or a constable within subsection (3), then the appropriate court is the magistrates’ court or the magistrates’ court for the area where the person subject to a SDPO lives.
- where a magistrates’ court made the order and a chief police officer applies, then the appropriate court is the magistrates’ court or the magistrates’ court where the person subject to a SDPO lives, or a magistrates’ court acting for a local justice area which includes any part of that chief officer’s police area.
Section 29: Appeal against serious disruption prevention order
- Subsection (1) provides for a person issued with a SDPO on conviction may appeal against the decision to make an order as if the order was part of the sentence for the offence for which they were convicted. As such, the appellate court will either be the Crown Court (where an order was made on conviction in a magistrates’ court) or the Court of Appeal (where an order was made on conviction in the Crown Court).
- Subsection (2) provides for a right of appeal against the making of a SDPO otherwise on conviction. The appeal is to the appropriate court as defined in subsection (5), namely the Crown Court.
- Subsection (3) enables the person who applied for a SDPO otherwise than on conviction to appeal against the decision of the court to refuse to make an order. The appeal is to the appropriate court as defined in subsection (5), namely the Crown Court.
- Subsection (4) provides for a right of appeal to the appropriate court as defined in subsection (5) in relation to the variation, renewal or discharge of a SDPO. The persons who may appeal here are:
- the person who applied for a SDPO to be varied, renewed or discharged may appeal if their application is refused.
- the person subject to a SDPO may appeal against a SDPO which has been varied or renewed.
- a person specified in Section 28(2), other than the individual subject to a SDPO, may appeal against the varying, renewing or discharge of a SDPO, which occurred following an application by the person subject to the SDPO.
- Subsection (6) enables the Crown Court, on granting an appeal, to a make such orders necessary to give effect to its determination of the appeal and any appropriate consequential and incidental orders.
Section 30: Guidance
- Subsection (1) provides that the Secretary of State may issue guidance to chief officers of police and chief constable of the British Transport Police Force, Civil Nuclear Constabulary and Ministry of Defence Police, in relation to SDPOs.
- Subsection (2) sets out a non-exhaustive list of the matters which may be addressed in the guidance, namely:
- the exercise by chief officers and chief constables in subsection (1) of their functions under Part 2,
- identifying persons in respect of whom it may be appropriate for applications for SDPOs to be made, and
- providing assistance to prosecutors in connection with applications for SDPOs.
- Subsections (3) and (4) enable the Secretary of State to revise any guidance issued under this section and provides for any guidance issued under this section to be published.
- Subsection (5) requires chief officers and chief constables in subsection (1) to have regard to any guidance issued under this section.
Section 31: Guidance: Parliamentary procedure
- This section provides for any guidance issued under section 30 to be subject to the draft negative resolution procedure.
Section 32: Interpretation of Part
- This section defines terms used in Part 2.
Section 33: Consequential amendments
- Subsection (1) amends the Prosecution of Offences Act 1985 to provide for the Director of Public Prosecutions to conduct applications for SDPOs under section 20(1)(b).
- Subsection (2) adds SDPOs made on conviction to the list in section 379(1) of the Sentencing Code, which signposts other behaviour orders available on conviction.