Policy background Police powers to tackle non-violent protests
Current legislation to manage protests provides predominantly for powers to counter behaviours at protests which are violent or distressing to the public. These powers include those under the Public Order Act 1986 (the "1986 Act") which provides the police with powers to manage public processions and assemblies, including protests. Section 12 of the 1986 Act allows the police to impose any type of condition on a public procession necessary to prevent: serious disorder; serious damage to property; serious disruption to the life of the community; or if the purpose of the organiser is to intimidate others into doing or not doing something that they have a right to do, or to not do. Conditions that may be imposed on a public assembly are more limited, being restricted to specifying their maximum duration, maximum attendance and location (section 14(1) of the 1986 Act).
	The tactics employed by certain protesters, for example gluing themselves to buildings or vehicles, blocking bridges or otherwise obstructing access to buildings such as the Palace of Westminster and newspaper printing works, have highlighted some gaps in current legislation. To address these gaps, Sections 73 to 75 and 79 amend the 1986 Act to:
allow the police to place any necessary condition on a public assembly, as they can with a public procession;
amend the offences relating to the breaching of conditions placed on a public procession or assembly by closing a loophole which some protesters exploit to evade conviction for breaching conditions, and increasing the maximum penalties for the offence;
broaden the range of circumstances in which the police can impose conditions on the generation of noise at a public procession or public assembly to include where police reasonably believe the noise generated by persons taking part may have a significant detrimental impact on persons in the vicinity or cause a serious disruption to the running of an organisation;
allow the police to impose conditions on one-person protests where they reasonably believe the noise generated by the person carrying on the protest may have a significant detrimental impact on persons in the vicinity or may result in serious disruption to the activities of an organisation;
make provision about the meaning of "serious disruption to the life of the community".
	Section 76 amends Part 3 of the Police Reform and Social Responsibility Act 2011 so that a police officer may direct an individual to cease, or not start obstructing the passage of a vehicle into or out of the Parliamentary Estate and expands the Palace of Westminster controlled area to ensure that all entrances are included. This measure follows the recommendation of the Joint Committee on Human Rights in their October 2019 Report "Democracy, freedom of expression and freedom of association: Threats to MPs" (First of session 2019, HC37 and HL Paper 5) for further legislation to protect the right of access to the Parliamentary estate for those with business there.
	Section 77 further provides a power for the Secretary of State to make a provision to define a new controlled area around the temporary locations of Parliament when both Houses relocate as part of the Place of Westminster Restoration and Renewal Programme, or for any reason (e.g. an emergency relocation due to events such as a fire or flood). Some or all of the prohibited behaviours in the existing controlled area, as amended, as provided for in the Police Reform and Social Responsibility Act 2011, will be prohibited in the newly defined controlled area.
	Section 78 gives effect to recommendations made by the Law Commission in their July 2015 Report on "Simplification of the Criminal Law: Public Nuisance and Outraging Public Decency ", that the common law offence of public nuisance should be replaced by a statutory offence covering any conduct which endangers the life, health, property or comfort of a section of the public or obstructs them in the exercise of their rights.
	Section 80 increases the maximum penalty for willful obstruction of the highway from a level-3 fine to an unlimited fine and/or six-months imprisonment. It also clarifies that the offence can be committed even if the highway in question has been temporarily closed by the relevant authority.
	Section 82 introduces expedited Public Spaces Protection Orders ("PSPOs"), which allow local authorities to make PSPOs outside schools, vaccine and test and trace centres, where protests are, or are likely to have the effect of harassing, intimidating or impeding those who work and use the services of these sites. Expedited PSPOs can last for a maximum of six-months and are not subject to the usual pre-consultation requirements of normal PSPOs. However, the council must carry out the necessary consultation as soon as reasonably practicable after making an expedited PSPO.