Police, Crime, Sentencing and Courts Bill (HL Bill 72)

Part 3 continued    

57 Imposing conditions on public assemblies

(1)Section 14 of the Public Order Act 1986 (imposing conditions on public
assemblies) is amended as follows.

(2)In subsection (1)—

(a)5for “If” substitute “Subsection (1A) applies if”,

(b)for the “or” at the end of paragraph (a) substitute—

“(aa)in the case of an assembly in England and Wales, the
noise generated by persons taking part in the assembly
may result in serious disruption to the activities of an
10organisation which are carried on in the vicinity of the
assembly,

(ab)in the case of an assembly in England and Wales—

(i)the noise generated by persons taking part in the
assembly may have a relevant impact on persons
15in the vicinity of the assembly, and

(ii)that impact may be significant, or”, and

(c)omit the words after paragraph (b).

(3)After subsection (1) insert—

“(1A)The senior police officer may give directions imposing on the persons
20organising or taking part in the assembly—

(a)in the case of an assembly in England and Wales, such
conditions as appear to the officer necessary to prevent the
disorder, damage, disruption, impact or intimidation
mentioned in subsection (1);

(b)25in the case of an assembly in Scotland, such conditions as to the
place at which the assembly may be (or continue to be) held, its
maximum duration, or the maximum number of persons who
may constitute it, as appear to the officer necessary to prevent
the disorder, damage, disruption or intimidation mentioned in
30subsection (1)(a) or (b).”

(4)In subsection (2), for “subsection (1)” substitute “this section”.

(5)After subsection (2) insert—

“(2A)For the purposes of subsection (1)(ab)(i), the noise generated by
persons taking part in an assembly may have a relevant impact on
35persons in the vicinity of the assembly if—

(a)it may result in the intimidation or harassment of persons of
reasonable firmness with the characteristics of persons likely to
be in the vicinity, or

(b)it may cause such persons to suffer serious unease, alarm or
40distress.

(2B)In considering for the purposes of subsection (1)(ab)(ii) whether the
noise generated by persons taking part in an assembly may have a
significant impact on persons in the vicinity of the assembly, the senior
police officer must have regard to—

(a)45the likely number of persons of the kind mentioned in
paragraph (a) of subsection (2A) who may experience an impact
of the kind mentioned in paragraph (a) or (b) that subsection,

(b)the likely duration of that impact on such persons, and

(c)the likely intensity of that impact on such persons.”

(6)After subsection (10A) (as inserted by section 57(11)) insert—

“(11)The Secretary of State may by regulations make provision about the
meaning for the purposes of this section of—

(a)5serious disruption to the activities of an organisation which are
carried on in the vicinity of a public assembly, or

(b)serious disruption to the life of the community.

(12)Regulations under subsection (11) may, in particular—

(a)define any aspect of an expression mentioned in subsection (11)
10(a) or (b) for the purposes of this section;

(b)give examples of cases in which a public assembly is or is not to
be treated as resulting in—

(i)serious disruption to the activities of an organisation
which are carried on in the vicinity of the assembly, or

(ii)15serious disruption to the life of the community.

(13)Regulations under subsection (11)—

(a)are to be made by statutory instrument;

(b)may apply only in relation to public assemblies in England and
Wales;

(c)20may make incidental, supplementary, consequential,
transitional, transitory or saving provision.

(14)A statutory instrument containing regulations under subsection (11)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

58 25Offences under sections 12 and 14 of the Public Order Act 1986

(1)The Public Order Act 1986 is amended as follows.

(2)Section 12 (imposing conditions on public processions) is amended in
accordance with subsections (3) to (6).

(3)In subsection (4)—

(a)30for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(4)In subsection (5)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(5)35After subsection (5) insert—

“(5A)A person is guilty of an offence under subsection (4) or (5) only if—

(a)in the case of a public procession in England and Wales, at the
time the person fails to comply with the condition the person
knows or ought to know that the condition has been imposed;

(b)40in the case of a public procession in Scotland, the person
knowingly fails to comply with the condition.”

(6)For subsections (8) to (10) substitute—

“(8)A person guilty of an offence under subsection (4) is liable on summary
conviction—

(a)in the case of a public procession in England and Wales, to
5imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 4 on the standard scale or both;

(b)in the case of a public procession in Scotland, to imprisonment
for a term not exceeding 3 months or a fine not exceeding level
4 on the standard scale or both.

(9)10A person guilty of an offence under subsection (5) is liable on summary
conviction—

(a)in the case of a public procession in England and Wales, to a fine
not exceeding level 4 on the standard scale;

(b)in the case of a public procession in Scotland, to a fine not
15exceeding level 3 on the standard scale.

(10)A person guilty of an offence under subsection (6) is liable on summary
conviction—

(a)in the case of a public procession in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
20exceeding level 4 on the standard scale or both;

(b)in the case of a public procession in Scotland, to imprisonment
for a term not exceeding 3 months or a fine not exceeding level
4 on the standard scale or both.

(10A)In relation to an offence committed before the coming into force of
25section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales), the references in
subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references
to 6 months.”

(7)Section 14 (imposing conditions on public assemblies) is amended in
30accordance with subsections (8) to (11).

(8)In subsection (4)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(9)In subsection (5)—

(a)35for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(10)After subsection (5) insert—

“(5A)A person is guilty of an offence under subsection (4) or (5) only if—

(a)in the case of a public assembly in England and Wales, at the
40time the person fails to comply with the condition the person
knows or ought to know that the condition has been imposed;

(b)in the case of a public assembly in Scotland, the person
knowingly fails to comply with the condition.”

(11)For subsections (8) to (10) substitute—

“(8)45A person guilty of an offence under subsection (4) is liable on summary
conviction—

(a)in the case of a public assembly in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 4 on the standard scale or both;

(b)in the case of a public assembly in Scotland, to imprisonment for
5a term not exceeding 3 months or a fine not exceeding level 4 on
the standard scale or both.

(9)A person guilty of an offence under subsection (5) is liable on summary
conviction—

(a)in the case of a public assembly in England and Wales, to a fine
10not exceeding level 4 on the standard scale;

(b)in the case of a public assembly in Scotland, to a fine not
exceeding level 3 on the standard scale.

(10)A person guilty of an offence under subsection (6) is liable on summary
conviction—

(a)15in the case of a public assembly in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 4 on the standard scale or both;

(b)in the case of a public assembly in Scotland, to imprisonment for
a term not exceeding 3 months or a fine not exceeding level 4 on
20the standard scale or both.

(10A)In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales), the references in
subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references
25to 6 months.”

(12)Subsections (6) and (11) apply only in relation to offences committed on or after
the day on which this section comes into force.

Palace of Westminster, Parliament Square etc

59 Obstruction of vehicular access to Parliament

(1)30Part 3 of the Police Reform and Social Responsibility Act 2011 (Parliament
Square etc) is amended as follows.

(2)In section 142A (other controlled areas in vicinity of the Palace of
Westminster)—

(a)in subsection (1)—

(i)35in paragraph (a), after sub-paragraph (i) insert—

“(ia)Canon Row,

(ib)Parliament Street,

(ic)Derby Gate,

(id)Parliament Square,”, and

(ii)40after paragraph (a) insert—

“(aa)so much of the highway in the postal district
SW1 known as Victoria Embankment as lies
between the highway in that district known as
Bridge Street and the highway in that district
45known as Richmond Terrace,”, and

(b)after subsection (1) insert—

“(1A)A reference to a highway in subsection (1)(a) or (aa) includes
any land immediately adjoining that highway and to which the
public have or are permitted access.”

(3)5In section 143 (prohibited activities in controlled area of Parliament Square or
in Palace of Westminster controlled area)—

(a)in subsection (2), after paragraph (e) insert—

“(f)obstructing, by the use of any item or otherwise, the
passage of a vehicle of any description into or out of an
10entrance into or exit from the Parliamentary Estate,
where that entrance or exit is within, or adjoins, the
Palace of Westminster controlled area.”,”

(b)in subsection (3)(b) for “relevant authority” substitute “relevant
person”,

(c)15after subsection (4) insert—

“(4A)In subsection (2)(f) the reference to obstructing the passage of a
vehicle includes making the passage of a vehicle more
difficult.”, ”

(d)in subsection (5)—

(i)20in the words before paragraph (a), for ““relevant authority””
substitute ““relevant person””,

(ii)omit “or” at the end of paragraph (b), and

(iii)after paragraph (c) insert—

“(d)a relevant member of the House of Lords staff, or

(e)25a relevant member of the House of Commons staff”, and

(e)after subsection (5) insert—

“(5A)In subsection (5)—

• “relevant member of the House of Lords staff” has the
  meaning given by section 194(6) of the Employment
  30Rights Act 1996;

• “relevant member of the House of Commons staff” has the
  meaning given by section 195(5) of that Act.”

(4)Subsection (2) does not affect—

(a)any direction given under section 143(1) of the Police Reform and Social
35Responsibility Act 2011 before the day on which this section came into
force,

(b)any order made under section 146(1)(b) of that Act before that day, or

(c)any authorisation given under section 147 of that Act before that day.

(5)Any such direction, order or authorisation applies in relation to the Palace of
40Westminster controlled area as defined by section 142A(1) of that Act as it had
effect immediately before that day.

60 Power to specify other areas as controlled areas

After section 149 of the Police Reform and Social Responsibility Act 2011

insert—

“149A  Power to specify other areas as controlled areas

(1)The Secretary of State may by regulations provide for any provision of
sections 143 to 148 and 149(3) to apply, with or without modifications,
5in relation to an area specified in the regulations.

(2)An area may be specified in regulations under subsection (1) by
description, by reference to a map or plan or in any other way.

(3)Regulations under subsection (1) may be made only if—

(a)either House of Parliament is, or is proposed to be, located
10somewhere other than the Palace of Westminster as a result of
the Parliamentary building works or for any other reason, and

(b)as a result of that relocation, or proposed relocation, the
Secretary of State considers that it is reasonably necessary for
activities which are prohibited in relation to the controlled area
15of Parliament Square or the Palace of Westminster controlled
area to be prohibited in relation to the area specified in the
regulations.

(4)In subsection (3)(a) “the Parliamentary building works” has the
meaning given by section 1(1) of the Parliamentary Buildings
20(Restoration and Renewal) Act 2019.

(5)The Secretary of State may by regulations make provision for any other
enactment, or any instrument made under an enactment, to have effect
with modifications in consequence of regulations under subsection
(1).”

25Public nuisance

61 Intentionally or recklessly causing public nuisance

(1)A person commits an offence if—

(a)the person—

(i)does an act, or

(ii)30omits to do an act that they are required to do by any enactment
or rule of law,

(b)the person’s act or omission—

(i)causes serious harm to the public or a section of the public, or

(ii)obstructs the public or a section of the public in the exercise or
35enjoyment of a right that may be exercised or enjoyed by the
public at large, and

(c)the person intends that their act or omission will have a consequence
mentioned in paragraph (b) or is reckless as to whether it will have such
a consequence.

(2)40For the purposes of subsection (1) an act or omission causes serious harm to a
person if, as a result, the person—

(a)suffers death, personal injury or disease,

(b)suffers loss of, or damage to, property,

(c)suffers serious distress, serious annoyance, serious inconvenience or
45serious loss of amenity, or

(d)is put at risk of suffering anything mentioned in paragraphs (a) to (c).

(3)It is a defence for a person charged with an offence under subsection (1) to
prove that they had a reasonable excuse for the act or omission mentioned in
paragraph (a) of that subsection.

(4)5A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding
10 years, to a fine or to both.

(5)10In relation to an offence committed before the coming into force of paragraph
24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court
power to impose imprisonment) the reference in subsection (4)(a) to 12 months
is to be read as a reference to 6 months.

(6)The common law offence of public nuisance is abolished.

(7)15Subsections (1) to (6) do not apply in relation to—

(a)any act or omission which occurred before the coming into force of
those subsections, or

(b)any act or omission which began before the coming into force of those
subsections and continues after their coming into force.

(8)20This section does not affect—

(a)the liability of any person for an offence other than the common law
offence of public nuisance,

(b)the civil liability of any person for any act or omission within
subsection (1), or

(c)25the ability to take any action under any enactment against a person for
any such act or omission.

(9)In this section “enactment” includes an enactment comprised in subordinate
legislation within the meaning of the Interpretation Act 1978.

One-person protests

62 30Imposing conditions on one-person protests

After section 14 of the Public Order Act 1986 insert—

“14ZA  Imposing conditions on one-person protests

(1)Subsection (2) applies if the senior police officer, having regard to the
time or place at which and the circumstances in which any one-person
35protest in England and Wales is being carried on or is intended to be
carried on, reasonably believes—

(a)that the noise generated by the person carrying on the protest
may result in serious disruption to the activities of an
organisation which are carried on in the vicinity of the protest,
40or

(b)that—

(i)the noise generated by the person carrying on the
protest may have a relevant impact on persons in the
vicinity of the protest, and

(ii)that impact may be significant.

(2)The senior police officer may give directions imposing on the person
organising or carrying on the protest such conditions as appear to the
officer necessary to prevent such disruption or impact.

(3)5Where the one-person protest is moving, or is intended to move, from
place to place—

(a)the senior police officer must also have regard under subsection
(1) to its route or proposed route, and

(b)the conditions which may be imposed under subsection (2)
10include conditions as to the route of the protest or prohibiting
the person carrying on the protest from entering any public
place specified in the direction while the person is carrying it
on.

(4)In this section “one-person protest” means a protest which, at any one
15time, is carried on by one person in a public place.

(5)In this section “the senior police officer” means—

(a)in relation to a one-person protest being held or to a one-person
protest intended to be held in a case where a person is in a place
with a view to carrying on such a protest, the most senior in
20rank of the police officers present at the scene, and

(b)in relation to a one-person protest intended to be held in a case
where paragraph (a) does not apply, the chief officer of police.

(6)For the purposes of subsection (1)(b)(i), the noise generated by a person
carrying on a one-person protest may have a relevant impact on
25persons in the vicinity of the protest if—

(a)it may result in the intimidation or harassment of persons of
reasonable firmness with the characteristics of persons likely to
be in the vicinity, or

(b)it may cause such persons to suffer serious unease, alarm or
30distress.

(7)In considering for the purposes of subsection (1)(b)(ii) whether the
noise generated by a person carrying on a one-person protest may have
a significant impact on persons in the vicinity of the protest, the senior
police officer must have regard to—

(a)35the likely number of persons of the kind mentioned in
paragraph (a) of subsection (6) who may experience an impact
of the kind mentioned in paragraph (a) or (b) of that subsection,

(b)the likely duration of that impact on such persons, and

(c)the likely intensity of that impact on such persons.

(8)40A direction given by a chief officer of police by virtue of subsection
(5)(b) must be given in writing.

(9)A person (“P”) is guilty of an offence if—

(a)P organises or carries on a one-person protest,

(b)P fails to comply with a condition imposed under this section,
45and

(c)at the time P fails to comply with the condition, P knows or
ought to know that the condition has been imposed.

(10)It is a defence for a person charged with an offence under subsection (9)
to prove that the failure arose from circumstances beyond the person’s
control.

(11)A person who incites another to commit an offence under subsection (9)
5is guilty of an offence.

(12)A person guilty of an offence under subsection (9) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.

(13)A person guilty of an offence under subsection (11) is liable on
summary conviction to imprisonment for a term not exceeding 51
10weeks or a fine not exceeding level 4 on the standard scale or both.

(14)In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales), the reference in
subsection (13) to 51 weeks is to be read as a reference to 6 months.

(15)15The Secretary of State may by regulations make provision about the
meaning for the purposes of this section of serious disruption to the
activities of an organisation which are carried on in the vicinity of a
one-person protest.

(16)Regulations under subsection (15) may, in particular—

(a)20define any aspect of that expression for the purposes of this
section;

(b)give examples of cases in which a one-person protest is or is not
to be treated as resulting in serious disruption to the activities
of an organisation which are carried on in the vicinity of the
25protest.

(17)Regulations under subsection (15)—

(a)are to be made by statutory instrument;

(b)may make incidental, supplementary, consequential,
transitional, transitory or saving provision.

(18)30A statutory instrument containing regulations under subsection (15)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

Part 4 Unauthorised encampments

63 35Offence relating to residing on land without consent in or with a vehicle

(1)At the beginning of Part 5 of the Criminal Justice and Public Order Act 1994,
before the italic heading before section 61, insert—

“Residing on land without consent in or with a vehicle

60C Offence relating to residing on land without consent in or with a
40vehicle

(1)Subsection (2) applies where—

(a)a person aged 18 or over (“P”) is residing, or intending to reside,
on land without the consent of the occupier of the land,

(b)P has, or intends to have, at least one vehicle with them on the
land,

(c)5one or more of the conditions mentioned in subsection (4) is
satisfied, and

(d)the occupier, a representative of the occupier or a constable
requests P to do either or both of the following—

(i)leave the land;

(ii)10remove from the land property that is in P’s possession
or under P’s control.

(2)P commits an offence if—

(a)P fails to comply with the request as soon as reasonably
practicable, or

(b)15P—

(i)enters (or having left, re-enters) the land within the
prohibited period with the intention of residing there
without the consent of the occupier of the land, and

(ii)has, or intends to have, at least one vehicle with them on
20the land.

(3)The prohibited period is the period of 12 months beginning with the
day on which the request was made.

(4)The conditions are—

(a)in a case where P is residing on the land, significant damage or
25significant disruption has been caused or is likely to be caused
as a result of P’s residence;

(b)in a case where P is not yet residing on the land, it is likely that
significant damage or significant disruption would be caused as
a result of P’s residence if P were to reside on the land;

(c)30that significant damage or significant disruption has been
caused or is likely to be caused as a result of conduct carried on,
or likely to be carried on, by P while P is on the land;

(d)that significant distress has been caused or is likely to be caused
as a result of offensive conduct carried on, or likely to be carried
35on, by P while P is on the land.

(5)A person guilty of an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding three months or a
fine not exceeding level 4 on the standard scale, or both.

(6)In proceedings for an offence under this section it is a defence for the
40accused to show that the accused had a reasonable excuse for—

(a)failing to comply as soon as reasonably practicable with the
request mentioned in subsection (1)(d), or

(b)after receiving such a request, entering (or re-entering) the land
with the intention of residing there without the consent of the
45occupier of the land.

(7)In its application to common land, this section has effect—

(a)in a case where the common land is land to which the public has
access and the occupier cannot be identified, as if references to