Liberty’s guide to new protest offences and ‘serious disruption’
JVL Introduction
As the government seems ever more determined to clamp down on nonviolent protest and direct action, particularly with its rush to pass the New Public Order Act 2023 before the coronation, Liberty’s guide to its implications could not be more timely.
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Public Order Act: New Protest Offences & ‘Serious Disruption’
As the Government’s Public Order Act 2023 comes into force, we explain the new protest offences and new definition of ‘serious disruption’, and what they mean for protesters and organisers.
On this page:
What is the aim of the Public Order Act?
What is the existing legal framework?
Causing ‘serious disruption’ by tunnelling or being present in a tunnel
Obstructing major transport works
Interfering with key national infrastructure
Disclaimer: this article is for general information. It’s not intended to be used as legal advice. For information on how to get legal advice, please see our page here or find contact details of law firms with protest law expertise on our bust cards.
The information on this page was correct as of 18 May 2023. However, additional provisions of the Public Order Act 2023 may be brought into force in the near future. We will monitor these changes and update this (and other) pages accordingly.
The Public Order Act introduces measures that significantly increase the police’s power to respond to protests and put restrictions in place for those taking part in them.
The Government first tried to introduce many of these measures in the Police, Crime, Sentencing and Courts (“Policing”) Act 2022, but was unsuccessful. The Public Order Act reintroduces them.
What is the aim of the Public Order Act?
The Public Order Act aims to increase the police’s ability to restrict and criminalise protest activity by introducing a range of new powers which allow, among other things, for:
- new and expanded use of stop and search;
- orders that ban people from participating in protests and control their movement/activity/associations;
- new offences that criminalise certain kinds of protests altogether.
The Government has explicitly referred to Extinction Rebellion, Just Stop Oil, and Insulate Britain protests as justification for its introduction.
What is the existing legal framework?
The Public Order Act 2023 builds on the existing legal framework governing the policing of protests. This is mainly contained in the Public Order Act 1986, which remains in force. Further changes to this framework were introduced by the Policing Act 2022. You can read more about these changes in our overview.
This page will focus on the changes introduced by the Public Order Act 2023.
New Protest Offences
The Public Order Act 2023 introduces the following new criminal offences:
- locking-on & being equipped for locking-on – currently in force
- causing serious disruption by tunnelling / being present in a tunnel & being equipped for tunnelling – not yet in force
- obstructing major transport works – not yet in force
- interfering with key national infrastructure – currently in force
Locking-on
‘Locking-on’ is when protesters attach themselves to other people, objects, or buildings. It is a tactic used throughout history, but the Public Order Act 2023 now makes it a criminal offence. You will be committing this offence when you:
- attach yourself to another person, an object or land;
- attach a person to another person, an object, or land;
- attach an object to another object or to land; and
- your activities cause or can cause ‘serious disruption‘ to two or more people or to an organisation in a public place.
To commit this offence, you must have intended your acts to cause serious disruption, or you were reckless as to whether your acts would cause serious disruption.
If convicted, you are punishable with up to six months’ imprisonment, a fine, or both.
There is a defence of ‘reasonable excuse’ for this offence.
Being equipped for locking-on
This offence criminalises those who are ‘equipped for locking on’. You will be committing this offence if you are:
- carrying an object in public; and
- intending to use the object ‘in the course of or in connection with’ yourself or any other person committing the offence of locking on.
If convicted, you are punishable with an unlimited fine.
Causing ‘serious disruption’ by tunnelling or being present in a tunnel
These offences criminalise the act of tunnelling, where you:
- create a tunnel, participate in creating a tunnel, or are present in a tunnel; and
- causes or is capable of causing ‘serious disruption’ to two or more people or to an organisation in a place other than a dwelling; and
- intend or are reckless as to whether creating or being in a tunnel will cause or be capable of causing ‘serious disruption‘.
If convicted in a magistrates’ court, these offences are punishable with imprisonment for up to the general limit in a magistrates’ court, a fine, or both. If convicted in a crown court, the maximum penalty is three years’ imprisonment, a fine, or both.
There is a defence of ‘reasonable excuse’ for this offence. For example, if your presence in the tunnel or creation of the tunnel was authorised by a person who had an interest in the land.
Being equipped for tunnelling
You will be committing this offence if you:
- have an object with you in a place other than a dwelling; and
- intend to use it for, or in connection with, the above tunnelling offences.
If convicted, you are punishable with up to six months, a fine, or both.
Obstructing major transport works
This offence criminalises behaviour that obstructs or interferes with the construction or maintenance of transport works, such as HS2. You will be committing this offence if you:
- obstruct individuals (like construction workers) from constructing or maintaining any major transport works; or
- interfere with, move, or remove apparatus relating to constructing or maintaining major transport works.
If convicted, you are punishable with up to six months’ imprisonment, a fine, or both.
There is a defence of ‘reasonable excuse’ for this offence.
Interfering with key national infrastructure
This offence criminalises behaviour which prevents ‘to any extent’ or ‘significantly’ delays the operation of key infrastructure (including roads, railways, airports, harbours, oil & gas or electricity generation infrastructure or newspaper printing) in England and Wales. There is a list of key national infrastructure specified in the Act, which can be added to by the Secretary of State.
You will be committing this offence if you:
- take action that interferes with the use or operation of key national infrastructure; and
- intend or are reckless as to whether your actions will interfere with the use or operation of key national infrastructure.
If convicted in a magistrates’ court, you are punishable with imprisonment for up to the general limit in a magistrates’ court, a fine, or both. If convicted in a crown court, you are punishable with up to 12 months’ imprisonment, a fine, or both.
There is a defence of ‘reasonable excuse’ for this offence.
What is ‘serious disruption’?
The definition of ‘serious disruption’ in the Public Order Act 2023 includes situations in which individuals or organisations are:
- by physical obstruction, prevented or hindered (to more than a minor degree) from doing:
- day-to-day activities (including journeys); or
- construction or maintenance works or related activities
- prevented or delayed (to more than a minor degree) from making or receiving a delivery of a time-sensitive product; or
- prevented or disrupted (to more than a minor degree) from accessing essential goods or services.
Further information
More information on your protest rights is available on our Advice and Information Hub, including the following pages – all on the Liberty website:
- PUBLIC ORDER ACT: NEW PROTEST STOP & SEARCH POWERS
- YOUR RIGHT TO PROTEST
- HOW TO ORGANISE A PROTEST
- HOW DOES THE NEW POLICING ACT AFFECT MY PROTEST RIGHTS?
- WHAT IF I’M ARRESTED AT A PROTEST?
- PROTEST BUST CARDS (WITH TRANSLATIONS)
- PRACTICAL PROTEST TIPS
- A GUIDE TO KETTLING
- YOUR RIGHTS AS AN LGBTQ+ PROTESTER OF COLOUR
CONTACT US FOR ADVICE AND INFORMATION
If you would like advice and information on your protest rights, and the above pages do not answer your questions, you can contacts us:
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This New Public Order Act is terrifying, not just in its content, but the fact that so many Labour MPs will vote for it. There us one caveat that I would add, I believe that if protestors seek to deliberately ‘inconvenience’ the public they will fail in their aims and lose public support. I will beg the question ‘whose moral compass is superior’ and what right do they have to impose their values on others? Successful protest cannot survive if you alienate public opinion.
What is most appalling is the absence of any real opposition from the Labour Party leadership and shadow front bench. We have the elite imposing draconian authoritarian measures which attack our civil liberties and basic human rights. History teaches us that we have to fight back to protect our rights. That may lead to detention on spurious charges or simply for protesting. The recent arrests of Republic protesters and their detention, lays bare this repressive legislation. The recent arrests and imprisonment of a number of Palestine Action activists is also symptomatic of the naked authoritarianism and repression of the state. Those who stick their heads over the parapet and dare to dissent deserve our full support.
Interfering with key national infrastructure- would that include rail strikes etc.?
Last week the SNP brought an Opposition day motion to repeal the Anti-Protest Bill.
It was supported by Caroline Lucas, Plaid and the Lib Dems. It was never going to pass, but the PLP was whipped to abstain.
The utter cowardice of the Starmer Party is truly shameful.