Public Order Act 2023

XR Legal Briefing

Delivered 13 May 2023

attach yourself, another person or a thing to a person, object or land

if it causes or is capable of causing serious disruption to two or more people or an organisation (other than in a dwelling)

Locking on

Conduct

In force from 3 May 2023

Public Order Act 2023 — Legal Briefing

State of mind

intending disruption

“reckless” as to disruption (i.e. recognise risk but do it anyway)

6 months and/or fine (NB provision to increase this to 51 weeks)

“Reasonable excuse”

Defence

Punishment

Have an object with you in a place other than a dwelling

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Being equipped for locking on

Conduct

In force from 3 May 2023

Public Order Act 2023 — Legal Briefing

State of mind

intending that it may be used in the course of the commission of the

locking on offence by anyone

unlimited fine

“Reasonable excuse”

Defence

Punishment

Republic arrests at the Coronation for being equipped to lock on

Definition of “serious disruption”

This definition applies to the following new offences:

Public Order Act 2023 — Legal Briefing

Locking on

Being equipped to lock on

Tunnelling

Occupying a tunnel

Being equipped to tunnel

Serious disruption prevention orders

SoS injunctions

Also relevant to

Definition of “serious disruption”

are by way of physical obstruction prevented, or hindered to more than.

a minor degree, from carrying out —

The cases in which individuals or an organisation may suffer serious disruption include, in particular, where the individuals or the organisation—

Public Order Act 2023 — Legal Briefing

a.

are prevented from making or receiving, or suffer a delay that is.

more than minor to the making or receiving of, a delivery of a time-sensitive product, or

b.

(i) their day-to-day activities (including in particular the making of a journey),

(ii) construction or maintenance works, or

(iii) activities related to such works,

Meaning of “serious disruption”

are prevented from accessing, or suffer a disruption that is more than,

minor to the accessing of, any essential goods or any essential service.

Public Order Act 2023 — Legal Briefing

c.

“time sensitive product” means a product whose value or use to its consumers may be significantly reduced by a delay in the supply of the product to them

“accessing essential goods or essential services” includes in particular a reference to accessing—

(i) the supply of money, food, water, energy or fuel,

(ii) a system of communication,

(iii) a place of worship,

(iv) a transport facility,

(v) an educational institution, or

(vi) a service relating to health.

Interfere with the use or operation of any key national infrastructure in England and Wales

• E.g. roads, railways, airports, harbours, oil, gas or electricity infrastructure or newspaper printing. (SoS can add more)
• prevent use or operation “to any extent”.
• includes significant delay

Interference with key national infrastructure

Conduct

In force from 3 May 2023

Public Order Act 2023 — Legal Briefing

1 year and/or fine

“Reasonable excuse” or in contemplation / furtherance of a trade dispute

Defence

Punishment

State of mind

intending or “reckless” as to interference

Obstructs —

(i) setting out the lines of any major transport works

(ii) construction or maintaining any major transport works

(iii) taking of steps that are reasonably necessary for facilitating, or in connection with, 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 transport works

Obstruction of major transport works

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Conduct

Commencement TBC

Public Order Act 2023 — Legal Briefing

6 months and/or fine (NB. provision to increase this to 51 weeks)

“Reasonable excuse” or in contemplation / furtherance of a trade dispute

Defence

Punishment

Stop and search on suspicion

Public Order Act 2023 — Legal Briefing

Can be stopped and searched if suspected of carrying out or intending to carry out on suspicion of:

• Wilful obstruction of highway
• Public nuisance
• Locking on
• Tunnelling/being present in tunnel
• Obstruction of major transport works
• Interference with key national infrastructure

Stop and search without suspicion

Public Order Act 2023 — Legal Briefing

If police reasonably believe any of aforementioned offences may be committed, or that someone is carrying something for them to be committed (possibly by someone else), police can make order allowing suspicionless stop and search for 24 hours within a given area

Serious Disruption Prevention Orders

On conviction: must show one other previous protest offence or injunction breach.

Public Order Act 2023 — Legal Briefing

At another time: must show two previous protest offences or injunction breaches.

Can be issued by magistrates court on conviction, or at another time

Must be convictions either for offences committed at different protests or on different days within last 5 years, not already taken into account for previous SDPOs.

Conduct leading to conviction must take place AFTER the measure comes into force (date still tbc), and person must be 16 or over at the time.

Serious Disruption Prevention Orders

Can require you to do things (e.g. present yourself to person/place; stay in one place), and

Public Order Act 2023 — Legal Briefing

Can last 2 years, then renewable once for 12 months

Secretary of State will give guidance on use including on identifying people to apply for

Can prohibit you from doing things (e.g. being somewhere, being with someone, having certain articles)

Conditions:

Protections for journalists

Public Order Act 2023 — Legal Briefing

This does not affect the exercise by a constable of a police power for any purpose for which it may be exercised apart from this section.

A constable may not exercise a police power for the sole purpose of preventing a person from observing or reporting on:

• a protest
• the exercise of a police power in relation to a protest-related offence, activity or breach of injunction.

“Police power” means a power which is conferred on a constable by or by virtue of an enactment or by a rule of law;

Secretary of State injunctions

Any S of S can apply for an injunction but by convention it is the Home Secretary.

Public Order Act 2023 — Legal Briefing

Requirement: a reasonable belief that someone carrying out, or likely to carry out, activities related to a protest that are either:

• causing, or likely to cause, serious disruption to key national infrastructure in England and Wales, or access to essential goods/services in England and Wales; or

A Secretary of State can apply for injunctions associated with power of arrest

• seriously adverse to public safety.

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Other provisions and news

Public Order Act 2023 — Legal Briefing

New criminal offence of interference with access to provision of abortion services

New criminal offences of tunnelling, being in a tunnel, being equipped for tunnelling

Watch this space! Secretary of State proposed regulations….

Thank you for attending

If you have any questions about the Public Order Act

that were not answered in this presentation, please get

in touch with xr-legal@riseup.net