a website for information about initiatives to repeal the severe restrictions
on freedom to protest contained in the Serious Organised Crime and Police Act 2005

“Freedom does not die in one blow, it dies by inches in public legislation.”

Lord Strathclyde (Con) 15/11/06

The Serious Organised Crime and Police Act 2005

For details of government and parliamentary consultations, committees and reports (from 2006) about repealing SOCPA see here

What the legislation is and how it came into being

The Serious Organised Crime and Police Act contains a number of measures that have severely restricted our freedom to protest near Parliament and a range of other 'sensitive' sites.

The most controversial of the restrictions is the ban on unauthorised protest in a large 'designated area' around Parliament under sections 132-138 of SOCPA. However, there are also a growing number of 'designated sites' within which trespass is now a criminal offence under sections 128-131 of SOCPA. Currently these extend to a number of military bases, royal, governmental and parliamentary sites. SOCPA also includes a range of other measures related to harassment and 'interference with contractual relationships' which are currently being used to clamp down on animal rights protests and to impose harsh penalties including substantial periods of remand and prison sentences.

In the 'designated area' around Parliament: in order to hold a demonstration near Parliament the law says that 6 days notice must be given to the Metropolitan Commissioner (or 24 hours if 6 days was not 'reasonably practicable'). He must then allow the demonstration but may impose conditions upon it. The conditions can be changed without notice on the day by any senior police officer. One of the considerations is 'disruption to the life of the community' - a catch-all category that allows the police to stop almost any protest (processions organised under the Public Order Act 1986 are exempt). Loudspeakers are banned except for use by those in various positions of authority.

A person guilty of an offence 'is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both.' An amendment to SOCPA brought in under the Serious Crime Act 2007 will also make a person 'intentionally encouraging or assisting an offence' liable to the same penalties. See below for more details.

In 'designated sites' (around named military bases and government and royal properties): it is now a criminal offence to trespass on a 'designated site'. A site may be designated by the Home Secretary if it is Crown land, is 'land belonging to Her Majesty in Her private capacity or to the immediate heir to the Throne in his private capacity' or 'it appears to the Secretary of State that it is appropriate to designate the site in the interests of national security' - another catch-all category.

A person guilty of an offence 'is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.' See below for more details.

The legislation

Sections 128-138 of SOCPA which relate to restrictions on protest at 'designated sites' (military bases and a range of government and royal sites) and in the 'designated area' around Parliament.

The Statutory Instrument that defines the 'designated area' around Parliament in which it is illegal to protest without police permission

The Statutory Instrument that defines 'designated sites' around military bases in which trespass is a criminal offence

The Statutory Instrument that defines the 'designated sites' around government and royal buildings in which trespass is a criminal offence

See a full list of sites designated under s128 SOCPA including military bases, other defence sites, civil sites, nuclear power stations, royal, governmental and parliamentary sites

View a map of the 'designated area' and details of how to apply for permission from the Metropolitan Police.

Amendment to Section 136 of SOCPA made in the Serious Crime Act 2007 which makes 'intentionally encouraging or assisting an offence' under Sections 132 of SOCPA (protesting with police authorisation in the vicinity of Parliament) liable to imprisonment for up to 51 weeks, to a fine up to £2500 or to both. See implications of this.

Parliamentary proceedings related to SOCPA passing through Parliament 2003-05


Oct 2005: The House of Commons Standing Committee on Delegated Legislation This cross party committee considered the 'designated area' drawn up by the Home Office - SOCPA's critics lost only by a narrow margin.
The Serious Organised Crime and Police Act 2005 receives Royal Assent on 7 April 2005 See Explanatory Notes to Serious Organised Crime And Police Act 2005

Lords debate on 5 April/6 April 05

See what Lords said for good quotes.

 Although amendments were put forward in the Lords, only the government's own went through - allowing a 24 hour notice period if a 6 day notice period was not 'reasonably practicable'.
Second reading of the Bill in the Lords, March 2005  

Commons debate on 7 Feb 05.

See here if your MP voted with the Government in favour of this legislation (a number of so-called 'radical' MPs voted 'aye').

See what MPs said for good quotes.

See some analysis on the Government's dirty tricks to get this Bill through.

During this debate the Government put forward its own amendments to the Bill, over-riding any amendments by MPs which were aimed at lessening its impact. The amendments totally rewrote the legislation relating to 'behaviour in the vicinity of Parliament' (as the Government realised the original draft was completely unworkable) so that 6 days notice of a demonstration would have to be given to the Metropolitan Commissioner, who would be able to say whether a demo should go ahead or not and, if it was allowed, put severe restrictions on it. The restrictions could be changed without notice on the day by any senior police officer. One of the considerations is 'disruption to the life of the community' - a catch-all category that could allow the Commissioner to stop almost any protest (processions organised under the Public Order Act 1986 are exempt). Loudspeakers are banned except for use by those in various positions of authority. The 'designated area' around Parliament to which these restrictions could apply remains 1km.
Commons committee looks at the Bill, January 2005. This committee considered the first draft of the bill which would have made it an offence if a person was "hindering any person from entering or leaving the Palace of Westminster", "hindering the proper operation of Parliament", or "spoiling the visual aspect, or otherwise spoiling the enjoyment by members of the public, of any part of the designated area." The designated area could be up to 1km from Parliament Square. The Committee raised a number of objections to the substance and aims of these clauses and also pointed out the ludicrous position that would occur if any single police officer was responsible for determining if an activity around Parliament was spoiling the view.
The Government's Response to the Committee's Third Report of Session 2002-03, May 2004. A response to the Select Committee on Procedure - see below. In a consultation document called 'Modernising Police Powers to Meet Community Needs' (August 2004) the Home Office introduced the ideas of creating a new offence of harassment aimed at stopping protest outside people's homes and banning or controlling protest outside Parliament.
 
Select Committee on Procedure report in 2003 on Sessional Orders and Resolutions - or....how to deal with Brian Haw's protest!