Key Facts

• In 2021, approximately 170 Insulate Britain protesters were arrested about 980 times for obstructing motorways.
• Each protester was arrested on average nearly six times over the period.
• Clause 12 enables courts to impose SDPOs on individuals with a previous conviction for protest-related offences and who have participated in another protest within five years.
• Anti-lockdown protesters were fined and banned from attending near Parliament and in Whitehall for 18 months.
• This ban was imposed as part of their punishment for harassing a journalist outside Downing Street.
• The police may make applications to the magistrates' court for an SDPO.
• The conditions for making an SDPO on application are the same as those made on conviction.
• Chief constables will be responsible for applying for SDPOs.
• Clause 13 creates serious disruption prevention orders (SDPOs) for individuals who have not been convicted of a crime.
• SDPO can be imposed if an individual has contributed to activities related to protests that result in serious disruption on two occasions.
• Senior police officers and human rights organisations like Liberty and Amnesty International express concerns about the unworkability and ethical issues of SDPOs.
• The clause aims to provide police with tools to deal with persistent offenders or those assisting in offending actions leading to serious disruption.
• Some protesters have been arrested six times without responding to charges, indicating the need for new measures.
• The Minister dismisses concerns about judicial complexity and public confidence issues.
• Clause 14 provides non-exhaustive list of prohibitions and requirements in SDPOs.
• The court must ensure that prohibitions and requirements do not prevent religious beliefs or access to work and education.
• Clause 15 details supervision responsibilities for compliance with SDPO requirements.
• Clause 16 allows courts to use electronic monitoring as a requirement for SDPO, lasting up to 12 months.
• Individuals subject to an SDPO must notify their local police, in person, within three days of receiving the order.
• If any information changes, individuals must notify the police within three days of the change.
• Subsection (3) requires notification about any other premises at which the individual regularly resides or stays.
• Subsection (4) specifies that if an individual decides to live for a period of one month or more elsewhere, they should provide notification.
• Clause 18 sets the duration of an SDPO from one week to two years.
• For electronic monitoring requirements under an SDPO, a maximum period of 12 months is allowed.
• Under clause 20, fines for breaching an SDPO are currently unlimited and proposed to remain so as per judicial discretion.
• Clause 20 establishes offences for failing to comply with SDPO requirements.
• Individuals can face a summary conviction penalty of up to 6 months’ imprisonment or an unlimited fine.
• The maximum term of imprisonment increases to 51 weeks if section 281(5) of the Criminal Justice Act 2003 comes into force.
• Clause 21 enables individuals subject to SDPOs or relevant police officers to apply for variation, renewal, or discharge of an SDPO.
• When deciding on variations or renewals, courts must hear from both sides and consider whether the order will prevent protest-related offences or serious disruption.
• Any changes to an SDPO are subject to the same duration limits as the original order—minimum one week, maximum two years—with electronic monitoring limited to 12 months.
• Clause 22 provides routes of appeal against SDPOs.
• The Home Secretary may issue non-binding guidance under clause 23.
• Parliament has a 40-day period to adopt resolutions against guidance issued under clause 24.
• New clause 4 closes a gap in existing powers by extending certain powers of part 2 of the Public Order Act 1986 to British Transport Police and Ministry of Defence Police.
• The amendment ensures that these provisions come into force two months after Royal Assent.
• The new clause includes limitations such as requiring senior officers to exercise the powers and ensuring they reasonably believe an assembly may result in serious disorder.
• Amendment 28 is consequential on amendment 27.
• Chief Constable Noble reported that Staffordshire Police has limited gold standard officers (two or three) with a dozen at bronze level.
• Training for basic officer roles takes a few days each year, command officer training lasts a week, and specialist roles require two to three weeks of training.
• Over 3,000 officers across England and Wales will need training in new laws.
• Training these officers could lead to a loss of about 125 days of frontline policing.
• Nearly 47,000 incidents of knife crime were reported in England and Wales in 2021.
• The UK has 142,000 police officers currently.
• The peak in 2010 was 144,000 with plans for recruitment that will put numbers above previous levels.
• Police officers were drafted from Scotland to assist in the policing of protests.
• The Public Order Act 1986 is being amended.
• Subsections (2ZA) and (2ZB) include references to the British Transport Police Force and Ministry of Defence Police.
• Sections 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 are mentioned as relevant locations for these amendments.
• Section 2(2) of the Ministry of Defence Police Act 1987 is also included in the amendment.
• The new clauses cover creation of tunnels causing serious disruption.
• Offences include presence in a tunnel after the clause's implementation if it causes serious disruption.
• Equipment for tunnelling is also made an offence if intended to facilitate criminal activity.
• The new tunnelling offence aims to protect the public from serious disruption caused by protesters.
• New clause 7 will make it illegal to go equipped for tunnelling, punishable by six months’ imprisonment or an unlimited fine.
• Amendments 25 and 26 allow preventive action against those intending to tunnel.
• NPCC lead Chris Noble stated that specific offences around tunnelling do not add value beyond current powers.