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Police, Crime, Sentencing and Courts Bill 2021: protest powers

Who we are

In March 2021, a group of us (from a small village in Devon) held an online discussion to explore the controversial ‘Police, Crime, Sentencing & Courts Bill 2021’. Specifically focused on protests and the right to protest. 51 people attended, mostly local, but some from across the UK. We are not experts. We are members of the public.

This page contains introductory information about the bill (links, videos and a few opinions/comments) plus suggestions about further reading and action. We will be adding to this page.

Hopefully, this will inspire you to learn more about this Bill, about political processes, about what it might mean … and to talk to others about it.

And we are NOT talking about violent protests or illegal actions. The police already have the right to arrest people for these.
We are talking about PEACEFUL protests.

Why should you be concerned?

The Bill contains a lot. But its main controversial areas are:

  1. More powers to stop protests
  2. “Being a nuisance” becomes a more serious statutory offence
  3. Sentences for damaging statues and memorials are increased (up to 10 years in prison)
  4. The police get more powers to prosecute gypsies and travellers

Specifically, in the area of protesting:

  • Police chiefs will be able to set a start and finish time and noise limits on static protests (including protests by just one person). So, someone holding a placard and using a speaker, could be fined up to £2,500 if they refuse to follow police directions over how they should conduct their protest.
  • Police can stop protests from being too noisy – when it may result in serious disruption of an organisation (any organisation!). And the Home Secretary will be able to define “serious disruption”.
  • “Causing public nuisance” is already a crime – but only in common law. So there’s no explicit regulation and sentences depend upon historical precedent. But this law makes “causing public nuisance” a statutory offence with a maximum sentence of 10 years. And it expands the definition to include “annoyance”.
  • Previously you could only be prosecuted if you were knowingly breaking the law. So, for example, before arresting people, police would warn protesters they were breaking the law and that they needed to move on. You then had a choice. The change means you will be prosecuted if its decided you ought to have known the law. So protesters may not know whether what they are doing is arrestable or not – until they’ve been arrested.

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Recent news/articles added to this page – check back regularly

We will post new items here (as well as below). As we get new ones, we will remove them from here. So check back regularly.

Further information, articles and videos about the Bill

READ THESE FIRST - a few short introductory videos and articles

Very short Government briefing article about the protest measures in the Bill:
https://www.gov.uk/government/publications/police-crime-sentencing-and-courts-bill-2021-factsheets/police-crime-sentencing-and-courts-bill-2021-protest-powers-factsheet

A short BBC article: What is the Police, Crime, Sentencing and Courts Bill and how will it change protests? https://www.bbc.co.uk/news/uk-56400751

This six minute Youtube video is of the speech in Parliament against the Bill as a whole made by David Lammy (Labour MP and Shadow Secretary of State for Justice): https://www.youtube.com/watch?v=BgbzN9Ojcf0&ab_channel=PoliticsJO

This 11 minute video examines the controversial aspects of the Bill, produced by commercial company TLDR News
https://www.youtube.com/watch?v=SHr5EAep3R4&ab_channel=TLDRNews

Ideas of what we can do

Offer evidence to committee: https://committees.parliament.uk/call-for-evidence/423/legislative-scrutiny-police-crime-sentencing-and-courts-bill – The Joint Committee on Human Rights is calling for evidence on the Police, Crime, Sentencing and Courts Bill.

Let your MP know you object to it.  They have to count their constituents’  objections.

Talk to people: How to talk about the climate emergency (relevant to how to talk about the Bill) – basically, ask questions AND LISTEN!

Add your name to the petition against the Bill: Parliament is going to debate the petition. the more signatures the better. https://petition.parliament.uk/petitions/579012

Fill in this questionnaire: about why you object to the bill https://www.smartsurvey.co.uk/s/0LIDQC/ –  And then please share widely!

And some initial ideas for “actions” in the streets:

  • A great opportunity for humorous ridicule
  • Silent reading. Simply stand (or sit) and read … read anything – but in the context of protesting. Perhaps read the 300 page act. Take hours.
Protests planned

General Protest information

A quick-start guide to resisting police surveillance of protests – Watch out for the evidence gathering team / Wear your face mask / Keep your camera trained on the police – and don’t livestream / Be mindful what you share on social media / Leave your phone at home, or log out of apps that track your location / Go with friends / Remember 5 key messages

Actual protests

Details below are of protests that ran over Easter 2021 – more info as it becomes available and search the internet and Facebook for “stop the bill” and “kill the bill”

It should be said that there were many voices at our original meeting expressing concern about the phrase “Kill the Bill” – with alternatives being proposed to be used on banners such as “Drop the Bill” and “Stop the Bill”.

London

Plymouth: https://www.facebook.com/events/238224404656469

Exeter https://www.facebook.com/events/1306393486422522 – Saturday 1pm Peaceful Stop the Bill protest, Bedford Square EX1 1LR 1pm

The Bill in full, its process and where it is right now

Police Bill in partsThe bill in full

Thanks to Kristina for providing this – the complete bill – but separated into smaller sections and in Google Docs – so feel free to add comments

https://drive.google.com/drive/folders/1ucmwussHkScB6T-hYtzzFEJwqzfdRMVQ?usp=sharing

Parliamentary debate on 26 April 21

Parliament is going to debate the petition(see link) because it has garnered more than 100,000 signatures (242,239).
https://petition.parliament.uk/petitions/579012

“The right to peaceful assembly and protest are fundamental principles of any democracy and the proposed part of this bill that gives the police new powers to tackle disruptive peaceful protests should be removed from The Policing, Crime, Sentencing and Courts Bill.”

You’ll be able to watch online on the UK Parliament YouTube channel.

https://www.smartsurvey.co.uk/s/0LIDQC/
A questionnaire about why people who signed (or didn’t sign) object to the bill. Please share widely!

 

The passage of a bill explained

A short explanation of the current process of this Bill and the stages to come

Passage of a bill

An explanation of the 'Committee' Stage (where its at right now)

Committee stage

This is a line-by-line consideration of the detail of the bill. In the Commons this process may be carried out by a specially convened committee of MPs (a Public Bill Committee) that reflects the strength of the parties in the House as a whole. Alternatively committee stage may be taken in the chamber (in which case it is called Committee of the Whole House). In the Lords the committee stage will take place in the chamber or a committee room in the Palace of Westminster; either way any peer can participate.

A Public Bill Committee in the Commons can take oral and written evidence on the bill. In either House the committee will decide whether each clause of the bill should remain in it, and will consider any amendments tabled by the government or other members.

The amendments tabled may propose changes to the existing provisions of the bill or may involve adding wholly new material. However, there are limits to what can be added to a particular bill, as the amendments must be sufficiently close to its subject matter when introduced.

Government amendments to bills (in committee or at other stages: see below) may be changes to make sure the bill works as intended, may give effect to new policy or may be concessionary amendments to ease the handling of the bill. Amendments in the last category will respond to points made at an earlier stage or will have been tabled to avoid a government defeat at the stage in question. Unless the amendments are purely technical in their effect, they will need the agreement of PBL Committee before they can be tabled, and substantial changes in policy will need policy clearance too.

Taken from https://www.gov.uk/guidance/legislative-process-taking-a-bill-through-parliament

Official Government articles about the Bill

How are Laws made: https://www.parliament.uk/about/how/laws/

This briefing paper from the House of Commons Library gives a broad overview of the Bill as a whole with links to much more detailed further briefings about different sections: https://commonslibrary.parliament.uk/research-briefings/cbp-9158/

Police, Crime, Sentencing and Courts Bill: Second Reading - Commons' votes in Parliament - UK ParliamentVotes in second reading (see image)
https://votes.parliament.uk/Votes/Commons/Division/981

Government Policy paper: Police, Crime, Sentencing and Courts Bill 2021: overarching factsheet
https://www.gov.uk/government/publications/police-crime-sentencing-and-courts-bill-2021-factsheets/police-crime-sentencing-and-courts-bill-2021-overarching-factsheet

Some statements from Conservative Members of Parliament

Anthony Mangnall – Member of Parliament for Totnes
https://www.anthonymangnall.co.uk/campaigns/police-crime-sentencing-and-courts-bill

Rebecca Harris – Member of Parliament for Castle Point
https://www.rebeccaharris.org/police-crime-sentencing-and-courts-bill-2021

Further articles

Public nuisance (dissected by a lawyer) – https://rozenberg.substack.com/p/more-than-a-nuisance

“Criticism of Section 59 has focused on its potential for affecting street protests. Little attention has been paid to online communications. How would “serious annoyance” translate from street to tweet? Is a seriously annoying tweet the same kind of thing as a seriously annoying street protest?” Read more: https://www.cyberleagle.com/2021/04/seriously-annoying-tweets.html#.YGwWcUUhuoE.twitter

Protest laws move UK towards paramilitary policing, says former Police chief
https://www.theguardian.com/uk-news/2021/mar/28/protest-laws-move-uk-towards-paramilitary-policing-says-former-chief?CMP=Share_iOSApp_Other

Repression & backfire effect – a talk on this subject – includes an analysis of repression and more

A fantastic discussion between Roger Hallam and Tim Crosland – about history of freedoms (from Magna Carta! – and the responsibility/ duty too protest when government not protection interests of the people Roger Hallam. Tim Crosland

Some factual (but not checked) comments from our meeting

“The 10 principles of policing by Robert Peel are worth looking at if you haven’t already.”

“The European Court of Human Rights is separate from, and preceded the European Court of Justice.  So the rights under ECHR are completely unaffected by leaving the EU.”

“The Human Rights Act (HRA) places limitations on Freedom of Expression / Assembly where these limitations are “necessary in a democratic society”. Our interpretation of that is different from the courts! The HRA is currently under review. Consultation closed 3rd March.”

Abolitionist comments: “Look at Abolitionist Futures – for social & transformative justice.” “To clarify, the abolition of police is more, diverting funding of police to different services e.g. mental health services are called instead of police”

Gandhi “first they ignore you, then they laugh at you, then they fight you, then you win…”