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...
