This is a note that aims to draw attention to potential legal offences and consequences which may be relevant for various hypothetical plans. It is not necessarily exhaustive, nor is it intended to be. Not all these offences may be relevant, but they are in there to provide potential useful information. It is also prepared by a layperson and under no circumstances constitutes legal advice in any way. The author is not liable for any action or attached consequences that occur as a result of this briefing, always seek advice from a protest experienced solicitor if you are arrested or charged with an offence.
If you have any legal questions or get arrested, call the Protest Support Line/ Back Office – 07946 541 511.
Overview
All protests come with some risk and it is much better to be prepared, however this is not intending to scare you. Most people who attend protests do not get arrested, and of those who do few are charged and even fewer are convicted. It is likely the police will attend, but the risk of police intervention is low. If they attend the camp, they are likely to primarily observe what is going on. In the US, trespass is criminal, but in the UK, it is only a civil offence, so in general, police are not supposed to intervene. However, there are some laws that would give them the power to do so in certain circumstances. In the vast majority of cases, it is not legal for the police to attempt to move the camp without first providing a legal order (obtained from their superiors) declaring the camp to be illegal or not permitted in certain areas. At that stage, there would be an opportunity for any person not willing to face the police or arrest to vacate the area. We can never guarantee that the police follow the law, but we can be aware of the powers they have to challenge when they are in breach.
It can be helpful to have specific people with the role of liaising with police & security (sometimes called protest liaison) in order to keep the line of information controlled and clear. In general, it is advised everyone is briefed on the key messages and sticks to them – most importantly ‘no comment’.
Police, security and landowners, if targeting individuals, will likely attempt to identify and target organisers. It is advisable to not visibly appear as or present yourself as an organiser, if it can be avoided.
If you’re attempting to hide your identity, only under s60AA (info on GBC website) can police require you to remove your mask.
Any questions or need any support? Ring the 24/7 protest support line: 07946 541 511
5 key messages
If you don’t know anything else, these are the key things to remember. We recommend always having a printed Bustcard on you, which can remind you of these messages and key phone numbers.
There’s a call and response mic check you can read out at protests.
No comment
Do not speak to the police or security, so don’t. For your own safety and other’s. They will try to deceive you into giving information. Answer ‘No comment’ to ALL questions at the protest and if you are arrested.
No personal details
You do not have to give any personal details under any stop and search powers (and most other powers), so DON’T. Don’t incriminate yourself or others! Remember No Personal Details!
Under what power?
If the police or security ask you to do something ask ‘Under What Power?’ (i.e. what law they are using and why), and make a note of what they say. Security and police often rely on you not knowing the law. This can challenge them to act lawfully. Once you have your answer, ignore them or walk away. Remember No Comment!
No duty solicitor
If you’re arrested, use a protest experienced solicitor (one off your Bustcard). They will give you free legal advice. Duty solicitors (the one on duty at the station) will almost certainly know nothing about protest laws and often give bad advice.
No caution
Cautions are an admission of guilt and will show up on your record. It is an easy win for the police, as they don’t have to provide any evidence or convince a court of your guilt. At the very least, you should never accept a caution without taking advice from a recommended solicitor and have them explain why you’re an exception to the rule.
Remember the 5 key messages: No Comment, No Personal Details, Under What Power?, No Caution, No Duty Solicitor.
Risks from Police
Aggravated Trespass (s68/ s69 Criminal Justice & Public Order Act 1994)
You can be arrested for Aggravated Trespass if you are:
- Trespassing (see civil trespass), AND
- Intentionally obstructing, disrupting or intimidating others from carrying out ‘lawful activities.
Further to this a senior police officer has the power to order any person believed to be involved in aggravated trespass to leave the land. If they then refuse to leave or return to the land within three months, this is an additional offence under s69.
What are the risks of an Aggravated Trespass charge:
- triable in the magistrates court only, and max sentence level 4 fine (£2,500) and/or three months imprisonment.
- Imprisonment is very unlikely for a first offence, and usually the sanction would be a relatively small fine, or even conditional discharge if of previous good character.
There are additional trespass offences if you have a vehicle with you. Please call the protest support line for more information: 07946 541 511.
Trespassing with a vehicle
S83 Police Crime Sentencing and Courts Act 2022
This is a new offence introduced by the PCSC Act 2022, which makes it a criminal offence (rather than a civil matter) for a person aged 18 or over to reside on land without the consent of the owner if they have, or intend to have, a vehicle with them, and refuse to leave and remove their property when asked. They also need to be causing, or deemed likely to cause, significant damage (including excessive noise, smells, litter or other damage to the environment), disruption (including interference with a ‘supply of water, energy or fuel’) or distress (including using words or displaying any writing that is ‘threatening, abusive or insulting’). If police believe this is happening, they may seize any ‘relevant’ property belonging to, or in the possession or control of the alleged defendant, including vehicles or any property on the land, which they may keep for up to 3 months or until the end of any criminal proceedings that result from the matter.
You cannot return to the same land for 12 months after being asked to leave.
This offence was brought in to further target and criminalise Gypsy, Roma, and Traveller communities. However, there is a chance that this could be used on protest encampments which have vehicles on site. The Friends, Families and Travellers charity are preparing to challenge this power in court, so there may be changes to this power in the future.
If convicted of this offence, you can be sentenced to up to 3 months custody and/or a fine of up to £2,500, and your seized property does not have to be returned.
Directions to Leave (s61 CJPOA 1994)
In theory the police have the power to remove trespassers who look as though they plan to set up a camp, or the police suspect that is the intention. This was used to evict one of the anti-fracking camps at Balcombe in 2013. The camp does not even have to be set up yet.
Requirements for the police to be able to issue directions to leave:
These are the steps for eviction to happen on these grounds:
- The “occupier” of the land (owner, or person who is legally entitled to occupy) must first have required you to leave
- Then, they may ask the police for support.
- The police must reasonably believe that individuals are trespassing with the intent to reside, and have caused damage, disruption, or distress, or have more than six vehicles.
- They can then direct you to leave the land as soon as reasonably practical and to remove any vehicles or other property.
In making a decision to evict, a police officer of the rank of inspector or above must assess whether doing so is legal (are all conditions present?); necessary (could other methods be used, such as regular patrols or arrests if anyone commits a criminal offence?); and proportionate (are your rights to protest balanced against the rights of the landowner or local community and is it right to evict everyone?)
What if protestors refuse to leave?
- It is an offence to refuse to leave, or to return within three months.
- But, there are often opportunities to prolong your occupation, because the law does not define “as soon as reasonably practical” or set a deadline by which you have to leave.
- The maximum penalty for this offence is three months imprisonment or a fine of £2500, or both.
Violating Conditions imposed on Public Assemblies (s14 Public Order Act 1986)
Section 14 allows the police to impose conditions on ‘public assemblies’ (which can be any number of people, including just one) and makes it an offence for protesters not to comply with conditions they know about or ought to know about.
What kind of conditions can be set:
- Conditions can (but don’t have to) restrict the place, duration and the numbers of people allowed.
- Often, conditions will include setting up a “protest pen” and asking you to move into it.
When can conditions can be set:
- Conditions can be imposed in advance, or by the senior police officer who is at the scene.
- The law states that conditions can be imposed ‘as they appear necessary’ to prevent ‘serious public disorder’, ‘serious damage to property’, ‘serious disruption to the life of the community, or intimidation’.
- For ‘serious disruption to the life of the community’ – the PCSC Act (s74(5)) has added specific examples of prolonged disruption of access to certain essential goods and services, including the supply of food, an educational institution, or a place of worship
- Conditions can also be imposed based on the prospect of noise generated by the assembly causing:
- ‘Serious disruption’ to an organisation located nearby, which means the people in the organisation are ‘not reasonably able’ to do their usual activities ‘for a prolonged period of time’.
- ‘Intimidation, harassment, alarm or distress’ to people nearby the protest.
When you’ve broken the law and the penalties attached to this
- To be convicted of an offence under Section 14, it must be proved that you were aware, or should have been aware of the conditions and then broke the conditions.
- Maximum penalty is a fine of £2,500. First time offenders would be likely to receive a conditional discharge or fine, both with costs. Total ranging from £100-£1000.
- It is also an offence for organising a protest or inciting others to take part in a protest which breaks conditions you knew or ought to have known about, which carry heavier fines and potential custodial sentence. More info on GBC website.
What happens when conditions are imposed?
- When conditions are imposed on a protest, the police then have the job of publicising them, in order for them to be able to prove that the protesters know or ought to know about the conditions. Examples of ways they do this include making announcements, putting up posters, handing out leaflets, posting on social media, or emailing or phoning individuals/ groups.
- The police have the power to move you, using force if necessary, in order to make you comply with conditions.
What should I do if conditions are imposed?
- Ring the Protest Support Line (07946 541 511) to talk through your options
- Do not share, spread or pass on any information you hear or see about conditions that have been imposed. This is doing the police’s work for them – it is often very difficult to hear, or comply with, conditions, but by passing on the message you make people more likely to be found guilty as it is easier for the police to prove you knew or ought to have known. #Don’tSeeItDon’tSayItSorted
- If you are concerned that your action is likely to have s14 conditions imposed, you may want to have a plan in place within your organising group about how you will deal with this situation should it happen. Call the protest support line if this applies to you to discuss in more detail.
Section 14A Public Order Act 1986
Section 14A gives the chief police officer the power to apply for an order to prohibit all trespassory assemblies in a district, if they have reasonable belief that assemblies are planned on land the public has no right or limited right of access to and the assembly may result (i) in serious disruption to the life of the community, or (ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument.
This order can only be imposed if approved by the local government e.g. the City Council or Mayor. This is unlikely to be used. Call the Protest Support Line for more information.
Risks from Bailiffs or Civil Action
The preferred action for landowners to regain possession of land may be to proceed through the civil courts, seeking a possession order. The other possible civil action is seeking an injunction.
If we are served with court papers, do not panic – this is not a criminal matter and there is not an immediate threat of eviction. The legal team will discuss and communicate clearly what may happen. If you have any questions call the Protest Support Line/ Back Office (07946 541 511).
Injunctions
Injunctions are court orders that specifically instruct someone to do or not do something, for example not to set up an encampment on university property. It is a contempt of court to break an injunction, which has a max penalty of a prison sentence. However, if you unknowingly break an injunction this lack of knowledge can be a good defence.
For more information on Injunctions see Not 1 More’s comprehensive guide.