Tag Archives: Police Bill

The Police, Crime, Sentencing and Courts Act is Now Law

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The Police, Crime, Sentencing and Courts (PCSC) Act is now law as it has received Royal Assent. This Act includes the strengthening of police powers to tackle non-violent protests that have a significant disruptive effect on the public or on access to Parliament. For example demonstrations by such groups as Extinction Rebellion have closed roads, delayed emergency services and incurred millions of pounds in costs to the police. They have also been exceedingly noisy in some cases thus creating disruption and annoyance over a wide area.

The new Act does not stop peaceful demonstrations but it will hamper the activities of extremist organisations who wish to grab attention to their cause by creating disruption. It is surely therefore a positive move to clarify and reinforce the law in this area.

There are many aspects of criminal law tidied up in this Act but one negative aspect is Clause 67 of the Bill which provides a statutory footing for the charging of fees for courses offered as an alternative to prosecution for fixed penalty offences. It gives the police discretion to offer an educational course to a motorist who has committed a low-level driving offence. This is as an alternative to a fixed penalty or prosecution and avoids liability to a criminal conviction, penalty points and higher fine.

As we have pointed out this for the first time makes it legal for the police to solicit a payment to waive prosecution and can be used by the police to raise funds – for example to generate more offences by financing more speed cameras. See https://www.freedomfordrivers.org/speed-awareness-courses for more information.

The new Act also increases the maximum sentence for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs to a life sentence. There is also the creation of a new offence of causing serious injury by careless, or inconsiderate, driving. The offence is committed if a person causes serious injury by driving a car or other mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other road users. But the drafting is ambiguous. What is meant by “serious injury” and it could mean that a simple driving error can result in someone being sentenced to a custodial sentence.

These changes are unprincipled in nature and should not have been made.

Government explanation of the Act: https://www.gov.uk/government/publications/police-crime-sentencing-and-courts-bill-2021-factsheets/police-crime-sentencing-and-courts-bill-2021-protest-powers-factsheet

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M25 Blocked by Protestors – Cost: £1 million and More

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Yesterday (13/9/2021) the M25 was blocked in several places by protestors claiming to be from a group called “Insulate Britain”. This is a new group wanting to persuade the Government to pay to insulate all Britain’s homes but they look very much like a front for Extinction Rebellion (XR) . For example they are not doing it to save residents money by cutting heating bills. Their web site says it is “part of a just transition to full decarbonisation of all parts of society and the economy”. In other words it’s an organisation that is focussed on CO2 emissions and alleged global warming. They presumably think it is more palatable to the general public, particularly those who live in social housing, to promote this rather than the normal XR agenda.

This demonstration was well organised in advance with media representatives in attendance. It closed several sections of the M25 for several hours before the police managed to remove them. Over 90 arrests were made but will they be charged and significant penalties imposed? It seems unlikely.

The M25 takes as many as 200,000 vehicles per day and Monday morning is one of the busiest times. So this hold up could have delayed 100,000 people as well as having a wider impact on the road network as drivers diverted. At a cost of £10 per hour that could mean a cost of over £1 million imposed on innocent people. Plus of course the cost of the police time involved in the events. Surely the culprits should be made to pay that and more? See Reference 2 below for Daily Mail coverage of the demonstrations.

Some people stuck in the traffic queues attempted to remove the protestors but were stopped by the police from interfering. Yet again the police are shown to be toothless in preventing obstruction of the highway which is against the law. See Reference 1 below for previous comments on why the police do nothing.

There is currently a Bill passing through Parliament (see Reference 3) which will make it easier for police to take action to prevent similar demonstration. It is surely long overdue.

But will it solve the problem? Not if the penalties for causing such disruption are so trivial. As financial penalties are no deterrent to the type of people involved in these events, a lengthy spell in prison (and not suspended sentences) are surely the only answer.

Roger Lawson

Reference 1: https://freedomfordrivers.blog/2018/12/19/demonstrations-blocking-roads-and-why-the-police-do-nothing/

Reference 2: Daily Mail article on the M25 demonstrations: https://www.dailymail.co.uk/news/article-9984953/Motorists-clash-Insulate-Britain-climate-activists-blocking-M25.html

Reference 3: Police, Crime, Sentencing and Courts 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

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Is the Police Bill Disproportionate?

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After the events over the weekend in Bristol, which effectively degenerated into a riot with several police officers injured, it’s worth considering the issues raised. The demonstrations under the banner “Kill the Bill” (a very provocative phrase as Bill is often used as a name for the police), were aimed at stopping the passage of the Police, Crime, Sentencing and Courts Bill through Parliament. This is a long and complex piece of legislation but you can read a summary of it by the BBC here: https://www.bbc.co.uk/news/uk-56400751

Apart from the fact that the Bristol demonstrations were a clear breach of the Covid regulations re public gatherings, this legislation to tighten up the rules around public demonstrations was surely long overdue. In fact after the campaigns by Extinction Rebellion which closed bridges across the Thames in London in 2018, I wrote to Cressida Dick (head of the Metropolitan Police) on the issue. This is some of what I said: “These [demonstrations] have caused very considerable disruption to traffic which the police have done nothing about apparently. Obstructing the public highway is an offence, as presumably you are well aware, so why are the police not intervening to stop these demonstrations?”

I got a long and complex reply effectively saying the current state of the law made it difficult to halt these events. The new legislation is clearly aimed at giving the police clearer powers which is surely to be welcomed.

I don’t think anyone objects to peaceful demonstrations that enable protestors to bring issues to the attention of the public. But when they obstruct traffic, close roads, or otherwise harass people going about their normal business then it is time to step in to stop them.

Roger Lawson

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