Public Order Act 2023

Appeals E+W

29 Appeal against serious disruption prevention order E+W

(1) Where a serious disruption prevention order is made under section 20 (order on conviction) in respect of a person (“P”), P may appeal against the making of the order as if the order were a sentence passed on P for the offence.

(2) Where a serious disruption prevention order is made under section 21 (order on application) in respect of a person (“P”), P may appeal to the appropriate court against the making of the order.

(3) A person who applied under section 21 (order on application) for a serious disruption prevention order to be imposed in respect of a person may appeal to the appropriate court against a refusal to make the order.

(4) Where an application is made under section 28 for an order varying, renewing or discharging a serious disruption prevention order made in respect of a person (“P”)—

(a) the person who made the application may appeal to the appropriate court against a refusal to make an order under that section;

(b) P may appeal to the appropriate court against the making of an order under that section which was made on the application of a person other than P;

(c) a person within subsection (2) of that section (other than P) may appeal to the appropriate court against the making of an order under that section which was made on the application of P.

(5) In this section “the appropriate court” means—

(a) in relation to an appeal under subsection (2), the Crown Court;

(b) in relation to an appeal under subsection (3) or (4)—

(i) where the application in question was made to a magistrates’ court, the Crown Court;

(ii) where the application in question was made to the Crown Court, the Court of Appeal.

(6) On an appeal under this section to the Crown Court, the court may make—

(a) such orders as may be necessary to give effect to its determination of the appeal, and

(b) such incidental and consequential orders as appear to it to be appropriate.

Commencement Information

I1 S. 29 not in force at Royal Assent, see s. 35(5)

I2 S. 29 in force at 5.4.2024 by S.I. 2024/472, reg. 2(j)