Conditions placed on a protest

Last reviewed: 26/02/2023

Section 12/14 of the Public Order Act 1986 amended by ss73-75 Police, Crime,sentencing and courts (PCSC)Act 2022.

Sections 12 and 14 of the Public Order Act 1986 allow conditions to be imposed on ‘public processions’ and ‘public assemblies’, respectively.

You can be guilty of an offence of breaching conditions placed on a protest/procession if you fail to comply as a participant or organiser and knew or ought to have known the conditions were in place.

A ‘public procession’ constitutes any number of people (the law does not specify a minimum) moving along a route.

A ‘public assembly’ is two or more people gathered together in a public place. This includes highways, parks, shopping precincts, shops and offices, restaurants, pubs or any other place to which the public has access or partial access.

The most senior police officer at the site of the 'public procession’ or ‘public assembly’ may impose "such conditions as appear necessary" to prevent disorder, damage, disruption, impact or intimidation if the officer reasonably believes that:

It may result in serious public disorder, serious damage to property or serious disruption to the life of the community. This includes activities that may result in a significant delay to the supply of a time-sensitive product to consumers of that product or a prolonged disruption of access to any essential goods or essential services. Essential goods include the supply of money, food, water, energy or fuel. Essential services include a system of communication, a place of worship, a transport facility, an educational facility or a service relating to health.
The noise generated by people taking part may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession/protest
The noise generated by persons taking part in the procession may have a relevant impact on persons in the vicinity of the procession AND that the impact may be significant

The purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.

Where a procession or protest is already underway or people are assembling with a view to a protest or procession , the most senior officer present can impose such conditions as appear necessary to prevent such disorder, damage or disruption.

Where a procession or protest is intended but people are not yet assembling, only the Chief officer of police can impose conditions and they must be in writing.

Practical implications

The police may impose conditions that can restrict the location, the duration and the number of participants allowed to participate in the assembly or procession. For example, 'No more than 20 people allowed at Marble Arch and they must leave by 3pm today'. They will often set up a "protest pen" and ask you and the people around you to move into it.

A senior officer may make an announcement, or sometimes visual displays or leaflets will be used to tell people that conditions are in place . Other officers will usually go around the protest, speak to individuals, and inform them of the conditions. They will be filming themselves (using their body-worn cameras) telling you about the conditions so they can use this as evidence in court later.

Do not pass on leaflets, make announcements or share announcements on social media about conditions under Section 12 or 14. This is doing the police’s work for them. It is often very difficult to hear, or comply with, conditions, so by passing on the message, you make yourself and others liable for conviction under the act.

Conditions may be more likely to be imposed if you talk to the police ahead of your action. If you or your group are considering this, please read our guide on notifying the police of actions.

Penalties

A person who participates in a ‘public procession’ or ‘public assembly’ and fails to comply with a condition imposed on it is guilty of an offence. It must be proved that the person knew or ought to have known about the conditions imposed. If convicted, the maximum sentence is a fine of £2500. First-time offenders would likely receive a fine of about £200-300 or a conditional discharge. It is a defence for the person to prove that the failure to comply arose from circumstances beyond their control.

A person who organises a ‘public procession’ or ‘public assembly’ and fails to comply with a condition imposed on it is guilty of an offence. It must be proved that the person knew or ought to have known about the conditions imposed. If convicted, the maximum sentence is imprisonment for a term not exceeding 51 weeks or a fine of £2500 or both. First-time offenders would be likely to receive a fine or a Community Order. It is a defence for the person to prove that the failure to comply arose from circumstances beyond their control.

A person who incites others to take part in a ‘public procession’ or ‘public assembly’ and to not comply with a condition imposed on it is guilty of an offence. If convicted, the maximum sentence is imprisonment for a term not exceeding 51 weeks or a fine of £2500 or both. First-time offenders would be likely to receive a fine or a Community Order.

Following the commencement of the PCSC Act 2022, the Home Secretary now also has the power to amend Sections 12 and 14 to make further provisions as to what counts as "serious disruption to the activities of an organisation which are carried on in the vicinity of a public procession" or "serious disruption to the life of the community".

Although in some parts above, it reads that the maximum sentence is "51 weeks", this is currently to be read as six months. This is until Section 281(5) of the Criminal Justice Act 2003 is brought into force.

Palace of Westminster & Parliament Square

Sections 76 and 77 of the PCSC Act 2022 amends the legal framework in Part 3 of the Police

Reform and Social Responsibility Act 2011 (PRSR Act 2011), which is designed to prevent

disruptive activities in the vicinity of the Palace of Westminster, and to ensure vehicular access to Parliament (see Home Office Guidance). It is a summary offence to fail without reasonable excuse to comply with a direction from a constable or authorised person to cease prohibited activity: s.143(8) PRSR Act 2011.

The PRSR Act 2011 is amended from 28 June 2022 so that:

The Palace of Westminster controlled area, where certain activities are prohibited, is expanded to ensure that all entrances are included.
A further prohibited activity in the controlled area is added to s.143 PRSR Act 2011: a police officer may direct an individual to cease, or not start, obstructing the passage of a vehicle into or out of the Parliamentary Estate.

One Person Protests

Section 79 of the PCSC Act 2022 inserts a new section 14ZA into the Public Order Act 1986, from 28 June 2022:

A senior police officer may impose conditions on a person organising or carrying on one-person protests, where it is reasonably believed that the noise generated by the protest: may result in serious disruption to the activities of an organisation that are carried on in the vicinity of the protest; or may have a significant relevant impact on persons in its vicinity. The conditions must appear to the officer to be necessary to prevent such disruption or impact.
It is a summary offence for a person who organises or carries on a one-person protest to fail to comply with a condition, where the person knew or ought to have known that a condition was imposed. It is a defence to show that the failure arose from circumstances beyond the person’s control.The maximum sentence, upon summary conviction (in the Magistrates Court), is a fine of £2500.
It is also an offence to incite such an offence. The maximum sentence, upon summary conviction (in the Magistrates Court), is a fine of £2500.
If someone incites another person to organise or carry out a one-person protest and incites them to not comply with conditions imposed on the protest, then they would be guilty of an offence. The maximum sentence, upon summary conviction (in the Magistrates Court), is imprisonment for a term of 51 weeks or a £2500 or both.
Although in some parts above it reads that the maximum sentence is "51 weeks", this is currently to be read as 6 months. This is until Section 281(5) of the Criminal Justice Act 2003 is bought into force.
The Home Secretary also has the power to amend Section 14ZA for the purposes of making provisions as to what counts as "serious disruption to the activities of an organisation which are carried on in the vicinity of a one-person protest" and can also introduce specific examples of cases where a one-person protest is or is not to be treated as causing "serious disruption to the activities of an organisation which are carried on in the vicinity of the protest"

Dispersal Notices S35 Anti Social Behaviour, Crime and Policing Act 2014

Authorisation to use powers under section 35 enabling police to order persons to leave a locality and not return.

This section has been included although is limited in its application to protest situations.

A police officer of at least the rank of inspector may authorise the use in a specified locality, during a specified period of not more than 48 hours, the powers given by section 35.

An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of

members of the public in the locality being harassed, alarmed or distressed, or
the occurrence in the locality of crime or disorder.

In deciding whether to give such an authorisation an officer must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.

“Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.

An authorisation under this section—

(a) must be in writing,
(b)must be signed by the officer giving it, and
(c) must specify the grounds on which it is given.

If an authorisation is in force a police officer or police community support officer in uniform may direct a person who is in a public place in the locality specified in the authorisation—

(a) to leave the locality (or part of the locality), and

(b) not to return to the locality (or part of the locality) for the period specified in the direction (“the exclusion period”).

The constable must have reasonable grounds to suspect that the behaviour of the person in the locality has contributed or is likely to contribute to—

(a) members of the public in the locality being harassed, alarmed or distressed, or
(b) the occurrence in the locality of crime or disorder.

the constable must also consider that giving a direction to the person is necessary for the purpose of removing or reducing the likelihood of the events mentioned in (a and b)

A direction under this section:

must be given in writing, unless that is not reasonably practicable;

must specify the area to which it relates;

may impose requirements as to the time by which the person must leave the area and the manner in which the person must do so (including the route).

The constable must (unless it is not reasonably practicable) tell the person to whom the direction is given that failing without reasonable excuse to comply with the direction is an offence.

If the constable reasonably believes that the person to whom the direction is given is under the age of 16, the constable may remove the person to a place where the person lives or a place of safety.

Any constable may withdraw or vary a direction under this section; but a variation must not extend the duration of a direction beyond 48 hours from when it was first given

Restrictions on S35.

A constable may not give a direction under section 35 to a person who appears to the constable to be under the age of 10.
A constable may not give a direction under section 35 that prevents the person to whom it is given having access to a place where the person lives, works, is required to attend by court order or tribunal, is expected to attend for medical treatment education or training.
A constable may not give a direction to a person under section 35 if the person is one of a group of persons who are:

engaged in conduct that is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (peaceful picketing), or taking part in a public procession of the kind mentioned in subsection (1) of section 11 of the Public Order Act 1986 in respect of which written notice has been given in accordance with that section, or

written notice is not required to be given as provided by subsections (1) and (2) of that section.

Surrender of property

A constable who gives a person a direction under section 35 may also direct the person to surrender to the constable any item in the person’s possession or control that the constable reasonably believes has been used or is likely to be used in behaviour that harasses, alarms or distresses members of the public.

A direction under this section must be given in writing, unless that is not reasonably practicable.

A constable who gives a person a direction under this section must (unless it is not reasonably practicable)—

(a) tell the person that failing without reasonable excuse to comply with the direction is an offence, and
(b) give the person information in writing about when and how the person may recover the surrendered item.

The surrendered item must not be returned to the person before the end of the exclusion period.

If after the end of that period the person asks for the item to be returned, it must be returned (unless there is power to retain it under another enactment).

But if it appears to a constable that the person is under the age of 16 and is not accompanied by a parent or other responsible adult, the item may be retained until the person is so accompanied.

If the person has not asked for the return of the item before the end of the period of 28 days beginning with the day on which the direction was given, the item may be destroyed or otherwise disposed of.

Record-keeping

A constable who gives a direction under section 35 must make a record of

the individual to whom the direction is given
the time at which the direction is given, and

A constable who gives a direction under section 37 (surrender of property) must make a record of

the individual to whom the direction is given
the time at which the direction is given, and
the item to which the direction relates.

Offences

A person given a direction under section 35 who fails without reasonable excuse to comply with it commits an offence.

A person guilty of failing to disperse is liable on summary conviction

to imprisonment for a period not exceeding 3 months, or to a fine not exceeding level 4 on the standard scale.

A person given a direction to surrender an item under section 37 who fails without reasonable excuse to comply with it commits an offence punishable by way of a fine.

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