Public Order Act 2023

Last updated

Public Order Act 2023
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Parliament of the United Kingdom
Long title An Act 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.
Citation 2023 c. 15
Introduced by Priti Patel, Secretary of State for the Home Department (Commons)
The Lord Sharpe of Epsom, Parliamentary Under-Secretary of State for the Home Department (Lords)
Territorial extent  England and Wales; but provisions amending Acts which extend to Scotland and Northern Ireland extend to those countries
Dates
Royal assent 2 May 2023
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Text of the Public Order Act 2023 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Public Order Act 2023 (c. 15), referred to during its passage through Parliament as the public order bill and the anti-protest bill, [1] is an Act of the Parliament of the United Kingdom which gave law enforcement agencies in the United Kingdom greater powers to prevent protest tactics deemed "disruptive" such as those used by climate protestors. [2] [3] [4] [5] It received royal assent on 2 May 2023 by King Charles III.

Contents

This bill followed the Police, Crime, Sentencing and Courts Act 2022, which reintroduced measures previously rejected by the House of Lords. As with the previous act, this bill also received criticism in regards to declining civil liberties in the country. The Joint Committee on Human Rights "called for key measures in the legislation to be watered down or scrapped because the laws would have a "chilling effect" on people in England and Wales seeking to exercise their legitimate democratic rights." [6]

Details of the act

The act introduces new offences for locking on (with 51-week sentences), interfering with key national infrastructure, obstructing major transport works, causing serious disruption by tunnelling, greater stop and search powers to prevent disruptive protests (including without suspicion), [7] and "Serious Disruption Prevention Orders" "which can restrict people's freedom by imposing conditions on repeat offenders". [8] [2]

The act is "explicitly targeted at protesters", [9] such as "the current outbreak of climate protests across Britain". [5] The government specifically named the protests of Extinction Rebellion, Just Stop Oil, and Insulate Britain as reasons it is needed. [2] [10]

Measures previously rejected by the House of Lords in consideration of the Police, Crime, Sentencing and Courts Act 2022, including banning individuals from protests, were reintroduced. [7]

In January 2023, Prime Minister Rishi Sunak's government had announced plans to amend the Public Order Bill before it becomes law "to broaden the legal definition of 'serious disruption', give police more flexibility, and provide legal clarity on when the new powers could be used." [11]

The act also includes measures to create safe access zones around abortion clinics with a radius of 150 metres, but these provisions are not in force. [12]

Legislative history

The bill was announced in the Queen's speech on 10 May 2022. [13]

In October 2022, MPs passed the bill by 276 votes to 231. In January 2023, the House of Lords overturned plans to increase police powers to allow them to restrict protests by 254 votes to 240 [14] [15] and added a clause restricting protests within 150 metres of an abortion clinic. In March, the House of Commons upheld the abortion-related provision, on which the Conservative Party permitted a free vote, by 299 votes to 116. Meanwhile, other amendments made by the House of Lords, including those limiting the powers police officers would be granted under the law, were rejected. [16]

Following a months-long parliamentary ping-pong, conflicts between the two Houses were ultimately resolved on 26 April 2023, when the Lords decided by voice vote not to insist on amendments the Commons disagreed with. [17]

The bill received royal assent by King Charles III on 2 May 2023 and became an act of Parliament.

The sections of the act creating the offences related to locking on as well as interference with key national infrastructure came into force by statutory instrument on 3 May 2023. [18] On 2 July 2023, the sections of the act creating the offences related to tunnelling and obstruction of major transport works came into force, along with the section creating a requirement that police cannot use their powers solely to prevent individuals from observing or reporting on a protest. [19] On 4 April 2024, regulations were made to bring into force the provisions relating to serious disruption prevention orders with effect from 5 April 2024. [20]

Criticism

In October 2022, the Parliament of the United Kingdom's Joint Committee on Human Rights said:

"it is concerned the offence could encompass demonstrators who simply link arms with each other, and that it should be amended. [...] The committee said measures relating to the obstruction of major transport works covered actions that were not intended to cause significant disruption, while those related to interference with key national infrastructure covered those that were neither "key" nor "national". The proposed serious disruption prevention orders could prevent people being able to exercise their right to protest, the committee said, and represented a "disproportionate response" to any resulting disruption. It also expressed concerns about the extension of stop and search powers, allowing police to carry out searches where there were no reasonable grounds for suspicion." [6]

In November, writing for the Financial Times , formerly Conservative peer Camilla Cavendish called the bill "... an affront to a civilised society". [21] The bill was also criticised by Amnesty International [22] and Volker Türk, the United Nations High Commissioner for Human Rights. [23]

See also

Related Research Articles

<span class="mw-page-title-main">Abortion in the United Kingdom</span>

Abortion in the United Kingdom is de facto available under the terms of the Abortion Act 1967 in Great Britain and the Abortion (No.2) Regulations 2020 in Northern Ireland. The procurement of an abortion remains a criminal offence in Great Britain under the Offences Against the Person Act 1861, although the Abortion Act provides a legal defence for both the pregnant woman and her doctor in certain cases. Although a number of abortions did take place before the 1967 Act, there have been around 10 million abortions in the United Kingdom. Around 200,000 abortions are carried out in England and Wales each year and just under 14,000 in Scotland; the most common reason cited under the ICD-10 classification system for around 98% of all abortions is "risk to woman's mental health."

<span class="mw-page-title-main">Terrorism Act 2000</span> United Kingdom legislation

The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996. It also replaced parts of the Criminal Justice Act 1998. The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts. The stop-and-search powers under section 44 of the Act have been ruled illegal by the European Court of Human Rights.

Abortion in Australia is legal. There are no federal abortion laws, and full decriminalisation of the procedure has been enacted in all jurisdictions. Access to abortion varies between the states and territories: Surgical abortions are readily available on request within the first 22 to 24 weeks of pregnancy in most jurisdictions, and up to 16 weeks in Tasmania. Later-term abortions can be obtained with the approval of two doctors, although the Australian Capital Territory only requires a single physician's approval.

<span class="mw-page-title-main">Anti-terrorism, Crime and Security Act 2001</span> United Kingdom legislation

The Anti-terrorism, Crime and Security Act 2001 is an Act of Parliament of the United Kingdom, formally introduced into Parliament on 19 November 2001, two months after the terrorist attacks in the United States on 11 September. It received royal assent and came into force on 14 December 2001. Many of its measures are not specifically related to terrorism, and a Parliamentary committee was critical of the swift timetable for such a long bill including non-emergency measures.

<span class="mw-page-title-main">Human rights in the United Kingdom</span>

Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.

<span class="mw-page-title-main">Serious Organised Crime and Police Act 2005</span> United Kingdom legislation

The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the House of Commons on 24 November 2004 and was passed by Parliament and given royal assent on 7 April 2005.

<span class="mw-page-title-main">Anti-abortion violence</span> Violence committed against individuals and organizations that provide abortion services

Anti-abortion violence is violence committed against individuals and organizations that perform abortions or provide abortion counseling. Incidents of violence have included destruction of property, including vandalism; crimes against people, including kidnapping, stalking, assault, attempted murder, and murder; and crimes affecting both people and property, as well as arson and terrorism, such as bombings.

<span class="mw-page-title-main">Racial and Religious Hatred Act 2006</span> United Kingdom legislation

The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion. The Act was the Labour Government's third attempt to bring in this offence: provisions were originally included as part of the Anti-Terrorism, Crime and Security Bill in 2001, but were dropped after objections from the House of Lords. The measure was again brought forward as part of the Serious Organised Crime and Police Bill in 2004-5, but was again dropped in order to get the body of that Bill passed before the 2005 general election.

<span class="mw-page-title-main">Criminal Justice and Public Order Act 1994</span> United Kingdom legislation

The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed rave parties, and greater penalties for certain "anti-social" behaviours. The Bill was introduced by Michael Howard, Home Secretary of Prime Minister John Major's Conservative government, and attracted widespread opposition.

<span class="mw-page-title-main">Public Order Act 1986</span> United Kingdom legislation

The Public Order Act 1986 is an Act of the Parliament of the United Kingdom that creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendations of the Law Commission.

Governments sometimes take measures designed to afford legal protection of access to abortion. Such legislation often seeks to guard facilities which provide induced abortion against obstruction, vandalism, picketing, and other actions, or to protect patients and employees of such facilities from threats and harassment.

<span class="mw-page-title-main">Lock-on (protest tactic)</span> Protest tactic

A lock-on is a technique used by protesters to make it difficult to remove them from their place of protest. It often involves improvised or specially designed and constructed hardware, although a basic lock-on is the human chain which relies simply on hand grip.

<span class="mw-page-title-main">Counter-Terrorism Act 2008</span> United Kingdom legislation

The Counter-Terrorism Act 2008 is an act of the Parliament of the United Kingdom which increased police powers for the stated purpose of countering terrorism. The first reading of the bill was held in January 2008, and it received royal assent on 26 November 2008 following an episode of Parliamentary ping-pong on some of its most controversial issues.

<span class="mw-page-title-main">Anti-Social Behaviour, Crime and Policing Act 2014</span> United Kingdom legislation

The Anti-Social Behaviour, Crime and Policing Act 2014 is an Act of the Parliament of the United Kingdom which consolidated and expanded law enforcement powers in addressing anti-social behaviour. One significant aspect of the act is that it replaced anti-social behaviour orders, the primary civil order in the United Kingdom since 1998, with criminal behaviour orders.

Abortion in Illinois is legal. Laws about abortion dated to the early 1800s in Illinois; the first criminal penalties related to abortion were imposed in 1827, and abortion itself became illegal in 1867. As hospitals set up barriers in the 1950s, the number of therapeutic abortions declined. Following Roe v. Wade in 1973, Illinois passed a number of restrictions on abortion, many of which have subsequently been repealed. Illinois updated its existing abortion laws in June 2019. The state has seen a decline in the number of abortion clinics over the years, going from 58 in 1982 to 47 in 1992 to 24 in 2014.

Abortion in New York is legal, although abortions after the 24th week of pregnancy require a physician's approval. Abortion was legalized up to the 24th week of pregnancy in New York in 1970, three years before it was legalized for the entire United States with the Supreme Court's decision in Roe v. Wade in 1973. Roe v. Wade was later overturned in 2022 by the Supreme Court in Dobbs v. Jackson Women's Health Organization. The Reproductive Health Act, passed in 2019 in New York, further allows abortions past the 24th week of pregnancy if a woman's life or health is at risk, or if the fetus is not viable. However, since these exceptions are not defined by the law, and the law carries no criminal penalties for the woman herself, abortion is effectively legal throughout pregnancy.

<span class="mw-page-title-main">Human Rights Law Centre</span> Australian human rights group

The Human Rights Law Centre (HRLC) is an Australian human rights group, with locations in South Melbourne and Sydney.

<span class="mw-page-title-main">Covert Human Intelligence Sources (Criminal Conduct) Act 2021</span> United Kingdom law

The Covert Human Intelligence Sources Act 2021 is an act of the Parliament of the United Kingdom. The act makes provision for the use of undercover law enforcement agents and covert sources and the committing of crimes in the undertaking of their duty. It was also referred to as the "Spy Cops Bill" – a reference to the UK undercover policing relationships scandal.

<span class="mw-page-title-main">Police, Crime, Sentencing and Courts Act 2022</span> Act of the United Kingdom Parliament

The Police, Crime, Sentencing and Courts Act 2022 is an act of the Parliament of the United Kingdom that was introduced by the Home Office and the Ministry of Justice. It gives more power to the police, criminal justice, and sentencing legislation, and it encompasses restrictions on "unacceptable" protests, crimes against children, and sentencing limits. It was passed by the Houses of Parliament on 26 April 2022 and received Royal Assent on 28 April 2022.

<span class="mw-page-title-main">National Security Act 2023</span> United Kingdom legislation

The National Security Act 2023 is an act of the Parliament of the United Kingdom which introduced new measures intended to strengthen United Kingdom national security against espionage, interference in the political system, sabotage, and assassination.

References

  1. ↑
    • John, Tara; Mendonca, Duarte; Foster, Max (2 May 2023). "Parts of a controversial anti-protest law come into force ahead of King Charles' coronation". CNN. Retrieved 23 October 2023.
    • Allegretti, Aubrey (2 August 2023). "Anti-protest laws and culture wars weakening UK's democracy, finds report". the Guardian. Retrieved 23 October 2023.
    • Robertson, Adam (14 June 2023). "'Shameful' Labour peers abstain from key vote on 'draconian' anti-protest laws". The National. Retrieved 23 October 2023.
    • "New police powers to tackle slow-walking protests". BBC News. 27 April 2023. Retrieved 23 October 2023.
    • Specia, Megan; Bubola, Emma (9 May 2023). "U.K. Police 'Regret' Coronation Protest Arrests After Using New Powers". The New York Times. Retrieved 23 October 2023.
  2. 1 2 3 Barradale, Greg (18 October 2022). "The government's anti-protest bill is back. Here's what you might not know about it". The Big Issue .
  3. ↑ "Controversial Public Order Bill passed in Westminster". HeraldScotland . 18 October 2022.
  4. ↑ Bulbul, Nuray (19 October 2022). "What is the public order bill designed to crack down on 'disruptive' protests?". Evening Standard .
  5. 1 2 "Let the Irish Run the U.K. until the English Can Get This Omnishambles Together". Esquire . 21 October 2022.
  6. 1 2 "Ministers creating 'hostile environment' for protesters, say MPs". The Guardian . 16 June 2022.
  7. 1 2 "Peers called on to kill public order bill targeting climate activists". the Guardian . 1 November 2022. Retrieved 18 December 2022.
  8. ↑ "Keir Starmer backs stiff sentences for climate protesters who block roads". The Guardian . 24 October 2022.
  9. ↑ "We Interviewed Climate Activists Who Were Jailed for Protest". Vice . 25 October 2022.
  10. ↑ Barradale, Greg (1 June 2022). "Public do not support Priti Patel's plans to increase police powers, poll finds". The Big Issue .
  11. ↑ James, William (15 January 2023). "UK seeks stronger powers to stop disruptive protests". Reuters.
  12. ↑ Campbell, Denis (18 October 2023). "Women still being harassed at abortion clinics despite buffer zone law". The Guardian. London. Retrieved 17 July 2024.
  13. ↑ "'Criminalising our right to protest': green groups' anger over public order bill". The Guardian . 10 May 2022.
  14. ↑ "Public Order Bill: Peers defeat plans to curb protest disruption". BBC News . 7 February 2023.
  15. ↑ "Wednesday briefing: The public order bill that will make dissent a lot more difficult". The Guardian . 26 October 2022.
  16. ↑ "MPs reject calls to allow 'silent prayer' in abortion clinic buffer zones". Shropshire Star . 7 March 2023.
  17. ↑ "Public Order Bill; Volume 829: debated on Wednesday 26 April 2023". 26 April 2023. Retrieved 17 June 2023.
  18. ↑ Statutory Instrument 2023 No. 502 (section 2) Public Order Act 2023 (Commencement No. 1) Regulations 2023
  19. ↑ "The Public Order Act 2023 (Commencement No. 1) (England and Wales) Regulations 2023". legislation.gov.uk. The National Archives. Retrieved 2 July 2023.
  20. ↑ "The Public Order Act 2023 (Commencement No. 4) (England and Wales) Regulations 2024" (PDF). legislation.gov.uk. Retrieved 4 April 2024.
  21. ↑ "Sinister curbs on the freedom to protest are wrong". Financial Times . 4 November 2022. Retrieved 18 December 2022.
  22. ↑ "UK: Government plan to push more anti-protest legislation through Lords must be stopped". Amnesty International UK. 7 June 2023. Retrieved 23 October 2023.
  23. ↑ "UN rights chief urges UK to reverse 'troubling' Public Order Bill". Reuters. 27 April 2023. Retrieved 23 October 2023.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.