Part 3: Public order Section 80: Wilful obstruction of highway
This section amends section 137 of the Highways Act 1980 which makes it an offence for a person, without lawful authority or excuse, to wilfully obstruct a highway. Section 137(1) is amended to increase the maximum penalty for the offence from a level 3 fine (currently £1,000) to 51 weeks imprisonment, a level 3 fine or both. New section 137(1A) provides that the maximum custodial penalty is to be read as 6 months instead of 51 weeks if the offence has been committed before the increase in magistrates’ courts sentencing powers provided for in the CJA Act 2003 come into force.
	New section 137(1B) provides that for the purposes of the offence in section 137 it does not matter whether free passage along the highway in question has already been temporarily restricted or temporarily prohibited (whether by a constable, a traffic authority (as defined in new section 137(1C)) or otherwise).