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Serious Disruptive Prevention Orders (SDPOs)

Published:

29 June 2023

The Public Order Act 2023 (POA 2023) received Royal Assent on 02^nd May 2023.

Pursuant to sections 20-29 of the POA 2023, Serious Disruptive Prevention Orders (SDPO) are now in force.

If deemed necessary, courts will now have the power to impose prohibitions and/or requirements designed to prevent individuals causing serious disruption.

Helpful guidance is provided at:

Public Order Bill: factsheet – GOV.UK (www.gov.uk)

An SDPO on conviction may only be imposed when an individual, aged 18 or over, convicted of a protest related offence, has on a previous occasion within the relevant time period:

1. committed another protest related offence for which the individual was convicted, or

2. committed a protest related breach of an injunction for which the individual was found in contempt of court

The protest related offence for which the individual was convicted, and the previous offence or breach must relate to different protests or have taken place on different days.

Additionally, a court may only impose an SDPO on application by police where the court is satisfied that an individual over the age of 18 on at least two occasions in the relevant period has:

1. been convicted of a protest related offence, or

2. committed a protest related breach of an injunction for which the individual was found in contempt of court

The two occasions must relate to different protests or have taken place on different days.

For all these circumstances, the relevant period for consideration of convictions or behaviour will be five years prior to the day an SDPO is imposed. However, a court will only be able to look back to a person’s 16th birthday.

Prohibitions or requirements imposed on a person given an SDPO may include prohibiting an individual from being in a particular place, being with particular people, having particular articles in their possession and using the internet to facilitate or encourage person to commit a protest related offence.

Breach of an SDPO without reasonable excuse is a criminal offence carrying a maximum penalty of six months’ imprisonment, an unlimited fine, or both.

If you are at risk of being made the subject of a SDPO, please contact one of our lawyers in confidence to discuss your case.

Please contact the Public Defender Service at any one of our four offices. We are available 24hours a day, 365 days of the year.

Cheltenham: 01242 548270

Darlington: 01352 289480

Merthyr Tydfil: 01443 629724

Swansea: 01792 633 280