Public Order Act 2023

Proceedings by the Secretary of State

18 Power of Secretary of State to bring proceedings

(1) Subsection (4) applies where—

(a) the Secretary of State reasonably believes that one or more persons are carrying out, or are likely to carry out, activities related to a protest, and

(b) the condition in subsection (2) or (3) is met.

(2) The condition in this subsection is that the Secretary of State reasonably believes that the activities are causing, or are likely to cause, serious disruption to—

(a) the use or operation of any key national infrastructure in England and Wales, or

(b) access to any essential goods, or to any essential service, in England and Wales.

(3) The condition in this subsection is that the Secretary of State reasonably believes that the activities are having, or are likely to have, a serious adverse effect on public safety in England and Wales.

(4) Where this subsection applies and the Secretary of State considers that it is expedient in the public interest to do so, the Secretary of State may bring civil proceedings relating to the activities in the name of the Secretary of State.

(5) Before bringing proceedings under subsection (4) in relation to any activities the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate, having regard to any persons who may also bring civil proceedings in relation to those activities.

(6) The bringing of proceedings by the Secretary of State under subsection (4) in relation to any activities does not affect the ability of any other person to bring civil proceedings in relation to those activities.

(7) The reference in subsection (1)(a) to “activities” does not include a reference to activities carried out or likely to be carried out wholly or mainly in contemplation or furtherance of a trade dispute.

(8) In this section—

• “key national infrastructure” has the same meaning as in section 7 (key national infrastructure);

• “trade dispute” has the same meaning as in Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992, except that section 218 of that Act is to be read as if—

  (a)

  it made provision corresponding to section 244(4) of that Act, and

  (b)

  in subsection (5), the definition of worker included any person falling within paragraph (b) of the definition of worker in section 244(5) of that Act.

19 Injunctions in Secretary of State proceedings: power of arrest and remand

(1) This section applies to proceedings brought by the Secretary of State under section 18 (power of Secretary of State to bring proceedings).

(2) If the court grants an injunction which prohibits conduct which—

(a) is capable of causing nuisance or annoyance to a person, or

(b) is capable of having a serious adverse effect on public safety,

it may, if subsection (3) applies, attach a power of arrest to any provision of the injunction.

(3) This subsection applies if the Secretary of State applies to the court to attach the power of arrest and the court thinks that—

(a) the conduct mentioned in subsection (2) consists of or includes the use or threatened use of violence, or

(b) there is a significant risk of harm to—

(i) in the case of conduct mentioned in subsection (2)(a), the person mentioned in that provision, and

(ii) in the case of conduct mentioned in subsection (2)(b), the public or a section of the public.

(4) Where a power of arrest is attached to any provision of an injunction under subsection (2), a constable may arrest without warrant a person whom the constable has reasonable cause for suspecting to be in breach of that provision.

(5) After making an arrest under subsection (4) the constable must as soon as is reasonably practicable inform the Secretary of State.

(6) Where a person is arrested under subsection (4)—

(a) the person must appear before the court within the period of 24 hours beginning at the time of arrest, and

(b) if the matter is not then disposed of forthwith, the court may remand the person.

(7) For the purposes of subsection (6), when calculating the period of 24 hours referred to in paragraph (a) of that subsection, no account is to be taken of Christmas Day, Good Friday or any Sunday.

(8) The Schedule applies in relation to the power to remand under subsection (6).

(9) If the court has reason to consider that a medical report will be required, the power to remand a person under subsection (6) may be exercised for the purpose of enabling a medical examination and report to be made.

(10) If such a power is so exercised the adjournment is not to be in force—

(a) for more than three weeks at a time in a case where the court remands the accused person in custody, or

(b) for more than four weeks at a time in any other case.

(11) If there is reason to suspect that a person who has been arrested under subsection (4) is suffering from mental disorder within the meaning of the Mental Health Act 1983 the court is to have the same power to make an order under section 35 of that Act (remand for report on accused's mental condition) as the Crown Court has under that section in the case of an accused person within the meaning of that section.

(12) In this section—

• “harm” includes serious ill-treatment or abuse (whether physical or not);

• “the court” means the High Court or the county court and includes—

  (a)

  in relation to the High Court, a judge of that court, and

  (b)

  in relation to the county court, a judge of that court.