Protest / Public Order Act

Public Order Act: New Protest Offences & ‘Serious Disruption’

As the Government’s Public Order Act 2023 comes into force, we explain the new protest offences and new definition of ‘serious disruption’, and what they mean for protesters and organisers.

On this page:

What is the aim of the Public Order Act?
What is the existing legal framework?
New protest offences
Locking-on
Being equipped for locking-on
Causing 'serious disruption' by tunnelling or being present in a tunnel
Being equipped for tunnelling
Obstructing major transport works
Interfering with key national infrastructure
What is 'serious disruption'?
Further information

Disclaimer: this article is for general information. It’s not intended to be used as legal advice. For information on how to get legal advice, please see our page here or find contact details of law firms with protest law expertise on our bust cards.

The information on this page was correct as of 2 November 2023. Some of the offences outlined below (and the definition of ‘serious disruption’) came into force on 3 May 2023, while the remaining offences came into force on 2 July 2023.

The Public Order Act introduces measures that significantly increase the police’s power to respond to protests and put restrictions in place for those taking part in them.

The Government first tried to introduce many of these measures in the Police, Crime, Sentencing and Courts (“Policing”) Act 2022, but was unsuccessful. The Public Order Act reintroduces them.

What is the aim of the Public Order Act?

The Public Order Act aims to increase the police’s ability to restrict and criminalise protest activity by introducing a range of new powers which allow, among other things, for:

  • new and expanded use of stop and search;
  • orders that ban people from participating in protests and control their movement/activity/associations;
  • new offences that criminalise certain kinds of protests altogether.

The Government has explicitly referred to Extinction Rebellion, Just Stop Oil, and Insulate Britain protests as justification for its introduction.

What is the existing legal framework?

The Public Order Act 2023 builds on the existing legal framework governing the policing of protests. This is mainly contained in the Public Order Act 1986, which remains in force. Further changes to this framework were introduced by the Policing Act 2022. You can read more about these changes in our overview.

This page will focus on the changes introduced by the Public Order Act 2023.

New Protest Offences

The Public Order Act 2023 introduces the following new criminal offences:

  • locking-on & being equipped for locking-on – currently in force
  • causing serious disruption by tunnelling / being present in a tunnel & being equipped for tunnelling – currently in force
  • obstructing major transport works – currently in force
  • interfering with key national infrastructure – currently in force

Locking-on

‘Locking-on’ is when protesters attach themselves to other people, objects, or buildings. It is a tactic used throughout history, but the Public Order Act 2023 now makes it a criminal offence. You will be committing this offence when you:

  • attach yourself to another person, an object or land;
  • attach a person to another person, an object, or land;
  • attach an object to another object or to land; and
  • your activities cause or can cause ‘serious disruption‘ to two or more people or to an organisation in a public place.

To commit this offence, you must have intended your acts to cause serious disruption, or you were reckless as to whether your acts would cause serious disruption.

‘Reckless’ usually means that, in the eyes of the law, you were taking unjustified risks.

If convicted, you are punishable with up to six months’ imprisonment, a fine, or both.

There is a defence of ‘reasonable excuse’ for this offence.

The first arrests for this offence (reported by Netpol) was of a group of Palestine Action protesters on 1 November 2023, after they chained themselves together at the entrance to Israeli arms company Elbit’s HQ.

Being equipped for locking-on

This offence criminalises those who are ‘equipped for locking on’. You will be committing this offence if you are:

  • carrying an object in public; and
  • intending to use the object ‘in the course of or in connection with’ yourself or any other person committing the offence of locking on.

If convicted, you are punishable with an unlimited fine.

Causing ‘serious disruption’ by tunnelling or being present in a tunnel

These offences criminalise the act of tunnelling, where you:

  • create a tunnel, participate in creating a tunnel, or are present in a tunnel; and
  • cause or are capable of causing ‘serious disruption’ to two or more people or to an organisation in a place other than a dwelling; and
  • intend or are reckless as to whether creating or being in a tunnel will cause or be capable of causing ‘serious disruption‘.

If convicted in a magistrates’ court, these offences are punishable with imprisonment for up to the general limit in a magistrates’ court, a fine, or both. If convicted in a crown court, the maximum penalty is three years’ imprisonment, a fine, or both.

There is a defence of ‘reasonable excuse’ for this offence. For example, if your presence in the tunnel or creation of the tunnel was authorised by a person who had an interest in the land.

Being equipped for tunnelling

You will be committing this offence if you:

  • have an object with you in a place other than a dwelling; and
  • intend to use it for, or in connection with, the above tunnelling offences.

If convicted, you are punishable with up to six months, a fine, or both.

The above offences will limit how protesters choose to protest – criminalising those who participate in direct action. The offences are also so broadly framed that they are readily open to misuse (demonstrated by the recent arrests of Republic protesters during King Charles III’s coronation). They also present significant risks to protesters in relation to what they can safely carry with them (as a wide range of objects could potentially be considered ‘locking-on’ equipment).

Obstructing major transport works

This offence criminalises behaviour that obstructs or interferes with the construction or maintenance of transport works, such as HS2. You will be committing this offence if you:

  • obstruct individuals (like construction workers) from constructing or maintaining any major transport works; or
  • interfere with, move, or remove apparatus relating to constructing or maintaining major transport works.

If convicted, you are punishable with up to six months’ imprisonment, a fine, or both.

There is a defence of ‘reasonable excuse’ for this offence.

Interfering with key national infrastructure

This offence criminalises behaviour which prevents ‘to any extent’ or ‘significantly’ delays the operation of key infrastructure (including roads, railways, airports, harbours, oil & gas or electricity generation infrastructure or newspaper printing) in England and Wales. There is a list of key national infrastructure specified in the Act, which can be added to by the Secretary of State.

You will be committing this offence if you:

  • take action that interferes with the use or operation of key national infrastructure; and
  • intend or are reckless as to whether your actions will interfere with the use or operation of key national infrastructure.

If convicted in a magistrates’ court, you are punishable with imprisonment for up to the general limit in a magistrates’ court (six months), a fine, or both. If convicted in a crown court, you are punishable with up to 12 months’ imprisonment, a fine, or both.

There is a defence of ‘reasonable excuse’ for this offence.

This offence has been used to arrest Just Stop Oil protesters on 1 November 2023 and charge them on 2 November 2023.

The offences relating to interfering with national infrastructure and obstructing major transport works will particularly impact the right to participate in industrial and direct action. It will also affect people protesting at power stations and similar locations, such as environmental activists.

What is ‘serious disruption’?

The definition of ‘serious disruption’ in the Public Order Act 2023 includes situations in which individuals or organisations are:

  • by physical obstruction, prevented or hindered (to more than a minor degree) from doing:
    • day-to-day activities (including journeys); or
    • construction or maintenance works or related activities
  • prevented or delayed (to more than a minor degree) from making or receiving a delivery of a time-sensitive product; or
  • prevented or disrupted (to more than a minor degree) from accessing essential goods or services.

A product whose value or use is reduced significantly because of a delay in supply to consumers.

Includes access to:

  • money, food, water, energy or fuel supplies;
  • communication systems;
  • places of worship;
  • transport facilities;
  • educational institutions; or
  • health services.

The definition of ‘serious disruption’ in the Public Order Act 2023 requires a much lower level of disruption compared to previous legislation. This means protesters are more likely to be committing an offence and at risk of arrest when participating in protests.

Further information

More information on your protest rights is available on our Advice and Information Hub, including the following pages:

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