New Offences For Protesters: The Public Order Act 2023
What is The Public Order Act 2023?
The Public Order Act 2023 is a UK law that gives police greater powers to prevent protest tactics deemed ‘disruptive’. The act was passed on 2nd May 2023 and created new offences to prevent disruption caused by protestors, especially those concerned with climate issues. The law was introduced by Priti Patel, Home Secretary (Commons) and Lord Sharpe, Parliamentary Under-secretary of State for the Home Department. The law has been passed in England and Wales, aside from provisions amending Acts which extend to Scotland and Northern Ireland.
What does this mean?
The new measures are 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 non-protesters, costing millions in taxpayers’ money and putting lives at risk. This has had a major knock-on effect to everyday lives as the protests have halted public transport networks, disrupted fuel supplies, prevented many people from getting to work and in some cases prevented patients from getting to hospital when in need. It has also disrupted communities by removing local police from tackling crime and other regular duties. The measures in the Public Order Bill will improve the police’s ability to manage such protests, and allow them to 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, allowing them to focus their resources on keeping the public safe.
What are the new criminal offences for protesters?
Locking-on and going equipped to lock-on.
This criminalises the protest tactic of an individual attaching themselves to others, buildings or objects. The maximum penalty for this will be six months imprisonment, an unlimited fine or both.
Obstructing major transport works.
This measure covers certain disruptive behaviours affecting the construction of major transport e.g., HS2. The maximum penalty will be six months imprisonment, an unlimited fine, or both.
Interference with key national infrastructure.
This measure covers any behaviour which prevents or delays the operation of key infrastructure, including airports, railways, and downstream oil and gas infrastructure. The maximum penalty is 12 months imprisonment, an unlimited fine or both.
Causing serious disruption by tunnelling.
The measure also covers carrying equipment with the intention to tunnel in connection with the above offences. Does not include those with a legitimate reason. Maximum penalty is 3 years imprisonment, an unlimited fine, or both.
How have police powers changed to tackle protesters?
The Public Order Act 2023 aims to prevent disruptive protesters by:
- 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 provides for both a suspicion-led power, amending section 1 of the Police and Criminal Evidence Act 1984, and a suspicion-less power.
- 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.
- Amending the seniority of police officers in London, who may attach conditions to an upcoming protest or prohibit a trespassory assembly, to match that applicable in forces outside of London. Gov.uk explains “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.
What else has been introduced to reduce disruption from protests?
To aid with the above, the Public Order Act 2023 also:
- Enables the Secretary of State to bring civil proceedings in relation to protest activity.
- Introduces abortion clinic ‘safe access zones’, which covers the clinic premises as well as an area of 100m in the immediate vicinity, in which no activities that may deter a woman seeking healthcare are allowed.
Public opinion on the Public Order Act 2023
The new Public Order act has been praised due to the recent disruptions caused by groups such as Insulate Britain and Just Stop Oil. The new act allows police to move on these protesters allowing people to go about their normal life with less disruptions. New YouGov data finds that several of the provisions of the Public Order Bill are broadly supported by the public. There is strong support for criminalising the obstruction of major transport works (66%), tunnelling (61%) and ‘locking on’ (58%), whilst the extension of stop and search powers and the creation of new preventative court order targeting repeated offenders are also well received (51% and 60% support, respectively).
However, it has also been scrutinised. An example of this was the arrests of anti-monarchy protestors at the King’s coronation. Dame Diana Johnson, the chair of the home affairs select committee, said there were “real questions” about how the new Public Order Act was used to hold leading members of Republic (an anti-monarchy group) for up to 16 hours during the coronation. It was believed this was due to a lack of training and unclear rules.
Ultimately, the new Public Order act has many benefits and ensures protests are safer, with less disruption to the general public. It allows for better protection of landmarks and transport systems while protesters express their views.
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