Last reviewed: 09/09/2023
Below is a table of laws and offences that may arise as a result of involvement in protest, they cover a whole range of offences that might arise as a result of a protest. The table includes the maximum sentence for those offences as well as whether they can be dealt with in the Magistrates court or the Crown court are also included. Please note:
- The frequently used laws will be different depending on which action you’re taking part in, read them and think about which ones might apply to your site/action.
- You can be arrested for one thing and charged or summonsed to court for something different. You can be charged or summonsed to court for a particular offence and those charges could be changed or added to by the Crown Prosecution service once the case gets to court.
The offences vary in their severity, and the table shows the maximum penalty available to the courts. In reality first time offenders will be dealt with far more leniently than repeat offenders and of course it depends on the circumstances in which the offence was committed. This page and those linked within have been updated to reflect changes made to legislation following the commencement of the Police, Crime, Sentencing and Courts Act 2022.
Summary of offences and maximum penalties for offences that may arise out of a protest. Including increased powers under the PCSC Act 2022 and offences under the POA 2023
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Mode of trial Sentence |
INDICTABLE Maximum 10 years’ imprisonment and/or fine Consent of the DPP is required. |
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Mode of trial Maximum sentence |
EITHER WAY Summary: maximum 6 months’ imprisonment and/or fine Indictment: maximum 5 years’ imprisonment and/or fine |
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Mode of trial Maximum sentence |
EITHER WAY Summary: 6 months’ imprisonment and/or fine Indictment: 3 years’ imprisonment and/or fine |
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Fear or provocation of violence Mode of trial Maximum sentence |
SUMMARY Maximum 6 months’ imprisonment and/or fine |
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Intentional harassment, alarm or distress Mode of trial Maximum sentence |
SUMMARY Maximum 6 months’ imprisonment and/or fine |
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Mode of trial Maximum sentence |
SUMMARY Fine only. Consider a penalty notice for disorder |
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Police, Crime, Sentencing and Courts Act 2022 - s.78 Harassment, alarm or distress From 28 June 2022 Mode of trial Maximum Sentence |
EITHER WAY Summary: 12 months' imprisonment and/or fine Indictment: 10 year's imprisonment and/or fine |
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Crime and Disorder Act 1998 – s.31(1)(a) Racially or religiously aggravated s.4 Public Order Act 1986 (fear or provocation of violence) Mode of trial Maximum sentence |
EITHER WAY Summary: a fine not exceeding the statutory maximum or 6 months' imprisonment Indictment: 2 years' imprisonment |
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Crime and Disorder Act 1998 – s.31(1)(b) Mode of trial Maximum sentence |
EITHER WAY Summary: a fine not exceeding the statutory maximum or 6 months' imprisonment Indictment: 2 years' imprisonment |
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Crime and Disorder Act 1998 s.31(1)(c) Racially or religiously aggravated s.5 Public Order Act 1986 (harassment, alarm or distress) Mode of trial Maximum sentence |
SUMMARY Fine only |
Sub-section 12(4)&(5) POA 1986: Failure to comply with a condition imposed on a public processionMode Of Trial Penalties Possible defences |
These offences are committed where:
See subsections (1) and (2A) to (2E) for the grounds on which the police may impose conditions on a procession. The criteria for serious disruption to the life of the community was amended by the PCSC Act 2022. From 28 June 2022, it includes where the procession 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, including those listed. The criteria were further amended by SI, effective from 15 June 2023, to introduce the “more than minor” threshold (delay / disruption), aligning it with the definition of “serious disruption” in the POA 2023. The SI also made a number of other revisions, including: amending the list of examples which may constitute serious disruption to the life of the community, by adding physical disruption that prevents, or hinders to more than a minor degree, the carrying out of day-to-day activities, such as making a journey; and providing that when considering the serious disruption that may result, the police must take into account disruption that may occur regardless of whether the procession is held, including in particular normal traffic congestion, and may also take into account the cumulative disruption resulting from.other processions or assemblies in the same area. Summary Only Organiser – 6 months’ imprisonment, a level 4 fine, or both Participant – Level 4 fine No defence of reasonable excuse but it is a defence to prove that the failure arose from circumstances beyond the person’s control A conviction depends on the prosecution proving that the police officer had reasonably believed the grounds on which the condition was imposed: see AG's Ref No. 1 of 2022 [2022] EWCA Crim 1259 [47] and James v Director of Public Prosecutions [2015] EWHC 3296 (Admin). |
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Mode Of Trial Possible defences Penalties |
These offences are committed where the person:
See:
From 2 July 2023, the power to impose conditions was extended to the British Transport Police and the Ministry of Defence police, in relation to specified places. Summary Only No defence of reasonable excuse but lit is a defence to prove that the failure arose from circumstances beyond the person’s control.Also note a conviction depends on the prosecution proving that the police officer had reasonably believed the grounds on which the condition was imposed: see AG's Ref No. 1 of 2022 [2022] EWCA Crim 1259 [47] and James v Director of Public Prosecutions [2015] EWHC 3296 (Admin)
Organiser – 6 months’ imprisonment, a level 4 fine, or both Participant – Level 4 fine
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Public Order Act 1986 – s.14ZA (failure to comply with a condition imposed on a one-person protest) Mode of Trial Penalty Defences |
A person commits an offence if they:
The offence came into force from 28 June 2022. From 2 July 2023, the power to impose conditions was extended to the British Transport Police and the Ministry of Defence police, in relation to specified places
Summary only Fine only, level 4 . It is a defence to show that the failure to comply arose from circumstances beyond the person’s control. A conviction depends on the prosecution proving that the police officer had reasonably believed the grounds on which the condition was imposed: see AG's Ref No. 1 of 2022 [2022] EWCA Crim 1259 [47] and James v Director of Public Prosecutions [2015] EWHC 3296 (Admin). |
Section 1 POA 2023 Locking-onMode Of Trial Possible Defences Penalties |
This is committed where a person attaches:
This offence is in force from 3 May 2023 Summary Only Reasonable excuse and ECHR proportionality apply. 6 months’ imprisonment, an unlimited fine, or both
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Section 2 POA 2023 Being equipped to lock-onMode Of Trial Possible Defences Penalties |
Person has an object with them in a place other than a dwelling with the intention that it may be used in the course of or in connection with the commission by any person of an offence under section 1(1) (offence of locking on). Examples of the types of objects that protestors may use to lock-on are glue, bicycle locks, padlocks, handcuffs, chains, bamboo scaffolding, tripods, tubes, pipes and platforms and other rigging for tree sitting. This offence is in force from 3 May 2023 Summary only Reasonable excuse probably doesn’t apply but that statutory defences will. Will also have to be proportionate under ECHR Unlimited fine |
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Criminal Damage Act 1971 – s.1 Destroying or damaging property (value over £5000) Mode of trial Penalties |
EITHER WAY Summary: maximum 6 months’ imprisonment and/or a fine not exceeding the statutory maximum Indictment: maximum 10 years’ imprisonment Where destruction or damage is of a value under £5,000, offence is to be tried summarily: s.22 Magistrates’ Court Act 1980 |
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Crime and Disorder Act 1998 – s.30 Mode of trial Penalties |
EITHER WAY Summary: maximum 6 months’ imprisonment and/or a fine not exceeding the statutory maximum Indictment: maximum 14 years' imprisonment |
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Criminal Damage Act 1971 – s.1(2) Criminal damage intending/reckless to endanger life Mode of trial Penalties |
INDICTABLE Life imprisonment |
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Criminal Damage Act 1971 – s.1(3) Mode of trial Penalties |
EITHER WAY Summary: 6 months’ imprisonment and/or a fine Indictment: Life imprisonment |
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Criminal Damage Act 1971 – s.3 Possessing anything with intent to destroy or damage Mode of trial Penalties |
EITHER WAY Summary: 6 months’ imprisonment and/or fine Indictment: 10 years’ imprisonment |
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Police, Crime, Sentencing and Courts Act 2022 – s.78 Intentionally or recklessly causing public nuisance From 28 June 2022 Mode of trial Penalties |
EITHER WAY Summary: 12 months’ imprisonment and/or fine Indictment: 10 years’ imprisonment and/or fine |
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Public Nuisance – Common Law Abolished by s.78(6) Police, Crime, Sentencing and Courts Act 2022 from 28 June 2022 Mode of trial Penalties |
EITHER WAY Summary: 6 months' imprisonment and/ or fine Indictment: Life imprisonment |
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Serious Organised Crime and Police Act 2005 – s.128 Offence of trespassing on a protected site Mode of trial Penalties |
SUMMARY 6 months’ imprisonment and/or fine not exceeding statutory maximum Attorney General’s consent required |
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Police Reform and Social Responsibility Act 2011 – s.143 Prohibited activities in controlled area of Parliament Square Mode of trial Penalties |
SUMMARY Fine only NB this replaces s.132 Serious Organised Crime and Police Act 2005 which has been repealed |
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Criminal Justice and Public Order Act 1994 – s.68(1) Aggravated trespass/disrupting lawful activity Mode of trial Penalties |
SUMMARY Maximum 3 months’ imprisonment and/or fine |
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Penalty on endeavour to break up a public meeting Mode of trial Penalties |
SUMMARY 1(1) and (2): 6 months’ imprisonment and/or a fine 1(3) fine only |
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Prohibition of uniforms in connection with political objects |
SUMMARY Maximum 3 months’ imprisonment and/or fine |
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EITHER WAY Summary: imprisonment for a term not exceeding 6 months’ and or a fine Indictment: 2 years’ imprisonment and/or a fine Attorney General’s consent is required |
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SUMMARY Fine only Also consider penalty notice for disorder |
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Wilful obstruction of the highway Mode Of Trial Possible defences Penalties |
Wilfully obstructs the free passage along the highway. It does not matter whether free passage along the highway has already been temporarily restricted or temporarily prohibited, whether by a constable, a traffic authority or otherwise. So if the police temporarily close a road to manage a protest, it is still possible to commit the offence during this period. Proof is required that the area upon which the protest has occurred is a highway – see Kotegaonakar v Secretary of State for Environment, Food and Rural Affairs [2012] EWHC 1976 (Admin) (at [14] to [22]). Summary only Lawful excuse and ECHR proportionality test. DPP v Ziegler [2021] UKSC 23 For offences committed before 12 May 2022:Level 3 fine only For offences committed on or after 12 May 2022: 6 months’ imprisonment and/or a fine. |
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Mode Of Trial Penalties |
Either Way Summary: 6 months’ imprisonment and/or a fine Indictment: 7 years’ imprisonment and/or a fine |
Section 6 POA 2023 - Obstruction of major transport worksIn force 2nd July 2023 Mode Of Trial Possible defences Penalties |
This is committed by:
There is no definition of “obstructs” or “interference”. There is no mens rea for the offence. Subsection (6) defines “major transport works”. The definition is in two parts:
Subsection (7), explains what types of development are within subsection (6)(b):
An undertaker is defined in subsection (8) and depends on whether the major transport works are within subsection (6)(a) or (b). Summary only Defences available are: The trade dispute defence is intended to cover trade union protests and strike action. ECHR proportionality test applies too. 6 months’ imprisonment, a fine, or both. |
Section 7 POA 2023 Interference with use or operation of key national infrastructureIn force 3rd May 2023 Mode of Trial Defences Penalties |
It is an offence to:
“Interferes” is defined in subsections (4) and (5): if it prevents the infrastructure from being used or operated to any extent for any of its intended purposes, which include where its use or operation is significantly delayed. Subsection (6) lists the key national infrastructure in scope of the offence, namely: road transport infrastructure; rail infrastructure; air transport infrastructure; harbour infrastructure; downstream oil infrastructure; downstream gas infrastructure; onshore oil and gas exploration and production infrastructure; onshore electricity generation infrastructure; and newspaper printing infrastructure. Section 8 defines these terms. For instance, “road transport infrastructure” includes: (a) “a special road”, which includes all motorways, and (b) all A and B roads. Either way Reasonable excuse. ECHR proportionality applies. 12 months imprisonment, a fine or both. |
Section 3 POA 2023: Causing serious disruption by tunnelling – Either wayThis offence is in force from 2 July 2023.Mode Of Trial Possible Defences Maximum Sentence |
This is committed where a person creates or participates in the creation of a tunnel. The act must cause, or be capable of causing, serious disruption to 2 or more individuals or an organisation, in a place other than a dwelling: see the section on “serious disruption” for the definition. The serious disruption element includes the mens rea of intent / recklessness. “Tunnel” is defined at subsections (5) to (7), which excludes a tunnel in or under a dwelling. Either way
3 years' imprisonment, an unlimited fine, or both
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Section 68 CJPOA 1994 Aggravated trespassMode of Trial Defences Penalty |
This is committed where a person trespasses on land and it relates to any lawful activity which persons are engaging in or are about to engage in, on that or adjoining land, which is intended by them to have the effect of:
“Land” does not include a highway: evidence will be required to disprove any assertion that the road upon which the defendant protested was a highway. Summary only No defence of reasonable excuse as there is no mens rea for trespass. 3 months imprisonment , fine level 4 |
Section 5 POA 2023: Being equipped for tunnellingThis offence is in force from 2 July 2023.Mode Of trial Maximum penalty |
This is committed by having an object in a place other than a dwelling with the intention that it may be used in the course of or in connection with the commission by any person of a tunnelling offence under ss3 or 4.
Although there is no requirement to prove that a s3 or s4 offence has occurred, proof of intention will be required in relation to all of the elements of one of these offences, including “serious disruption” and absence of reasonable excuse.
Examples of the types of objects that may apply are: pick-axes, drills, jackhammers, wheel barrows, augers, and equipment to conceal tunnelling activity, shore up a tunnel, or illuminate / ventilate a tunnel. Summary only
6 month's imprisonment, a fine, or both
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Assaults on Emergency Workers (Offences) Act 2018 – s.1 Mode of Trial Maximum sentence |
EITHER WAY Summary: 6 months’ imprisonment and/or a fine Indictment: 12 months’ imprisonment and/or a fine |
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Resisting / wilfully obstructing Mode of Trial Maximum sentence |
SUMMARY Maximum 1 month's imprisonment and/or a fine |
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Anti-social Behaviour, Crime and Policing Act 2014 – s.39 Mode of trial Maximum sentence |
SUMMARY Maximum 3 months' imprisonment and/or a fine |
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Anti-social Behaviour, Crime and Policing Act 2014 – s.39 Mode of trial Penalties |
SUMMARY Fine only |
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Anti-social Behaviour, Crime and Policing Act 2014 – s.67 Failing without reasonable excuse to comply with a public spaces protection order Mode of trial Penalties |
SUMMARY Fine only, level 3 |
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Mode of trial Penalties |
SUMMARY 6 months’ imprisonment and/or a fine Attorney General’s consent is required |
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Mode of trial Penalties |
SUMMARY 6 months’ imprisonment and/or a fine |
NB: This is not an exhaustive list and only takes into account protest related law. There are other charges that are brought against protestors that are rare, hard to predict and can have lengthier trials, heavier sentences and higher costs. Examples would be charges in other areas of the law such as terrorism or aviation, byelaws, or civil claims. If you have specific questions about future planned actions, please email hypothetical questions to xr-legal@riseup.net two weeks prior to action day. The reason we ask for them to be hypothetical is to reduce the chance that people answering them could be considered complicit.
Contains public sector information licenced under the Open Government Licence v3.0