Last amended by Human rights litigation in 2024. In National Council for Civil Liberties v Secretary of State for the Home Department [2024] (Divisional Court), the stop and search provisions in ss.17-19 were challenged as incompatible with Articles 8, 10, and 11 ECHR. Proceedings were ongoing as of 2026.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Public Order Act 2023 creates new criminal offences and police powers specifically targeting protest tactics that cause serious disruption, primarily in response to direct-action campaigns by groups such as Just Stop Oil and Extinction Rebellion. The Act supplements earlier provisions in the Police, Crime, Sentencing and Courts Act 2022 by criminalising specific tactics including locking on, tunnelling, and interference with key national infrastructure. It introduces Serious Disruption Prevention Orders (SDPOs) allowing civil conditions to be imposed on persistent protest-related offenders. The Act has been controversial: the Joint Committee on Human Rights raised concerns that some provisions may be incompatible with Articles 10 and 11 of the European Convention on Human Rights (freedom of expression and assembly). Several provisions were successfully challenged in the courts — the House of Lords amended the Bill significantly and the government overrode these amendments using Commons privilege, prompting criticism from constitutional law scholars. The Act came into force on 2 May 2023.
Key Points
- Section 1: locking on offence — attaching oneself, another person, or an object to another person, object, or land in a way that causes or is capable of causing serious disruption; maximum 6 months on summary conviction
- Section 2: going equipped for locking on — possessing an article intending it to be used to lock on; maximum 6 months
- Section 3: tunnelling offence — creating or assisting the creation of a tunnel, or being present in a tunnel, that causes or is capable of causing serious disruption; maximum 3 years on indictment
- Section 6: obstruction of major transport works — wilfully obstruction or interference with persons engaged in construction or maintenance of major transport infrastructure; maximum 6 months
- Section 7: interference with use or operation of key national infrastructure (petroleum, gas, electricity, water, road, rail, airport infrastructure) — maximum 12 months
- Sections 17-19: suspicion-less stop and search powers in specific protest contexts — authorised by superintendent-level officer for 24-hour periods in a specified area; controversial provisions challenged as incompatible with Article 8 ECHR
- Sections 20-28: Serious Disruption Prevention Orders — civil orders made by the Crown Court or magistrates imposing conditions (prohibitions or requirements) on individuals who have been convicted of protest-related offences or who have contributed to serious disruption on at least two occasions
Parts & Sections
Amendments History
2024 — Human rights litigation
In National Council for Civil Liberties v Secretary of State for the Home Department [2024] (Divisional Court), the stop and search provisions in ss.17-19 were challenged as incompatible with Articles 8, 10, and 11 ECHR. Proceedings were ongoing as of 2026.
2024 — Judicial review of SDPOs
The definition of 'serious disruption' used in the SDPO provisions and the new offences was subject to challenge, noting the same term was given a narrower meaning in Supreme Court litigation under the Police, Crime, Sentencing and Courts Act 2022 (Director of Public Prosecutions v Ziegler [2021] UKSC 23).
Frequently asked questions
- When did the Public Order Act 2023 come into force and what is its main purpose?
- The Public Order Act 2023 came into force on 2 May 2023. It creates new criminal offences and police powers targeting protest tactics that cause serious disruption, such as locking on and tunnelling. It also introduces Serious Disruption Prevention Orders for persistent offenders. The Act supplements earlier provisions in the Police, Crime, Sentencing and Courts Act 2022.
- What is the offence of locking on and what is the maximum penalty?
- Locking on is a criminal offence if you attach yourself, another person, or an object to a person, object, or land in a way that causes or is capable of causing serious disruption to two or more individuals or an organisation outside a dwelling. You must intend or be reckless about this disruption. The maximum sentence is six months' imprisonment on summary conviction and an unlimited fine.
- What is a Serious Disruption Prevention Order and who can it be imposed on?
- A Serious Disruption Prevention Order (SDPO) is a civil order made by the Crown Court or magistrates. It can be imposed on individuals convicted of protest-related offences or who have contributed to serious disruption on at least two occasions. Orders may prohibit actions like attending specific locations or associating with certain people, or require actions such as reporting to a police station.
- What new stop and search powers does the Act give to police?
- The Act allows police to stop and search people without suspicion in specific protest contexts. These powers are authorised by a superintendent-level officer for 24-hour periods in a specified area. These provisions have been controversial and were challenged in the courts as potentially incompatible with Article 8 of the European Convention on Human Rights.
- Have there been any human rights concerns raised about the Public Order Act 2023?
- The Joint Committee on Human Rights raised concerns that some provisions may be incompatible with Articles 10 and 11 of the European Convention on Human Rights, which protect freedom of expression and assembly. Additionally, the stop and search provisions were challenged in the Divisional Court as incompatible with Articles 8, 10, and 11, with proceedings ongoing as of 2026.