What Is the Public Order Act 2023? UK Protest Law Explained

What is the Public Order Act 2023? It is a UK law, mainly covering England and Wales, that created new criminal offences linked to disruptive protest tactics, including locking on, tunnelling and interfering with key national infrastructure. It also created Serious Disruption Prevention Orders, which courts can place on repeat offenders. It received Royal Assent on 2 May 2023.

This explainer summarises the law from the sources below. It does not take a position.

What new offences does the Public Order Act 2023 create?

According to the Act's explanatory notes, Part 1 creates offences of:

• Locking on: attaching yourself, another person or an object to people, objects or land in a way that causes or could cause serious disruption
• Being equipped for locking on
• Tunnelling and being present in or equipped for a tunnel
• Obstructing major transport works
• Interfering with key national infrastructure, such as transport and energy infrastructure, with up to 12 months in prison on indictment

Liberty's guidance says locking on can lead to prison, an unlimited fine or both.

What is a Serious Disruption Prevention Order?

Part 2 lets courts impose conditions on someone aged 18 or over who has, on at least two occasions in five years, been convicted of a protest-related offence or breached a protest injunction. Orders can last from one week to two years, and breaching one is a criminal offence.

What counts as serious disruption?

The Act defines it to include hindering people "to more than a minor degree" from day-to-day activities such as journeys, delaying time-sensitive deliveries, or disrupting access to essential goods and services.

What else is in the Act?

It extended police stop-and-search powers for protest-related items, created 150-metre safe access zones around abortion clinics, and includes a safeguard stating police cannot use these powers solely to stop people observing or reporting on a protest.

FAQ

Does the Act ban protest? No. Peaceful protest remains protected under Articles 10 and 11 of the European Convention on Human Rights, as applied through the Human Rights Act 1998.

Does it apply in Scotland? Most provisions apply to England and Wales only.

Is it the same as the Public Order Act 1986? No. The 1986 Act is older and remains in force alongside it.

Related

• Is protesting a constitutional right?
• What is the Insurrection Act?
• How to make an animated explainer video

Sources

• 01legislation.gov.uk/ukpga/2023/15/contents
• 02legislation.gov.uk/ukpga/2023/15/section/7
• 03en.wikipedia.org/wiki/Public_Order_Act_2023
• 04legislation.gov.uk/ukpga/2023/15/notes/division/2/index.htm
• 05libertyhumanrights.org.uk/advice_information/public-order-act-new-protest-offences/
• 06researchbriefings.files.parliament.uk/documents/SN05013/SN05013.pdf
• 07gov.uk/government/publications/serious-disruption-prevention-orders/serious-disruption-prevention-orders-statutory-guidance-accessible