attach themselves to another person, to an object or to land,
Explanatory notes to the Bill, prepared by the Home Office, have been ordered to be published as HL Bill 61—EN.
A
bill
to
Make provision for new offences relating to public order; to make provision about stop and search powers; to make provision about the exercise of police functions relating to public order; to make provision about proceedings by the Secretary of State relating to protest-related activities; to make provision about serious disruption prevention orders; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
A person commits an offence if—
they—
attach themselves to another person, to an object or to land,
attach a person to another person, to an object or to land, or
attach an object to another object or to land,
that act causes, or is capable of causing, serious disruption to—
two or more individuals, or
an organisation,
in a place other than in a dwelling, and
they intend that act to have a consequence mentioned in paragraph
(b)
or are reckless as to whether it will have such a consequence.
A person who commits an offence under subsection
(1)
is liable on summary
conviction to imprisonment for a term not exceeding the maximum term for
summary offences, to a fine or to both.
In subsection (3) , “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the
Criminal Justice Act 2003 (alteration of penalties for certain summary
offences: England and Wales) comes into force, six months;
if the offence is committed after that time, 51 weeks.
In this section “dwelling” means—
a building or structure which is used as a dwelling, or
a part of a building or structure, if the part is used as a dwelling,
and includes any yard, garden, grounds, garage or outhouse belonging to
and used with a dwelling.
A person who commits an offence under subsection
(1)
is liable on summary
conviction to a fine.
In this section “dwelling” has the same meaning as in section 1 .
A person commits an offence if—
they create, or participate in the creation of, a tunnel,
the creation or existence of the tunnel causes, or is capable of causing,
serious disruption to—
two or more individuals, or
an organisation,
in a place other than a dwelling, and
they intend the creation or existence of the tunnel to have a
consequence mentioned in paragraph (b) or are reckless as to whether
its creation or existence will have such a consequence.
It is a defence for a person charged with an offence under subsection
(1)
to
prove that they had a reasonable excuse for creating, or participating in the
creation of, the tunnel.
Without prejudice to the generality of subsection
(2)
, a person is to be treated
as having a reasonable excuse for the purposes of that subsection if the creation
of the tunnel was authorised by a person with an interest in land which
entitled them to authorise its creation.
A person who commits an offence under subsection (1) is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, to a fine or to both;
on conviction on indictment, to imprisonment for a term not exceeding
3 years, to a fine or to both.
For the purposes of this section—
“tunnel” means an excavation that extends beneath land, whether or
not—
it is big enough to permit the entry or passage of an individual,
or
it leads to a particular destination;
an excavation which is created with the intention that it will become
or connect with a tunnel is to be treated as a tunnel, whether or not—
any tunnel with which it is intended to connect has already
been created, or
it is big enough to permit the entry or passage of an individual.
References in this section to the creation of an excavation include—
the extension or enlargement of an excavation, and
the alteration of a natural or artificial underground feature.
This section does not apply in relation to a tunnel if or to the extent that it
is in or under a dwelling.
In this section “dwelling” has the same meaning as in section
1
(offence of
locking on).
A person commits an offence if—
they are present in a tunnel having entered it after the coming into
force of this section,
their presence in the tunnel causes, or is capable of causing, serious
disruption to—
two or more individuals, or
an organisation,
in a place other than a dwelling, and
they intend their presence in the tunnel to have a consequence
mentioned in paragraph
(b)
or are reckless as to whether their presence
there will have such a consequence.
It is a defence for a person charged with an offence under subsection
(1)
to
prove that they had a reasonable excuse for their presence in the tunnel.
Without prejudice to the generality of subsection
(1)
, a person (“P”) is to be
treated as having a reasonable excuse for the purposes of that subsection if
P’s presence in the tunnel was authorised by a person with an interest in
land which entitled them to authorise P’s presence there.
A person who commits an offence under subsection (1) is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, to a fine or to both;
on conviction on indictment, to imprisonment for a term not exceeding
3 years, to a fine or to both.
For the purposes of this section—
“tunnel” means an excavation that extends beneath land, whether or
not it leads to a particular destination;
an excavation which is created with the intention that it will become
or connect with a tunnel is to be treated as a tunnel, whether or not
any tunnel with which it is intended to connect has already been
created.
the extension or enlargement of an excavation, and
the alteration of a natural or artificial underground feature.
This section does not apply in relation to a tunnel if or to the extent that it
is in or under a dwelling.
In this section “dwelling” has the same meaning as in section
1
(offence of
locking on).
A person commits an offence if they have an object with them in a place
other than a dwelling with the intention that it may be used in the course of
or in connection with the commission by any person of an offence under
section 3(1) or 4(1) (offences relating to tunnelling).
A person who commits an offence under subsection
(1)
is liable on summary
conviction to imprisonment for a term not exceeding the maximum term for
summary offences, to a fine or to both.
In subsection (2) , “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the
Criminal Justice Act 2003 (alteration of penalties for certain summary
offences: England and Wales) comes into force, six months;
if the offence is committed after that time, 51 weeks.
In this section “dwelling” has the same meaning as in section
1
(offence of
locking on).
A person commits an offence if the person—
obstructs the undertaker or a person acting under the authority of the
undertaker—
in setting out the lines of any major transport works,
in constructing or maintaining any major transport works, or
in taking any steps that are reasonably necessary for the
purposes of facilitating, or in connection with, the construction
or maintenance of any major transport works, or
interferes with, moves or removes any apparatus which—
relates to the construction or maintenance of any major
transport works, and
belongs to a person within subsection (5) .
It is a defence for a person charged with an offence under subsection
(1)
to
prove that—
A person who commits an offence under subsection
(1)
is liable on summary
conviction to imprisonment for a term not exceeding the maximum term for
summary offences, to a fine or to both.
In subsection (3) “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the
Criminal Justice Act 2003 (alteration of penalties for certain summary
offences: England and Wales) comes into force, six months;
if the offence is committed after that time, 51 weeks.
The following persons are within this subsection—
the undertaker;
a person acting under the authority of the undertaker;
a statutory undertaker;
a person acting under the authority of a statutory undertaker.
In this section “major transport works” means—
works in England and Wales—
relating to transport infrastructure, and
the construction of which is authorised directly by an Act of
Parliament, or
works the construction of which comprises development within
subsection
(7)
that has been granted development consent by an order
under section 114 of the Planning Act 2008.
Development is within this subsection if—
it is or forms part of a nationally significant infrastructure project
within any of paragraphs (h) to (l) of section 14(1) of the Planning Act
2008,
it is or forms part of a project (or proposed project) in the field of
transport in relation to which a direction has been given under section
35(1) of that Act (directions in relation to projects of national
significance) by the Secretary of State, or
In this section “undertaker”—
In this section—
“
associated development” has the same meaning as in the Planning Act
2008 (see section 115 of that Act);
“
development” has the same meaning as in the Planning Act 2008 (see
section 32 of that Act);
“
development consent” has the same meaning as in the Planning Act
2008 (see section 31 of that Act);
“
England” includes the English inshore region within the meaning of
the Marine and Coastal Access Act 2009 (see section 322 of that Act);
“
maintain” includes inspect, repair, adjust, alter, remove, reconstruct and
replace, and “maintenance” is to be construed accordingly;
“
nationally significant infrastructure project” has the same meaning as
in the Planning Act 2008 (see section 14(1) of that Act);
“
statutory undertaker” means a person who is, or who is deemed to be,
a statutory undertaker for the purposes of any provision of Part 11 of
the Town and Country Planning Act 1990;
“
trade dispute” has the same meaning as in Part 4 of the Trade Union
and Labour Relations (Consolidation) Act 1992, except that section 218
of that Act is to be read as if—
it made provision corresponding to section 244(4) of that Act,
and
in subsection (5), the definition of worker included any person
falling within paragraph (b) of the definition of worker in
section 244(5) of that Act;
“
Wales” includes the Welsh inshore region within the meaning of the
Marine and Coastal Access Act 2009 (see section 322 of that Act).
A person commits an offence if—
they do an act which interferes with the use or operation of any key
national infrastructure in England and Wales, and
they intend that act to interfere with the use or operation of such
infrastructure or are reckless as to whether it will do so.
It is a defence for a person charged with an offence under subsection
(1)
to
prove that—
they had a reasonable excuse for the act mentioned in paragraph
(a)
of that subsection, or
the act mentioned in paragraph
(a)
of that subsection was done wholly
or mainly in contemplation or furtherance of a trade dispute.
A person who commits an offence under subsection (1) is liable—
on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court, to a fine or to both;
on conviction on indictment, to imprisonment for a term not exceeding
12 months, to a fine or to both.
For the purposes of subsection
(1)
a person’s act interferes with the use or
operation of key national infrastructure if it prevents the infrastructure from
being used or operated to any extent for any of its intended purposes.
The cases in which infrastructure is prevented from being used or operated
for any of its intended purposes include where its use or operation for any
of those purposes is significantly delayed.
In this section “key national infrastructure” means—
road transport infrastructure,
rail infrastructure,
air transport infrastructure,
harbour infrastructure,
downstream oil infrastructure,
downstream gas infrastructure,
onshore oil and gas exploration and production infrastructure,
onshore electricity generation infrastructure, or
newspaper printing infrastructure.
Section
8
makes further provision about these kinds of infrastructure.
The Secretary of State may by regulations made by statutory instrument—
amend subsection
(6)
to add a kind of infrastructure or to vary or
remove a kind of infrastructure;
Regulations under subsection (7) —
may make different provision for different purposes;
may make consequential, supplementary, incidental, transitional,
transitory or saving provision.
A statutory instrument containing regulations under subsection
(7)
may not
be made unless a draft of the instrument has been laid before and approved
by a resolution of each House of Parliament.
In this section—
“
England” includes the English inshore region within the meaning of
the Marine and Coastal Access Act 2009 (see section 322 of that Act);
“
trade dispute” has the same meaning as in Part 4 of the Trade Union
and Labour Relations (Consolidation) Act 1992, except that section 218
of that Act is to be read as if—
it made provision corresponding to section 244(4) of that Act,
and
in subsection (5), the definition of worker included any person
falling within paragraph (b) of the definition of worker in
section 244(5) of that Act;
“
Wales” includes the Welsh inshore region within the meaning of the
Marine and Coastal Access Act 2009 (see section 322 of that Act).
This section has effect for the purposes of section 7 .
“Road transport infrastructure” means—
a special road within the meaning of the Highways Act 1980 (see
section 329(1) of that Act), or
a road which, under the system for assigning identification numbers
to roads administered by the Secretary of State or the Welsh Ministers,
has for the time being been assigned a number prefixed by A or B.
“Rail infrastructure” means infrastructure used for the purposes of railway
services within the meaning of Part 1 of the Railways Act 1993 (see section
82 of that Act).
In the application of section 82 of the Railways Act 1993 for the purposes of
subsection
(3)
“railway” has the wider meaning given in section 81(2) of that
Act.
“Air transport infrastructure” means—
an airport within the meaning of the Airports Act 1986 (see section
82(1) of that Act), or
any infrastructure which—
does not form part of an airport within the meaning of that
Act, and
is used for the provision of air traffic services within the
meaning of Part 1 of the Transport Act 2000 (see section 98 of
that Act).
“Harbour infrastructure” means a harbour within the meaning of the Harbours
Act 1964 (see section 57(1) of that Act) which provides facilities for or in
connection with—
the embarking or disembarking of passengers who are carried in the
course of a business, or
the loading or unloading of cargo which is carried in the course of a
business.
“Downstream oil infrastructure” means infrastructure used for or in connection
with any of the following activities—
the refinement or other processing of crude oil or oil feedstocks;
the storage of crude oil or crude oil-based fuel for onward distribution,
other than storage by a person who supplies crude oil-based fuel to
the public where the storage is for the purposes of such supply;
the loading or unloading of crude oil or crude oil-based fuel for
onward distribution, other than unloading to a person who supplies
crude oil-based fuel to the public where the unloading is for the
purposes of such supply;
the carriage, by road, rail, sea or inland waterway, of crude oil or
crude oil-based fuel for the purposes of onward distribution;
the conveyance of crude oil or crude oil-based fuel by means of a
pipe-line within the meaning of the Pipe-lines Act 1962 (see section
65 of that Act).
“Downstream gas infrastructure” means infrastructure used for or in
connection with any of the following activities—
the processing of gas;
the storage of gas for onward conveyance, other than storage by a
person who supplies gas to the public otherwise than by means of a
pipe-line where the storage is for the purposes of such supply;
the import or export of liquid gas;
the carriage, by road or rail, of gas for the purposes of onward
distribution;
the conveyance of gas by means of a pipe-line.
In subsection (8) —
“
gas” has the same meaning as in section 12 of the Gas Act 1995;
“
pipe-line” has the same meaning as in the Pipe-lines Act 1962 (see
section 65 of that Act).
“Onshore oil and gas exploration and production infrastructure” means
onshore infrastructure used for or in connection with—
searching or boring for petroleum, or
getting petroleum.
In subsection (10) —
“
onshore infrastructure” means infrastructure situated on land (excluding
land covered by the sea or any tidal waters);
“
petroleum” has the same meaning as in Part 1 of the Petroleum Act
1998 (see section 1 of that Act).
“Onshore electricity generation infrastructure” means onshore infrastructure—
used for or in connection with the generation of electricity for the
purpose of giving a supply to any premises or enabling a supply to
be so given, and
which has a total installed capacity equal to or greater than 100
megawatts.
In subsection (12) —
“
onshore infrastructure” means infrastructure situated on land (excluding
land covered by the sea or any tidal waters);
“
supply”, in relation to electricity, has the same meaning as in Part 1 of
the Electricity Act 1989 (see section 4(4) of that Act).
“Newspaper printing infrastructure” means infrastructure the primary purpose
of which is the printing of one or more national or local newspapers.
In subsection (14) —
“
local newspaper” means a newspaper which is published at least
fortnightly and is in circulation in a part of England and Wales;
“
national newspaper” means a newspaper which is published at least
fortnightly and is in circulation in England, in Wales or in both;
“
newspaper” includes a periodical or magazine.
A person who is within a buffer zone and who interferes with any person’s
decision to access, provide, or facilitate the provision of abortion services in
that buffer zone is guilty of an offence.
A “buffer zone” means an area which is within a boundary which is 150
metres from any part of an abortion clinic or any access point to any building
or site that contains an abortion clinic and is—
on or adjacent to a public highway or public right of way,
in an open space to which the public has access,
within the curtilage of an abortion clinic, or
in any location that is visible from a public highway, public right of
way, open space to which the public have access, or the curtilage of
an abortion clinic.
For the purposes of subsection (1), “interferes with” means—
seeks to influence,
persistently, continuously or repeatedly occupies,
impedes or threatens,
intimidates or harasses,
advises or persuades, attempts to advise or persuade, or otherwise
expresses opinion,
informs or attempts to inform about abortion services by any means,
including, without limitation, graphic, physical, verbal or written
means, or
sketches, photographs, records, stores, broadcasts, or transmits images,
audio, likenesses or personal data of any person without express
consent.
A person guilty of an offence under subsection (1) is liable—
in the first instance—
on summary conviction, to imprisonment for a term not
exceeding 6 months,
to a fine not exceeding level 5 on the standard scale, or
to both; and
on further instances—
on conviction on indictment, to imprisonment for a term not
exceeding 2 years, or to a fine, or to both, or
on summary conviction, to imprisonment for a term not
exceeding 12 months, or to a fine, or to both.
Nothing in this section applies to—
anything done in the course of providing, or facilitating the provision
of, abortion services in an abortion clinic,
anything done in the course of providing medical care within a GP
practice, hospital or other healthcare facility,
the operation of a camera if its coverage of persons accessing or
attempting to access an abortion clinic is incidental and the camera
or footage is not used for any of the purposes listed in subsection (3),
and
a police officer acting properly in the course of their duties.
In section 1(8) of the Police and Criminal Evidence Act 1984 (offences in
relation to which stop and search power applies)—
omit the “and” at the end of paragraph (d), and
“(f)an offence under section 137 of the Highways Act 1980
(wilful obstruction) involving activity which causes or
is capable of causing serious disruption to two or more
individuals or to an organisation;
(g)an offence under section 78 of the Police, Crime,
Sentencing and Courts Act 2022 (intentionally or
recklessly causing public nuisance);
(h)an offence under section 1 of the Public Order Act 2022
(offence of locking on);
(i)an offence under section 3 of that Act (offence of causing
serious disruption by tunnelling);
(j)an offence under section 4 of that Act (offence of causing
serious disruption by being present in a tunnel);
(k)an offence under section 6 of that Act (obstruction etc
of major transport works); and
(l)an offence under section 7 of that Act (interference with
use or operation of key national infrastructure).”
This section applies if a police officer of or above the rank of inspector
reasonably believes—
that any of the following offences may be committed in any locality
within the officer’s police area—
an offence under section 137 of the Highways Act 1980 (wilful
obstruction) involving activity which causes or is capable of
causing serious disruption to two or more individuals or to an
organisation;
an offence under section 78 of the Police, Crime, Sentencing
and Courts Act 2022 (intentionally or recklessly causing public
nuisance);
an offence under section 1 (offence of locking on);
an offence under section 3 (offence of causing serious disruption
by tunnelling);
an offence under section 4 (offence of causing serious disruption
by being present in a tunnel);
an offence under section
6
(obstruction etc of major transport
works);
an offence under section
7
(interference with use or operation
of key national infrastructure), or
that persons are carrying prohibited objects in any locality within the
officer’s police area.
In this section “prohibited object” means an object which—
is intended by the person having it with them for such use by them
or by some other person,
and for the purposes of this section a person carries a prohibited object if
they have it in their possession.
If the further condition in subsection
(4)
is met, the police officer may give
an authorisation that the powers conferred by this section are to be
exercisable—
anywhere within a specified locality within the officer’s police area,
and
for a specified period not exceeding 24 hours.
The further condition is that the police officer reasonably believes that—
the specified locality is no greater than is necessary to prevent such
activity, and
the specified period is no longer than is necessary to prevent such
activity.
If it appears to a police officer of or above the rank of superintendent that it
is necessary to do so to prevent the commission of offences within subsection
(1)
(a)
or the carrying of prohibited objects, the officer may direct that the
authorisation is to continue in force for a further period not exceeding 24
hours.
This section confers on any constable in uniform power—
to stop any person and search them or anything carried by them for
a prohibited object;
to stop any vehicle and search the vehicle, its driver and any passenger
for a prohibited object.
A constable may, in the exercise of the powers conferred by subsection
(6)
, stop any person or vehicle and make any search the constable thinks fit
whether or not the constable has any grounds for suspecting that the person
or vehicle is carrying a prohibited object.
If in the course of a search under this section a constable discovers an object
which the constable has reasonable grounds for suspecting to be a prohibited
object, the constable may seize it.
This section and sections
12
(further provisions about authorisations and
directions under this section),
13
(further provisions about searches under
this section) and
14
(offence relating to this section) apply (with the necessary
modifications) to ships, aircraft and hovercraft as they apply to vehicles.
In this section and the sections mentioned in subsection (9) —
“
specified” means specified in an authorisation under this section;
“
vehicle” includes a caravan as defined in section 29(1) of the Caravan
Sites and Control of Development Act 1960.
The powers conferred by this section and the sections mentioned in subsection
(9)
do not affect any power conferred otherwise than by this section or those
sections.
If an inspector gives an authorisation under section
11
, the inspector must,
as soon as it is practicable to do so, cause an officer of or above the rank of
superintendent to be informed.
An authorisation under section 11 must—
be given in writing signed by the officer giving it,
specify the grounds on which it is given, and
specify the locality in which and the period during which the powers
conferred by that section are exercisable.
be given in writing, or
where it is not practicable to comply with paragraph
(a)
, be recorded
in writing as soon as it is practicable to do so.
References (however expressed) in section
11
or this section to a police officer
of or above a particular rank include references to a member of the British
Transport Police Force of or above that rank.
In the application of section
11
to a member of the British Transport Police
Force by virtue of subsection
(4)
, references to a locality within the officer’s
police area are to be read as references to a place in England and Wales of a
kind mentioned in section 31(1)(a) to (f) of the Railways and Transport Safety
Act 2003.
A person who is searched by a constable under section
11
is entitled to obtain
a written statement that the person was searched under the powers conferred
by that section.
Subsection
(1)
applies only if the person applies for the statement within the
period of 12 months beginning with the day on which the person was
searched.
Where a vehicle is stopped by a constable under section
11
, the driver is
entitled to obtain a written statement that the vehicle was stopped under the
powers conferred by that section.
Subsection
(3)
applies only if the driver applies for the statement within the
period of 12 months beginning with the day on which the vehicle was stopped.
Any object seized by a constable under section
11
may be retained in
accordance with regulations made by the Secretary of State.
The Secretary of State may make regulations regulating the retention and safe
keeping, and the disposal or destruction in circumstances prescribed in the
regulations, of such an object.
Regulations under this section are to be made by statutory instrument.
Regulations under this section—
may make different provision for different purposes;
may make consequential, supplementary, incidental, transitional,
transitory or saving provision.
A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
A person commits an offence if the person intentionally obstructs a constable
in the exercise of the constable’s powers under section
11
.
A person who commits an offence under subsection
(1)
is liable on summary
conviction to imprisonment for a term not exceeding 51 weeks, to a fine not
exceeding level 3 on the standard scale or to both.
In relation to an offence committed before the coming into force of section
281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain
summary offences: England and Wales), the reference in subsection
(2)
to 51
weeks is to be read as a reference to 1 month.
Subsection (1) has effect— in the City of London as if “an assistant chief constable” read in the metropolitan police district as if “an assistant chief
In section 15 of the Public Order Act 1986 (processions, assemblies and
one-person protests: delegation of functions), for subsection (2) substitute—
“(2)
(a)
“an assistant commissioner of police or a commander”, and
(b)
constable” read “an assistant commissioner of police, a deputy
assistant commissioner of police or a commander”.”
The Public Order Act 1986 is amended as follows.
In section 14 (imposing conditions on public assemblies)—
“(2ZA)The reference in subsection (2)(a) to a police officer includes—
(a)a constable of the British Transport Police Force, in
relation to a place within section 31(1)(a) to (f) of the
Railways and Transport Safety Act 2003 in England and
Wales;
(b)a member of the Ministry of Defence Police, in relation
to a place to which section 2(2) of the Ministry of
Defence Police Act 1987 applies.
(2ZB)The reference in subsection (2)(b) to a chief officer of police
includes—
(a)the chief constable of the British Transport Police Force,
in relation to a place within section 31(1)(a) to (f) of the
Railways and Transport Safety Act 2003 in England and
Wales;
(b)the chief constable of the Ministry of Defence Police, in
relation to a place to which section 2(2) of the Ministry
of Defence Police Act 1987 applies.”, and
in subsection (3)—
omit “by a chief officer of police”, and
after “(2)(b)” insert “or (2ZB) ”.
In section 14ZA (imposing conditions on one-person protests)—
“(5A)The reference in subsection (5)(a) to a police officer includes—
(a)a constable of the British Transport Police Force, in
relation to a one-person protest—
(i)being held at a place within section 31(1)(a) to
(f) of the Railways and Transport Safety Act
2003, or
(ii)intended to be held at a place within
sub-paragraph (i) in a case where a person is in
that place with a view to carrying on such a
protest;
(b)a member of the Ministry of Defence Police, in relation
to a one-person protest—
(i)being held at a place to which section 2(2) of
the Ministry of Defence Police Act 1987 applies,
or
(ii)intended to be held at a place within
sub-paragraph (i) in a case where a person is in
that place with a view to carrying on such a
protest.
(5B)The reference in subsection (5)(b) to a chief officer of police
includes—
(a)
in subsection (9)—
omit “by a chief officer of police”, and
after “(5)(b)” insert "or (5B) ”.
In section 14A (prohibiting trespassory assemblies)—
“(4A)Subsection (4D) applies if at any time the chief constable of
the British Transport Police Force reasonably believes that—
(a)an assembly is intended to be held at a place—
(i)within section 31(1)(a) to (f) of the Railways and
Transport Safety Act 2003 in England and Wales,
and
(ii)on land to which the public has no right of
access or only a limited right of access, and
(4B)The condition in this subsection is that the assembly is likely—
(a)to be held without the permission of the occupier of
the land, or
(b)to conduct itself in such a way as to exceed—
(i)the limits of any permission of the occupier, or
(ii)the limits of the public’s right of access.
(4C)The condition in this subsection is that the assembly may
result—
(a)in serious disruption to the provision of railway services
(within the meaning of Part 3 of the Railways and
Transport Safety Act 2003) in England and Wales,
(b)in serious disruption to the life of the community, or
(c)where the land, or a building or monument on it, is of
historical, architectural, archaeological or scientific
importance, in significant damage to the land, building
or monument.
(4D)Where this subsection applies, the chief constable of the British
Transport Police Force may with the consent of the Secretary
of State make an order prohibiting for a specified period the
holding of all trespassory assemblies in a specified area.
(4E)An area specified in an order under subsection (4D) must
comprise only—
(b)that place together with any place in England and
Wales—
(i)within section 31(1)(a) to (f) of the Railways and
Transport Safety Act 2003, or
(ii)where an assembly could affect a railway within
the meaning of Part 3 of that Act or anything
occurring on or in relation to such a railway.
(4F)Subsection (4I) applies if at any time the chief constable of the
Ministry of Defence Police reasonably believes that—
(a)an assembly is intended to be held at a place—
(i)to which section 2(2) of the Ministry of Defence
Police Act 1987 applies, and
(ii)on land to which the public has no right of
access or only a limited right of access, and
(4G)The condition in this subsection is that the assembly is likely—
(a)to be held without the permission of the occupier of
the land, or
(b)to conduct itself in such a way as to exceed—
(i)the limits of any permission of the occupier, or
(ii)the limits of the public’s right of access.
(4H)The condition in this subsection is that the assembly may
result—
(a)in serious disruption to the use for a defence purpose
of—
(i)a place within section 2(2)(a) to (c) of the
Ministry of Defence Police Act 1987,
(ii)a place within section 4(1) of the Atomic
Weapons Establishment Act 1991, or
(iii)in relation to a time after the coming into force
of section 5 of the Defence Reform Act 2014, a
place within subsection (1) of that section,
(b)in serious disruption to the life of the community, or
(c)where the land, or a building or monument on it, is of
historical, architectural, archaeological or scientific
importance, in significant damage to the land, building
or monument.
(4I)Where this subsection applies, the chief constable of the
Ministry of Defence Police may with the consent of the
Secretary of State make an order prohibiting for a specified
period the holding of all trespassory assemblies in a specified
area.
(4J)
“(3)The chief constable of the British Transport Police Force may delegate,
to such extent and subject to such conditions as the chief constable
may specify, any of the chief constable’s functions under sections 14
to 14A to an assistant chief constable of that Force; and references in
those sections to the person delegating shall be construed accordingly.
(4)The chief constable of the Ministry of Defence Police may delegate,
to such extent and subject to such conditions as the chief constable
may specify, any of the chief constable’s functions under sections 14
to 14A to a deputy chief constable or assistant chief constable of that
force; and references in those sections to the person delegating shall
be construed accordingly.”
Subsection (4) applies where—
the Secretary of State reasonably believes that one or more persons
are carrying out, or are likely to carry out, activities related to a protest,
and
The condition in this subsection is that the Secretary of State reasonably
believes that the activities are causing, or are likely to cause, serious disruption
to—
the use or operation of any key national infrastructure in England and
Wales, or
access to any essential goods, or to any essential service, in England
and Wales.
The condition in this subsection is that the Secretary of State reasonably
believes that the activities are having, or are likely to have, a serious adverse
effect on public safety in England and Wales.
Where this subsection applies and the Secretary of State considers that it is
expedient in the public interest to do so, the Secretary of State may bring
civil proceedings relating to the activities in the name of the Secretary of State.
Before bringing proceedings under subsection
(4)
in relation to any activities
the Secretary of State must consult such persons (if any) as the Secretary of
State considers appropriate, having regard to any persons who may also bring
civil proceedings in relation to those activities.
The bringing of proceedings by the Secretary of State under subsection
(4)
in
relation to any activities does not affect the ability of any other person to
bring civil proceedings in relation to those activities.
In this section—
“
key national infrastructure” has the same meaning as in section
7
(key
national infrastructure);
“
trade dispute” has the same meaning as in Part 4 of the Trade Union
and Labour Relations (Consolidation) Act 1992, except that section 218
of that Act is to be read as if—
it made provision corresponding to section 244(4) of that Act,
and
in subsection (5), the definition of worker included any person
falling within paragraph (b) of the definition of worker in
section 244(5) of that Act.
This section
applies to proceedings brought by the Secretary of State under
section 17
(power of Secretary of State to bring proceedings).
If the court grants an injunction which prohibits conduct which—
is capable of causing nuisance or annoyance to a person, or
is capable of having a serious adverse effect on public safety,
it may, if subsection
(3)
applies, attach a power of arrest to any provision of
the injunction.
This subsection
applies if the Secretary of State applies to the court to attach
the power of arrest and the court thinks that—
the conduct mentioned in subsection
(2)
consists of or includes the
use or threatened use of violence, or
Where a power of arrest is attached to any provision of an injunction under
subsection
(2)
, a constable may arrest without warrant a person whom the
constable has reasonable cause for suspecting to be in breach of that provision.
After making an arrest under subsection
(4)
the constable must as soon as is
reasonably practicable inform the Secretary of State.
Where a person is arrested under subsection (4) —
the person must appear before the court within the period of 24 hours
beginning at the time of arrest, and
if the matter is not then disposed of forthwith, the court may remand
the person.
The Schedule
applies in relation to the power to remand under subsection
(6)
.
If the court has reason to consider that a medical report will be required, the
power to remand a person under subsection
(6)
may be exercised for the
purpose of enabling a medical examination and report to be made.
If such a power is so exercised the adjournment is not to be in force—
for more than three weeks at a time in a case where the court remands
the accused person in custody, or
for more than four weeks at a time in any other case.
If there is reason to suspect that a person who has been arrested under
subsection
(4)
is suffering from mental disorder within the meaning of the
Mental Health Act 1983 the court is to have the same power to make an order
under section 35 of that Act (remand for report on accused's mental condition)
as the Crown Court has under that section in the case of an accused person
within the meaning of that section.
In this section —
“
harm” includes serious ill-treatment or abuse (whether physical or not);
“
the court” means the High Court or the county court and includes—
in relation to the High Court, a judge of that court, and
in relation to the county court, a judge of that court.
This section applies where—
a person aged 18 or over (“P”) is convicted of an offence (“the current
offence”) which was committed on or after the day on which this
section comes into force, and
the prosecution applies for a serious disruption prevention order to
be made in respect of P.
The court dealing with P in respect of the current offence may make a serious
disruption prevention order in respect of P if—
the court is satisfied on the balance of probabilities that the current
offence is a protest-related offence (see section
33
(interpretation)),
the condition in subsection (3) is met, and
the court considers it necessary to make the order for a purpose
mentioned in subsection
(5)
.
The condition in this subsection is that the court is satisfied on the balance
of probabilities that—
within the relevant period, P has—
committed another protest-related offence for which P was
convicted,
committed a protest-related breach of an injunction (see section
33
(interpretation)) for which P was found in contempt of court,
carried out activities related to a protest that resulted in, or
were likely to result in, serious disruption to two or more
individuals, or to an organisation, in England and Wales,
caused or contributed to the commission by any other person
of a protest-related offence or a protest-related breach of an
injunction, or
caused or contributed to the carrying out by any other person
of activities related to a protest that resulted in, or were likely
to result in, serious disruption to two or more individuals, or
to an organisation, in England and Wales, and
the current offence and P’s conduct mentioned in paragraph (a) —
relate to different protests, or
took place on different days.
In subsection
(3)
“the relevant period” means the period of 5 years ending
with the day on which P is convicted of the current offence; but P’s conduct
may be taken into account for the purposes of this section only if it took
place—
on or after the day on which this section comes into force, and
when P was aged 16 or over.
The purposes are—
to prevent P from committing a protest-related offence or a
protest-related breach of an injunction;
to prevent P from carrying out activities related to a protest that result
in, or are likely to result in, serious disruption to two or more
individuals, or to an organisation, in England and Wales;
to prevent P from causing or contributing to—
the commission by any other person of a protest-related offence
or a protest-related breach of an injunction, or
the carrying out by any other person of activities related to a
protest that result in, or are likely to result in, serious
disruption to two or more individuals, or to an organisation,
in England and Wales;
to protect two or more individuals, or an organisation, in England
and Wales from the risk of serious disruption arising from—
a protest-related offence,
a protest-related breach of an injunction, or
activities related to a protest.
A serious disruption prevention order under this section is an order which,
for a purpose mentioned in subsection
(5)
—
requires P to do anything described in the order;
prohibits P from doing anything described in the order.
The court may make a serious disruption prevention order in respect of P
only if it is made in addition to—
a sentence imposed in respect of the current offence, or
an order discharging P conditionally.
For the purpose of deciding whether to make a serious disruption prevention
order the court may consider evidence led by the prosecution or P.
It does not matter whether the evidence would have been admissible in the
proceedings for the current offence.
The court may adjourn any proceedings on an application for a serious
disruption prevention order even after sentencing P.
If P does not appear for any adjourned proceedings the court may—
further adjourn the proceedings,
issue a warrant for P’s arrest, or
hear the proceedings in P’s absence.
has had adequate notice of the time and place of the adjourned
proceedings, and
has been informed that if P does not appear for those proceedings the
court may hear the proceedings in P’s absence.
On making a serious disruption prevention order the court must in ordinary
language explain to P the effects of the order.
Where an offence is found to have been committed over a period of 2 or more
days, or at some time during a period of 2 or more days, it must be taken
for the purposes of this section to have been committed on the last of those
days.
A magistrates’ court may make a serious disruption prevention order in
respect of a person (“P”) where—
a person within subsection
(7)
applies by complaint to the court for a
serious disruption prevention order to be made in respect of P,
P is aged 18 or over when the application is made,
the condition in subsection (2) is met, and
the court considers it necessary to make the order for a purpose
mentioned in subsection
(4)
.
The condition in this subsection is that the court is satisfied on the balance
of probabilities that—
on at least two occasions in the relevant period, P has—
committed a protest-related offence for which P was convicted,
committed a protest-related breach of an injunction for which
P was found in contempt of court,
carried out activities related to a protest that resulted in, or
were likely to result in, serious disruption to two or more
individuals, or to an organisation, in England and Wales,
caused or contributed to the commission by any other person
of a protest-related offence or a protest-related breach of an
injunction, or
caused or contributed to the carrying out by any other person
of activities related to a protest that resulted in, or were likely
to result in, serious disruption to two or more individuals, or
to an organisation, in England and Wales, and
P’s conduct in relation to each occasion mentioned in paragraph (a) —
related to a different protest, or
took place on a different day.
In subsection
(2)
“the relevant period” means the period of 5 years ending
with the day on which the order is made; but P’s conduct may be taken into
account for the purposes of this section only if it took place—
on or after the day on which this section comes into force, and
when P was aged 16 or over.
The purposes are—
to prevent P from committing a protest-related offence or a
protest-related breach of an injunction;
to prevent P from carrying out activities related to a protest that result
in, or are likely to result in, serious disruption to two or more
individuals, or to an organisation, in England and Wales;
to prevent P from causing or contributing to—
the commission by any other person of a protest-related offence
or a protest-related breach of an injunction, or
the carrying out by any other person of activities related to a
protest that result in, or are likely to result in, serious
disruption to two or more individuals, or to an organisation,
in England and Wales;
to protect two or more individuals, or an organisation, in England
and Wales from the risk of serious disruption arising from—
a protest-related offence,
a protest related-breach of an injunction, or
activities related to a protest.
A serious disruption prevention order under this section is an order which,
for a purpose mentioned in subsection
(4)
—
requires P to do anything described in the order;
prohibits P from doing anything described in the order.
On making a serious disruption prevention order the court must in ordinary
language explain to P the effects of the order.
The following persons are within this subsection—
a relevant chief officer of police;
the chief constable of the British Transport Police Force;
the chief constable of the Civil Nuclear Constabulary;
the chief constable of the Ministry of Defence Police.
For the purposes of subsection
(7)
(a)
a chief officer of police is a relevant chief
officer of police in relation to an application for a serious disruption prevention
order in respect of P if—
P lives in the chief officer’s police area, or
the chief officer believes that P is in, or is intending to come to, the
chief officer’s police area.
An application for a serious disruption prevention order made by a chief
officer of police for a police area may be made only to a court acting for a
local justice area that includes any part of that police area.
Where an offence is found to have been committed over a period of 2 or more
days, or at some time during a period of 2 or more days, it must be taken
for the purposes of this section to have been committed on the last of those
days.
Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply
to a complaint under this section.
The requirements imposed on a person (“P”) by a serious disruption
prevention order may, in particular, have the effect of requiring P—
to present themselves to a particular person at a particular place at,
or between, particular times on particular days;
to remain at a particular place for particular periods;
to submit to electronic monitoring of P's compliance with other
requirements and prohibitions imposed by the order.
The prohibitions imposed on a person (“P”) by a serious disruption prevention
order may, in particular, have the effect of prohibiting P from—
being in or entering a particular place or area;
being in or entering a particular place or area between particular times
on particular days;
being in or entering a particular place or area between particular times
on any day;
being with particular persons;
participating in particular activities;
having particular articles with them;
using the internet to facilitate or encourage persons to—
commit a protest-related offence or a protest-related breach of
an injunction, or
carry out activities related to a protest that result in, or are
likely to result in, serious disruption to two or more
individuals, or to an organisation, in England and Wales.
References in this section to a particular place or area or particular persons,
activities or articles include a place, area, persons, activities or articles of a
particular description.
A serious disruption prevention order which imposes prohibitions on a person
may include exceptions from those prohibitions.
The requirements or prohibitions which are imposed on a person by a serious
disruption prevention order must, so far as practicable, be such as to avoid—
any conflict with the person’s religious beliefs, and
any interference with the times, if any, at which the person normally
works or attends any educational establishment.
A serious disruption prevention order which imposes on a person (“P”) a
requirement, other than a notification requirement under section
24
, must
specify a person who is to be responsible for supervising compliance with
the requirement.
That person may be an individual or an organisation.
Before including such a requirement, the court must receive evidence about
its suitability and enforceability from—
the individual to be specified under subsection
(1)
, if an individual is
to be specified;
an individual representing the organisation to be specified under
subsection
(1)
, if an organisation is to be specified.
Before including two or more such requirements, the court must consider
their compatibility with each other.
It is the duty of a person specified under subsection (1) —
to make any necessary arrangements in connection with the
requirements for which the person has responsibility (the “relevant
requirements”);
to promote P’s compliance with the relevant requirements;
if the person considers that P—
has complied with all of the relevant requirements, or
has failed to comply with a relevant requirement,
to inform the appropriate chief officer of police.
the chief officer of police for the police area in which it appears to the
person specified under subsection
(1)
that P lives, or
if it appears to that person that P lives in more than one police area,
whichever of the chief officers of police of those areas the person
thinks it is most appropriate to inform.
Where P is subject to a requirement in a serious disruption prevention order,
other than a notification requirement under section
24
, P must—
keep in touch with the person specified under subsection
(1)
in relation
to that requirement, in accordance with any instructions given by that
person from time to time, and
notify that person of any change of P’s home address.
The obligations mentioned in subsection
(8)
have effect as if they were
requirements imposed on P by the order.
The requirement may not be imposed in P's absence.
If there is a person (other than P) without whose co-operation it would be
impracticable to secure the monitoring in question, the requirement may not
be imposed without that person's consent.
The court may impose the requirement only if—
it has been notified by the Secretary of State that electronic monitoring
arrangements are available in the relevant area, and
it is satisfied that the necessary provision can be made under the
arrangements currently available.
the local justice area in which it appears to the court that P resides or
will reside, and
in a case where it is proposed to include in the order—
a requirement that P must remain, for specified periods, at a
specified place, or
a provision prohibiting P from entering a specified place or
area,
the local justice area in which the place or area proposed to be specified
is situated.
“Specified” means specified in the order.
A serious disruption prevention order that includes an electronic monitoring
requirement must specify the person who is to be responsible for the
monitoring.
The person specified under subsection
(6)
must be of a description specified
in regulations made by statutory instrument by the Secretary of State.
Where a serious disruption prevention order imposes an electronic monitoring
requirement on a person (“P”), P must (among other things)—
submit, as required from time to time by the person specified under
subsection
(6)
, to—
being fitted with, or the installation of, any necessary apparatus,
and
the inspection or repair of any apparatus fitted or installed for
the purposes of the monitoring,
not interfere with, or with the working of, any apparatus fitted or
installed for the purposes of the monitoring, and
take any steps required by the person specified under subsection
(6)
for the purpose of keeping in working order any apparatus fitted or
installed for the purposes of the monitoring.
These obligations have effect as requirements of the order.
Regulations under this section may—
make different provision for different purposes or in relation to
different areas;
contain supplementary, incidental, consequential, transitional or saving
provision.
P must be required to notify the information in subsection
(3)
to the police
within the period of 3 days beginning with the day on which the order takes
effect.
That information is—
P’s name on the day that the notification is given and, where P uses
one or more other names on that day, each of those names,
P’s home address on that day, and
the address of any other premises at which, on that day, P regularly
resides or stays.
P must be required to notify the information in subsection
(5)
to the police
within the period of 3 days beginning with the day on which P—
uses a name which has not been previously notified to the police in
accordance with the order,
changes their home address, or
decides to live for a period of one month or more at any premises the
address of which has not been previously notified to the police in
accordance with the order.
That information is—
A serious disruption prevention order must provide that P gives a notification
of the kind mentioned in subsection
(2)
or
(4)
by—
attending at a police station in a police area in which P lives, and
giving an oral notification to a police officer, or to any person
authorised for the purpose by the officer in charge of the station.
A serious disruption prevention order must specify the period for which it
has effect, which must be a fixed period of not less than 1 week and not more
than 2 years.
Subsection
(4)
applies in relation to a serious disruption prevention order
made in respect of a person (“P”) if—
P has been remanded in or committed to custody by an order of a
court,
a custodial sentence has been imposed on P or P is serving or otherwise
subject to such a sentence, or
P is on licence for part of the term of a custodial sentence.
The order may provide that it does not take effect until—
P is released from custody,
P ceases to be subject to a custodial sentence, or
P ceases to be on licence.
A serious disruption prevention order may specify periods for which particular
requirements or prohibitions have effect.
But a serious disruption prevention order may not provide for an electronic
monitoring requirement to have effect for more than 12 months.
Where a court makes a serious disruption prevention order in respect of a
person and the person is already subject to such an order, the earlier order
ceases to have effect.
In this section “custodial sentence”—
has the same meaning as in the Sentencing Code, and
includes a “pre-Code custodial sentence” within the meaning of the
Sentencing Code (see section 222 of the Code).
A serious disruption prevention order made in respect of a person must
specify—
the reasons for making the order, and
the penalties which may be imposed on the person for breaching the
order.
Where a serious disruption prevention order has effect in respect of a person
(“P”), P commits an offence if P—
fails without reasonable excuse to do anything P is required to do by
the order,
without reasonable excuse does anything P is prohibited from doing
by the order, or
notifies to the police, in purported compliance with the order, any
information which P knows to be false.
A person who commits an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding the maximum term for
summary offences, to a fine or to both.
In subsection (2) “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the
Criminal Justice Act 2003 (alteration of penalties for certain summary
offences: England and Wales) comes into force, six months;
if the offence is committed after that time, 51 weeks.
Where a serious disruption prevention order has been made in respect of a
person (“P”), a person within subsection
(2)
may apply to the appropriate
court for an order varying, renewing or discharging the order.
Those persons are—
P;
the chief officer of police for the police area in which P lives;
a chief officer of police who believes that P is in, or is intending to
come to, the chief officer’s police area;
the chief officer of police for a police area in which P committed an
offence on the basis of which the order was made;
where the order was made following an application by a constable
within subsection
(3)
, that constable.
Those constables are—
the chief constable of the British Transport Police Force;
the chief constable of the Civil Nuclear Constabulary;
the chief constable of the Ministry of Defence Police.
An application under this section must be made—
where the appropriate court is a magistrates’ court, by complaint;
in any other case, in accordance with rules of court.
Before making a decision on an application under this section, the court must
hear—
the person making the application, and
any other person within subsection (2) who wishes to be heard.
The court may—
vary a serious disruption prevention order so as to—
extend the period for which the order has effect,
extend the period for which a requirement or prohibition
imposed by the order has effect, or
impose an additional prohibition or requirement on P, or
renew a serious disruption prevention order,
only if it considers that to do so is necessary for a purpose mentioned in
subsection
(8)
.
The purposes are—
to prevent P from committing a protest-related offence or a
protest-related breach of an injunction,
to prevent P from carrying out activities related to a protest that result
in, or are likely to result in, serious disruption to two or more
individuals, or to an organisation, in England and Wales,
to prevent P from causing or contributing to—
the commission by any other person of a protest-related offence
or a protest-related breach of an injunction, or
the carrying out by any other person of activities related to a
protest that result in, or are likely to result in, serious
disruption to two or more individuals, or to an organisation,
in England and Wales, or
to protect two or more individuals, or an organisation, in England
and Wales from the risk of serious disruption arising from—
a protest-related offence,
a protest-related breach of an injunction, or
activities related to a protest.
An order under this section varying or renewing a serious disruption
prevention order may not have the effect of extending the period for which
an electronic monitoring requirement has effect by more than 12 months at
a time.
the variation of a serious disruption prevention order so as to—
extend the period for which the order has effect,
extend the period for which a requirement or prohibition
imposed by the order has effect, or
impose an additional prohibition or requirement on P, or
the renewal of a serious disruption prevention order,
as they have effect in relation to the making of such an order.
On making an order under this section varying or renewing a serious
disruption prevention order, the court must in ordinary language explain to
P the effects of the serious disruption prevention order (as varied or renewed).
Section 127 of the Magistrates’ Courts Act 1980 does not apply to a complaint
under this section.
In this section “the appropriate court” means—
where the Crown Court or the Court of Appeal made the order, the
Crown Court;
where a magistrates’ court made the order and the application is made
by P or a constable within subsection
(3)
—
that magistrates’ court, or
a magistrates’ court for the area in which P lives;
where a magistrates’ court made the order and the application is made
by a chief officer of police—
that magistrates’ court,
a magistrates’ court for the area in which P lives, or
a magistrates’ court acting for a local justice area that includes
any part of the chief officer’s police area.
Where a serious disruption prevention order is made under section
19
(order
on conviction) in respect of a person (“P”), P may appeal against the making
of the order as if the order were a sentence passed on P for the offence.
Where a serious disruption prevention order is made under section
20
(order
otherwise than on conviction) in respect of a person (“P”), P may appeal to
the appropriate court against the making of the order.
A person who applied under section
20
(order otherwise than on conviction)
for a serious disruption prevention order to be imposed in respect of a person
may appeal to the appropriate court against a refusal to make the order.
Where an application is made under section
28
for an order varying, renewing
or discharging a serious disruption prevention order made in respect of a
person (“P”)—
the person who made the application may appeal to the appropriate
court against a refusal to make an order under that section;
P may appeal to the appropriate court against the making of an order
under that section which was made on the application of a person
other than P;
a person within subsection
(2)
of that section (other than P) may appeal
to the appropriate court against the making of an order under that
section which was made on the application of P.
In this section “the appropriate court” means—
in relation to an appeal under subsection (2) , the Crown Court;
On an appeal under this section to the Crown Court, the court may make—
such orders as may be necessary to give effect to its determination of
the appeal, and
such incidental and consequential orders as appear to it to be
appropriate.
The Secretary of State may issue guidance to—
chief officers of police,
the chief constable of the British Transport Police Force,
the chief constable of the Civil Nuclear Constabulary, and
the chief constable of the Ministry of Defence Police,
in relation to serious disruption prevention orders.
The guidance may in particular include—
guidance about the exercise by chief officers of police and the chief
constables mentioned in subsection
(1)
of their functions under this
Part,
guidance about identifying persons in respect of whom it may be
appropriate for applications for serious disruption prevention orders
to be made, and
guidance about providing assistance to prosecutors in connection with
applications for serious disruption prevention orders.
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued under this section
to be published.
A chief officer of police or a chief constable mentioned in subsection
(1)
must
have regard to any guidance issued under this section.
Before issuing guidance under section
30
, the Secretary of State must lay a
draft of the guidance before Parliament.
If, within the 40-day period, either House of Parliament resolves not to
approve the draft guidance, the guidance may not be issued.
If no such resolution is made within that period, the Secretary of State may
issue the guidance.
In this section “the 40-day period”, in relation to draft guidance, means the
period of 40 days beginning with the day on which the draft is laid before
Parliament (or, if it is not laid before each House on the same day, the later
of the days on which it is laid).
In calculating the 40-day period, no account is to be taken of any period
during which—
Parliament is dissolved or prorogued, or
both Houses are adjourned for more than 4 days.
The Secretary of State must issue a code of practice relating to the processing
of data gathered in the course of electronic monitoring of individuals under
electronic monitoring requirements imposed by serious disruption prevention
orders.
A failure to act in accordance with a code issued under this section does not
of itself make a person liable to any criminal or civil proceedings.
In this Part—
“
home address”, in relation to a person (“P”), means—
the address of P’s sole or main residence, or
if P has no such residence, the address or location of a place
where P can regularly be found and, if there is more than one
such place, such one of those places as P may select;
“
injunction” means an injunction granted by the High Court, the county
court or a youth court;
“
protest-related breach”, in relation to an injunction, means a breach
which is directly related to a protest;
“
protest-related offence” means an offence which is directly related to a
protest.
In section 379(1) of the Sentencing Code (other behaviour orders etc), after
the entry for the Elections Act 2022 insert—
“Public Order Act 2022
serious disruption
prevention order
protest-related offence within
the meaning of Part
2
of that
Act.”
This Act extends to England and Wales only, subject to subsection (2) .
An amendment made by this Act has the same extent as the provision
amended.
The following provisions come into force on the day on which this Act is
passed—
sections 7 , 13 and 23 , but only for the purposes of making regulations;
Section 16 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.
Except as provided by
subsections (3)
and
(4)
this Act comes into force on
such day as the Secretary of State may by regulations made by statutory
instrument appoint.
Different days may be appointed for different purposes or areas.
The Secretary of State may by regulations made by statutory instrument make
transitional, transitory or saving provision in connection with the coming into
force of any provision of this Act.
The power to make regulations under subsection
(7)
includes power to make
different provision for different purposes or areas.
This Act may be cited as the Public Order Act 2022.
This Schedule
applies where the court has power to remand a person under
subsection
(6)
of
section 18
(injunctions in Secretary of State proceedings:
power of arrest and remand).
In this Schedule “the court” has the same meaning as in that section.
The court may—
remand the person in custody, that is, commit the person to custody
to be brought before the court at the end of the period of remand
or at such earlier time as the court may require, or
remand the person on bail, in accordance with the following
provisions.
The court may remand the person on bail—
by taking from the person a recognizance, with or without sureties,
conditioned as provided in paragraph
3
, or
Where a person is brought before the court after remand, the court may
further remand the person.
Where a person is remanded on bail, the court may direct that the person’s
recognizance be conditioned for the person’s appearance—
before that court at the end of the period of remand, or
at every time and place to which during the course of the
proceedings the hearing may from time to time be adjourned.
Nothing in
this paragraph
affects the power of the court at any subsequent
hearing to remand the person afresh.
The court must not remand a person for a period exceeding eight clear
days except that—
if the court remands the person on bail, it may remand the person
for a longer period if the person and the other party consent, and
if the court adjourns a case under
section 18
(9)
(remand for medical
examination and report) the court may remand the person for the
period of adjournment.
Where the court has the power to remand a person in custody it may, if
the remand is for a period not exceeding three clear days, commit the
person to the custody of a constable.
If the court is satisfied that a person who has been remanded is unable by
reason of illness or accident to appear or be brought before the court at
the expiration of the period for which the person was remanded, the court
may, in the person’s absence, remand the person for a further time.
The power mentioned in sub-paragraph
(1)
may, in the case of a person
who was remanded on bail, be exercised by enlarging the person’s
recognizance and those of any sureties for the person to a later time.
Where a person remanded on bail is bound to appear before the court at
any time and the court has no power to remand the person under
sub-paragraph
(1)
, the court may in the person’s absence enlarge the
person’s recognizance and those of any sureties for the person to a later
time.
The enlargement of the person’s recognizance is to be deemed to be a
further remand.
Paragraph
4
(1)
(limit of remand) does not apply to the exercise of the
powers conferred by
this paragraph
.
The court may when remanding a person on bail under
this Schedule
require the person to comply, before release on bail or later, with such
requirements as appear to the court to be necessary to secure that the
person does not interfere with witnesses or otherwise obstruct the course
of justice.
A
bill
to
Make provision for new offences relating to public order; to make provision about stop and search powers; to make provision about the exercise of police functions relating to public order; to make provision about proceedings by the Secretary of State relating to protest-related activities; to make provision about serious disruption prevention orders; and for connected purposes.
Brought from the Commons on
Ordered to be Printed, .
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