SOCPA RIP... or is it?

Last week the Police Reform and Social Responsibility Act 2011 received Royal Assent.

Amongst other things, s. 141 of the Act repeals s. 132-8 Serious Organised Crime and Police Act 2005, the "Parliament Protest" ones.

These sections stated the following:

Demonstrations in vicinity of Parliament

132 Demonstrating without authorisation in designated area

(1) Any person who—

(a) organises a demonstration in a public place in the designated area, or

(b) takes part in a demonstration in a public place in the designated area, or

(c) carries on a demonstration by himself in a public place in the designated area,

is guilty of an offence if, when the demonstration starts, authorisation for the demonstration has not been given under section 134(2).

(2) It is a defence for a person accused of an offence under subsection (1) to show that he reasonably believed that authorisation had been given.

(3) Subsection (1) does not apply if the demonstration is—

(a) a public procession of which notice is required to be given under subsection (1) of 11 of the Public Order Act 1986 (c. 64), or of which (by virtue of subsection (2) of that section) notice is not required to be given, or

(b) a public procession for the purposes of section 12 or 13 of that Act.

(4) Subsection (1) also does not apply in relation to any conduct which is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).

(5) If subsection (1) does not apply by virtue of subsection (3) or (4), nothing in sections 133 to 136 applies either.

(6) Section 14 of the Public Order Act 1986 (imposition of conditions on public assemblies) does not apply in relation to a public assembly which is also a demonstration in a public place in the designated area.

(7) In this section and in sections 133 to 136—

(a) “the designated area” means the area specified in an order under section 138,

(b) “public place” means any highway or any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission,

(c) references to any person organising a demonstration include a person participating in its organisation,

(d) references to any person organising a demonstration do not include a person carrying on a demonstration by himself,

(e) references to any person or persons taking part in a demonstration (except in subsection (1) of this section) include a person carrying on a demonstration by himself.

133 Notice of demonstrations in designated area

(1) A person seeking authorisation for a demonstration in the designated area must give written notice to that effect to the Commissioner of Police of the Metropolis (referred to in this section and section 134 as “the Commissioner”).

(2) The notice must be given—

(a) if reasonably practicable, not less than 6 clear days before the day on which the demonstration is to start, or

(b) if that is not reasonably practicable, then as soon as it is, and in any event not less than 24 hours before the time the demonstration is to start.

(3) The notice must be given—

(a) if the demonstration is to be carried on by more than one person, by any of the persons organising it,

(b) if it is to be carried on by a person by himself, by that person.

(4)The notice must state—

(a) the date and time when the demonstration is to start,

(b) the place where it is to be carried on,

(c) how long it is to last,

(d) whether it is to be carried on by a person by himself or not,

(e) the name and address of the person giving the notice.

(5) A notice under this section must be given by—

(a) delivering it to a police station in the metropolitan police district, or

(b) sending it by post by recorded delivery to such a police station.

(6) Section 7 of the Interpretation Act 1978 (c. 30) (under which service of a document is deemed to have been effected at the time it would be delivered in the ordinary course of post) does not apply to a notice under this section.

134 Authorisation of demonstrations in designated area

(1) This section applies if a notice complying with the requirements of section 133 is received at a police station in the metropolitan police district by the time specified in section 133(2).

(2) The Commissioner must give authorisation for the demonstration to which the notice relates.

(3) In giving authorisation, the Commissioner may impose on the persons organising or taking part in the demonstration such conditions specified in the authorisation and relating to the demonstration as in the Commissioner's reasonable opinion are necessary for the purpose of preventing any of the following—

(a) hindrance to any person wishing to enter or leave the Palace of Westminster,

(b) hindrance to the proper operation of Parliament,

(c) serious public disorder,

(d) serious damage to property,

(e) disruption to the life of the community,

(f) a security risk in any part of the designated area,

(g) risk to the safety of members of the public (including any taking part in the demonstration).

(4)The conditions may, in particular, impose requirements as to—

(a) the place where the demonstration may, or may not, be carried on,

(b) the times at which it may be carried on,

(c) the period during which it may be carried on,

(d) the number of persons who may take part in it,

(e) the number and size of banners or placards used,

(f) maximum permissible noise levels.

(5) The authorisation must specify the particulars of the demonstration given in the notice under section 133 pursuant to subsection (4) of that section, with any modifications made necessary by any condition imposed under subsection (3) of this section.

(6) The Commissioner must give notice in writing of—

(a) the authorisation,

(b) any conditions imposed under subsection (3), and

(c) the particulars mentioned in subsection (5),

to the person who gave the notice under section 133.

(7) Each person who takes part in or organises a demonstration in the designated area is guilty of an offence if —

(a) he knowingly fails to comply with a condition imposed under subsection (3) which is applicable to him (except where it is varied under section 135), or

(b) he knows or should have known that the demonstration is carried on otherwise than in accordance with the particulars set out in the authorisation by virtue of subsection (5).

(8) It is a defence for a person accused of an offence under subsection (7) to show—

(a) (in a paragraph (a) case) that the failure to comply, or

(b) (in a paragraph (b) case) that the divergence from the particulars,

arose from circumstances beyond his control, or from something done with the agreement, or by the direction, of a police officer.

(9) The notice required by subsection (6) may be sent by post to the person who gave the notice under section 133 at the address stated in that notice pursuant to subsection (4)(e) of that section.

(10) If the person to whom the notice required by subsection (6) is to be given has agreed, it may be sent to him by email or by facsimile transmission at the address or number notified by him for the purpose to the Commissioner (and a notice so sent is “in writing” for the purposes of that subsection).

135 Supplementary directions

(1) This section applies if the senior police officer reasonably believes that it is necessary, in order to prevent any of the things mentioned in paragraphs (a) to (g) of subsection (3) of section 134—

(a) to impose additional conditions on those taking part in or organising a demonstration authorised under that section, or

(b) to vary any condition imposed under that subsection or under paragraph (a) (including such a condition as varied under subsection (2)).

(2) The senior police office may give directions to those taking part in or organising the demonstration imposing such additional conditions or varying any such condition already imposed.

(3) A person taking part in or organising the demonstration who knowingly fails to comply with a condition which is applicable to him and which is imposed or varied by a direction under this section is guilty of an offence.

(4) It is a defence for him to show that the failure to comply arose from circumstances beyond his control.

(5) In this section, “the senior police officer” means the most senior in rank of the police officers present at the scene (or any one of them if there are more than one of the same rank).

136 Offences under sections 132 to 135: penalties

(1) A person guilty of an offence under section 132(1)(a) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both.

(2) A person guilty of an offence under section 132(1)(b) or (c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A person guilty of an offence under section 134(7) or 135(3) is liable on summary conviction—

(a) if the offence was in relation to his capacity as organiser of the demonstration, to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both,

(b) otherwise, to a fine not exceeding level 3 on the standard scale.

(4) A person who is guilty of the offence of inciting another to—

(a) do anything which would constitute an offence mentioned in subsection (1), (2) or (3), or

(b) fail to do anything where the failure would constitute such an offence,

is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both, notwithstanding section 45(3) of the Magistrates' Courts Act 1980 (c. 43).

(5) A constable in uniform may arrest without warrant anyone he reasonably believes is committing an offence mentioned in subsections (1) to (4).

This subsection ceases to have effect on the coming into force of section 110.

137 Loudspeakers in designated area

(1) Subject to subsection (2), a loudspeaker shall not be operated, at any time or for any purpose, in a street in the designated area.

(2) Subsection (1) does not apply to the operation of a loudspeaker—

(a) in case of emergency,

(b) for police, fire and rescue authority or ambulance purposes,

(c) by the Environment Agency, a water undertaker or a sewerage undertaker in the exercise of any of its functions,

(d) by a local authority within its area,

(e) for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel,

(f) if the loudspeaker forms part of a public telephone system,

(g) if the loudspeaker is in or fixed to a vehicle and subsection (3) applies,

(h) otherwise than on a highway, by persons employed in connection with a transport undertaking used by the public, but only if the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed,

(i) in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40).

(3) This subsection applies if the loudspeaker referred to in subsection (2)(g)—

(a) is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle (or, if the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic), and

(b) is so operated as not to give reasonable cause for annoyance to persons in the vicinity.

(4) A person who operates or permits the operation of a loudspeaker in contravention of subsection (1) is guilty of an offence and is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, together with

(b) a further fine not exceeding £50 for each day on which the offence continues after the conviction.

(5) In this section—

“local authority” means a London borough council (and, in subsection (2)(d), the Greater London Authority),

“street” means a street within the meaning of section 48(1) of the New Roads and Street Works Act 1991 (c. 22) which is for the time being open to the public,

“the designated area” means the area specified in an order under section 138,

“vessel” includes a hovercraft within the meaning of the Hovercraft Act 1968 (c. 59).

(6) In Schedule 2 to the Noise and Statutory Nuisance Act 1993 (consent to the operation of loudspeakers in streets or roads), in paragraph 1(1), at the end add “ or of section 137(1) of the Serious Organised Crime and Police Act 2005 ”.

138 The designated area

(1) The Secretary of State may by order specify an area as the designated area for the purposes of sections 132 to 137.

(2) The area may be specified by description, by reference to a map or in any other way.

(3) No point in the area so specified may be more than one kilometre in a straight line from the point nearest to it in Parliament Square.

This is a good thing. Now I can stand within the vicinity of Parliament without fear of being arrested. However, the new Act has its own s. 142-9, which state the following:

Controls on activities in Parliament Square Garden and adjoining pavements

142 Controlled area of Parliament Square

(1) For the purposes of this Part, the “controlled area of Parliament Square” means the area of land that is comprised in—

(a) the central garden of Parliament Square, and

(b) the footways that immediately adjoin the central garden of Parliament Square.

(2) In subsection (1)—

“the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvements) Act 1949 to lay out the garden referred to in that Act as “the new central garden”;

“footway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act).

143 Prohibited activities in controlled area of Parliament Square

(1) A constable or authorised officer who has reasonable grounds for believing that a person is doing, or is about to do, a prohibited activity may direct the person—

(a) to cease doing that activity, or

(b) (as the case may be) not to start doing that activity.

(2) For the purposes of this Part, a “prohibited activity” is any of the following—

(a) operating any amplified noise equipment in the controlled area of Parliament Square;

(b) erecting or keeping erected in the controlled area of Parliament Square—

(i) any tent, or

(ii) any other structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period;

(c) using any tent or other such structure in the controlled area of Parliament Square for the purpose of sleeping or staying in that area;

(d) placing or keeping in place in the controlled area of Parliament Square any sleeping equipment with a view to its use (whether or not by the person placing it or keeping it in place) for the purpose of sleeping overnight in that area;

(e) using any sleeping equipment in the controlled area of Parliament Square for the purpose of sleeping overnight in that area.

(3) But an activity is not to be treated as a “prohibited activity” within subsection (2) if it is done—

(a) for police, fire and rescue authority or ambulance purposes,

(b) by or on behalf of a relevant authority, or

(c) by a person so far as authorised under section 147 to do it (authorisation for operation of amplified noise equipment).

(4) In subsection (2)(a) “amplified noise equipment” means any device that is designed or adapted for amplifying sound, including (but not limited to)—

(a) loudspeakers, and

(b) loudhailers.

(5) In subsection (3)(b) “relevant authority” means any of the following—

(a) a Minister of the Crown or a government department,

(b) the Greater London Authority, or

(c) Westminster City Council.

(6) It is immaterial for the purposes of a prohibited activity—

(a) in the case of an activity within subsection (2)(b) or (c) of keeping a tent or similar structure erected or using a tent or similar structure, whether the tent or structure was first erected before or after the coming into force of this section;

(b) in the case of an activity within subsection (2)(d) or (e) of keeping in place any sleeping equipment or using any such equipment, whether the sleeping equipment was first placed before or after the coming into force of this section.

(7) In this section “sleeping equipment” means any sleeping bag, mattress or other similar item designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place.

(8) A person who fails without reasonable excuse to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

144 Directions under section 143: further provision

(1) A direction requiring a person to cease doing a prohibited activity may include a direction that the person does not start doing that activity again after having ceased it.

(2) A direction requiring a person not to start doing a prohibited activity continues in force until—

(a) the end of such period beginning with the day on which the direction is given as may be specified by the constable or authorised officer giving the direction, or

(b) if no such period is specified, the end of the period of 90 days beginning with the day on which the direction is given.

(3) A period specified under subsection (2)(a) may not be longer than 90 days.

(4) A direction may be given to a person to cease operating, or not to start operating, any amplified noise equipment only if it appears to the constable or authorised officer giving the direction that the following condition is met.

(5) The condition is that the person is operating, or is about to operate, the equipment in such a manner as to produce sound that other persons in or in the vicinity of the controlled area of Parliament Square can hear or are likely to be able to hear.

(6) A direction—

(a) may be given orally,

(b) may be given to any person individually or to two or more persons together, and

(c) may be withdrawn or varied by the person who gave it.

(7) In this section—

“amplified noise equipment” has the meaning given by section 143(4);

“direction” means a direction given under section 143(1).

145 Power to seize property

(1) A constable or authorised officer may seize and retain a prohibited item that is on any land in the controlled area of Parliament Square if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143.

(2) A constable may seize and retain a prohibited item that is on any land outside of the controlled area of Parliament Square if it appears to the constable that the item has been used in connection with the commission of an offence under section 143.

(3) A “prohibited item” is any item of a kind mentioned in section 143(2).

(4) A constable may use reasonable force, if necessary, in exercising a power of seizure under this section.

(5) An item seized under this section must be returned to the person from whom it was seized—

(a) no later than the end of the period of 28 days beginning with the day on which the item was seized, or

(b) if proceedings are commenced against the person for an offence under section 143 before the return of the item under paragraph (a), at the conclusion of those proceedings.

(6) If it is not possible to return an item under subsection (5) because the name or address of the person from whom it was seized is not known—

(a) the item may be returned to any other person appearing to have rights in the property who has come forward to claim it, or

(b) if there is no such person, the item may be disposed of or destroyed at any time after the end of the period of 90 days beginning with the day on which the item was seized.

(7) Subsections (5)(b) and (6) do not apply if a court makes an order under section 146(1)(a) for the forfeiture of the item.

(8) The references in subsections (1) and (2) to an item that is “on” any land include references to an item that is in the possession of a person who is on any such land.

146 Power of court on conviction

(1) The court may do either or both of the following on the conviction of a person (“P”) of an offence under section 143—

(a) make an order providing for the forfeiture of any item of a kind mentioned in subsection (2) of that section that was used in the commission of the offence;

(b) make such other order as the court considers appropriate for the purpose of preventing P from engaging in any prohibited activity in the controlled area of Parliament Square.

(2) An order under subsection (1)(b) may (in particular) require P not to enter the controlled area of Parliament Square for such period as may be specified in the order.

(3) Power of the court to make an order under this section is in addition to the court’s power to impose a fine under section 143(8).

147 Authorisation for operation of amplified noise equipment

(1) The responsible authority for any land in the controlled area of Parliament Square may authorise a person in accordance with this section to operate on that land any amplified noise equipment (as defined by section 143(4)).

(2) An application for authorisation must be made to the responsible authority by or on behalf of the person (or persons) seeking the authorisation.

(3) The responsible authority may—

(a) determine the form in which, and the manner in which, an application is to be made;

(b) specify the information to be supplied in connection with an application;

(c) require a fee to be paid for determining an application.

(4) If an application is duly made to a responsible authority, the authority must—

(a) determine the application, and

(b) give notice in writing to the applicant of the authority’s decision within the period of 21 days beginning with the day on which the authority receives the application.

(5) The notice must specify—

(a) the person (or persons) authorised (whether by name or description),

(b) the kind of amplified noise equipment to which the authorisation applies,

(c) the period to which the authorisation applies, and

(d) any conditions to which the authorisation is subject.

(6) The responsible authority may at any time—

(a) withdraw an authorisation given to a person under this section, or

(b) vary any condition to which an authorisation is subject.

(7) Variation under subsection (6)(b) includes—

(a) imposing a new condition,

(b) removing an existing condition, or

(c) altering any period to which a condition applies.

(8) The exercise of a power under subsection (6) to withdraw an authorisation or to vary a condition is effected by the responsible authority giving notice in writing to the applicant.

148 Meaning of “authorised officer” and “responsible authority”

(1) This section applies for the purposes of this Part.

(2) “Authorised officer”, in relation to any land in the controlled area of Parliament Square, means—

(a) an employee of the responsible authority for that land who is authorised in writing by the authority for the purposes of this Part, and

(b) any other person who, under arrangements made with the responsible authority (whether by that or any other person), is so authorised for the purposes of this Part.

(3) “Responsible authority”, in relation to any land in the controlled area of Parliament Square, means—

(a) the Greater London Authority, for any land comprised in the central garden of Parliament Square (as defined by section 142(2)), and

(b) Westminster City Council, for any other land.

149 Effect of Part on byelaws

(1) In section 385 of the Greater London Authority Act 1999 (byelaws), after subsection (6) insert—

“(6A) Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).”.

(2) Any byelaw made under section 385 of the Greater London Authority Act 1999 before the date on which section 143 above comes into force ceases to have effect on that date so far as the byelaw makes provision prohibiting, as respects the controlled area of Parliament Square, a particular activity that is a prohibited activity for the purposes of this Part.

(3) Nothing in this Part restricts the making of any byelaw under section 235(1) of the Local Government Act 1972 (power of councils to make byelaws) for the purpose of prohibiting, as respects the controlled area of Parliament Square, a particular activity except so far as the activity is a prohibited activity for the purposes of this Part.

Hmmm... they're no longer going to ban protests within 1 km of Parliament, only those on Parliament Square. Otherwise, I don't see any real difference, and, given that you may now have to pay to apply for permission, if anything it's worse... Tweet