New Public Order Powers In Force

New public order powers to prevent protestors from causing serious disruption and damage came into law on 5th April 2024.

This followed an protests and tactics used by protestors that are dangerous and cause serious disruption to trade, transport and public life. Tactics have included blocking highways, ‘locking on’ to property and damage of property.

Serious Disruption Prevention Orders (“SDPOs”) are intended to limit and stop the activities of persistent offenders who repeatedly break the law and cause danger to themselves and others, and cause serious disruption to the public.

Under the Public Order Act 2023, SDPOs will empower the police to intervene before protestors cause serious disruption, and will be aimed at persons who have previously committed protest-related offences or who have failed to abide by court-imposed restrictions.

These orders can be imposed on those who have, on at least two occasions, committed protest-related offences, for example, breaching an injunction, property damage or blocking a highway.

SDPOs, which can last for up to two years (and extended if the individual remains a threat), can be used to prevent protestors from being in designated areas and taking part in activities which are intended to cause disruption, joining groups and encouraging acts of disruption (eg through use of the internet/social media).

There is a right to Freedom of Assembly and Association, under Article 11 Human Rights Act. This must only be interfered with if it is necessary and proportionate to do so “in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.”

The Court must therefore be satisfied that it is necessary to do so for the following reasons:

• to prevent the individual from committing a protest-related offence or a protest-related breach of an injunction;

• to prevent the individual 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 an organisation;

• to prevent the individual 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 individual of activities related to a protest that result in or are likely to result in, serious disruption to two or more individuals or an organisation;

• to protect two or more individuals or an organisation 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 court may impose any prohibition or requirement it deems necessary to meet the above objectives.

Breaching an SDPO is a criminal offence and can incur a maximum sentence of six months imprisonment and an unlimited fine.