Protest / Public Order Act

Public Order Act: Serious Disruption Prevention Orders

The Public Order Act 2023 introduces ‘Serious Disruption Prevention Orders’ (“SDPOs”). Here, we explain what they are and what they mean for protesters and organisers.

On this page:

What is the existing legal framework?
What is an SDPO?
When can an SDPO be imposed on you?
What restrictions can be imposed by an SDPO?
Your personal information
How long can an SDPO last?
What happens if I breach an SDPO?
Can I challenge an SDPO?

Disclaimer: this article is for general information in England and Wales. 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 5 April 2024. However, additional provisions of the Public Order Act 2023 may be brought into force in the near future. We will monitor these changes and update this (and other) pages accordingly.

**Serious Disruption Prevention Orders, introduced by the Public Order Act 2023 (outlined below), came into force on 5 April 2024.**

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 law?

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.

Serious Disruption Prevention Orders

What is an SDPO?

Part 2 of the Public Order Act 2023 gives courts the power to impose requirements or prohibitions on individuals in relation to protests. These are called ‘Serious Disruption Prevention Orders’ (“SDPOs”).

SDPOs can require you do anything, or prohibit you from doing anything, described in the order.

When can an SDPO be imposed?

A court may impose an SDPO on you, after the police apply for one, if:

  • you are 18 or over;
  • on at least 2 occasions in the last 5 years, you have been convicted of a protest-related offence or found in contempt of court for breaching a protest injunction in relation to a different protest; and
  • the court thinks an SDPO is necessary to:
    • prevent you committing a protest-related offence / breaching a protest injunction / carrying out protest-related activities that cause, or are likely to cause, ‘serious disruption’ to two or more individuals or an organisation;
    • prevent you from helping someone else commit a protest-related offence / breach a protest injunction / carry out protest-related activities that cause, or are likely to cause, ‘serious disruption’ to two or more individuals or an organisation; or
    • protect 2 or more people or an organisation from the risk of ‘serious disruption’.

A court may impose an SDPO, where you are convicted and the prosecution applies for one, if:

  • you are 18 or over;
  • the court is satisfied that, more likely than not, you have been convicted of a protest-related offence;
  • the court is satisfied that, more likely than not, you have been convicted of another protest-related offence or found in contempt of court for breaching a protest injunction in relation to a different protest in the last five years; and
  • the court thinks an SDPO is necessary to:
    • prevent you committing a protest-related offence / breaching a protest injunction / carrying out protest-related activities that cause, or are likely to cause, ‘serious disruption’ to two or more individuals or an organisation;
    • prevent you from helping someone else commit a protest-related offence / breach a protest injunction / carry out protest-related activities that cause, or are likely to cause, ‘serious disruption’ to two or more individuals or an organisation; or
    • protect two or more people or an organisation from the risk of ‘serious disruption’.

An SDPO must specify:

  • why it is being imposed; and
  • the penalties for breaching it.

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.

Read more about the new protest offences introduced by the Public Order Act 2023.

What restrictions can be imposed by an SDPO?

SDPOs can impose any requirements and/or prohibitions that the court thinks are necessary for the reasons above (i.e. preventing protest-related offences / breaches of a protest injunction / protest-related activities that cause, or are likely to cause, ‘serious disruption’, or protecting people or an organisation from ‘serious disruption’)

SDPOs may include requirements that you:

  • present yourself to a particular person at a particular place at a particular time; or
  • remain at a place for a particular period.

SDPOs may include prohibitions that ban you from:

  • being in or entering particular places or areas, including at particular times or days;
  • being with particular people;
  • participating in particular activities;
  • having particular items with you; or
  • using the internet to help or encourage people to commit protest offences / breach a protest injunction / carry out protest-related activities that cause, or are likely to cause, ‘serious disruption’ to two or more individuals or an organisation.

These requirements or prohibitions must not, where practicable:

  • conflict with your religious beliefs; or
  • interfere with your normal work/education hours.

An SDPO must specify which individual or organisation is to be responsible for supervising your compliance with its requirements and/or prohibitions.

That individual or organisation must:

  • make any necessary arrangements;
  • promote your compliance; and
  • inform the chief officer of your local police force whether you have complied or failed to comply with the SDPO.

You must keep in touch with that individual or organisation, and inform them of any change of your home address.

Your personal information

You will be required to provide the police with the following information – orally at your local police station – within 3 days of an SDPO taking effect:

  • your name(s);
  • your home address; and
  • any other address where you regularly stay.

If your name and/or address changes, you must notify the police within 3 days of these changes.

How long can an SDPO last?

An SDPO takes effect on the day it is made and must specify how long it will last.

An SDPO can last for between 1 week and 2 years.

If you are on remand, in custody, or on licence when the SDPO is made, it can take effect once you are released or no longer on licence.

If an SDPO is imposed on you and you are already subject to an existing SDPO, that existing SDPO will no longer apply.

The police can apply to the court to vary, renew or discharge the SDPO.

The court can vary an SDPO (extending it or one of its requirements/prohibitions) or renew an SDPO, only if it thinks it is necessary for the reasons above. The court can only renew an SDPO once. The court must clearly explain any variation or renewal of the SDPO to you.

What happens if I breach an SDPO?

It is a criminal offence for you, without reasonable excuse, to:

  • fail to do something required by an SDPO; or
  • do something prohibited by an SDPO.

It is also an offence to provide any information to the police, as part of complying with an SDPO, that is false.

If convicted of these offences, you are punishable with up to six months’ imprisonment, an unlimited fine, or both.

Can I challenge an SDPO?

If an SDPO is imposed when you are convicted of a protest-related offence, you can appeal against the SDPO in the same way that you would appeal your sentence.

If an SDPO is imposed on you after the police apply to the court for one, you can appeal to the Crown Court.

If you meet the conditions (outlined above), the police can apply for an SDPO at any time, even if you are not involved in any ongoing protest-related criminal proceedings. This means the police could target particular people based on their offending history.

Further Information

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

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