| Short Title: | Public Order Act 2023 |
| Type: | Act |
| Parliament: | 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. |
| Year: | 2023 |
| Citation: | 2023 c. 15 |
| Introduced Commons: | Priti Patel, Secretary of State for the Home Department |
| Introduced Lords: | The Lord Sharpe of Epsom, Parliamentary Under-Secretary of State for the Home Department |
| Territorial Extent: | England and Wales
|
| Royal Assent: | 2 May 2023 |
| Status: | current |
| Legislation History: | https://bills.parliament.uk/bills/3153/stages |
| Original Text: | https://www.legislation.gov.uk/ukpga/2023/15/enacted |
| Use New Uk-Leg: | yes |
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.
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]
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.
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]
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. 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.[18] 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.[19]
In October 2022, the Parliament of the United Kingdom's Joint Committee on Human Rights said:
In November, writing for the Financial Times, formerly Conservative peer Camilla Cavendish called the bill "... an affront to a civilised society".[20] The bill was also criticised by Amnesty International[21] and Volker Türk, the United Nations High Commissioner for Human Rights.[22]