The Police, Crime, Sentencing and Courts Bill: Everything you need to know

As part of efforts to overhaul the justice system, the Government is proposing a raft of measures in its Police, Crime, Sentencing and Courts Bill, which passed its second reading in the House of Commons on Monday.

It includes plans to give police more powers to tackle non-violent protests which cause significant disruption to the public or on access to Parliament.

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Sir Peter Fahy, former Greater Manchester Police chief constable told Times Radio there was a “real danger” that rushed legislation could make the job of the police “more difficult”, adding: “People need to be really worried about this.”

He said: “If we’ve learned one thing this weekend, it’s the right to protest, the right to gather, the right to have a voice is fundamental to our democracy, and particularly British democracy.

“And bringing in legislation on the back of the Black Lives Matter and Extinction Rebellion demonstrations, rushing that legislation through, putting in some really dodgy definitions which the police are supposed to make sense of…

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"If we’ve learned one thing from the coronavirus legislation, (it) is that rushed legislation and unclear definitions cause huge confusion for the public and for the police having to enforce it.

“This weekend has shown the crucial importance of the right to protest, and you’ve got to be really wary of more legislation being rushed through just because certain politicians didn’t like certain protests during the summer.”

The Bill received a second reading by 359 votes to 263, majority 96. It will undergo further scrutiny at a later stage.

Here are your key questions answered: 

Will the police have more power under the Bill?

The legislation looks to toughen up powers police have to tackle “non-violent” protests which are significantly disruptive to the public or on access to Parliament.

Meanwhile the Government is also seeking to increase the maximum penalty for criminal damage to a memorial from three months to 10 year under the Bill.

The laws could also see police have more powers for cracking down on unauthorised encampments which interfere with the ability to use land, which is said to have a disproportionate impact on Gypsy, Traveller and Roma communities. 

Officers could also be allowed to stop and search people more if plans for serious violence reduction orders go ahead.

This would make it easier to carry out checks on those who have previously been convicted of carrying a knife.

The wide-ranging Bill includes plans to bring in tougher sentences for child killers and those who cause death on the roads, longer jail terms for serious violent and sexual offenders, and expand child sex abuse laws to ban religious leaders and sports coaches from having sex with 16- and 17-year-olds in their care.

How will this impact protests?

Ramping up police powers to tackle protests which are significantly disruptive is a measure that has been heavily criticised. The proposed law includes an offence of “intentionally or recklessly causing public nuisance”.

According to the Bill, someone commits this crime if they cause “serious harm to the public”, which can include “serious annoyance, serious inconvenience or serious loss of amenity”. Those convicted could face a fine or jail.

The plans could also see police given powers to impose more conditions on static protests, like time and noise limits, and extend the rules to one-person demonstrations.

Police and legal figures have warned this could pose a threat to democracy.

2017 Reclaim the Streets protest in Leeds. Picture: Feminist Archive North/Paula Smith

Labour MP Nadia Whittome (Nottingham East) said the Government is only introducing further restrictions on protests as Priti Patel “despises” Black Lives Matter and Extinction Rebellion.

Human rights barrister Adam Wagner, of Doughty Street Chambers, warned the Bill could “hugely expand” police powers to “allow them to stop protests which would cause ‘serious unease’ and create criminal penalties for people who cause ‘serious annoyance’.”

He added: “This would effectively put the current situation where Covid regulations have given police too much power over our free speech rights on a permanent footing.”

But policing minister Kit Malthouse said ministers were proposing “quite mild” changes to public order laws which have not been updated since the mid-1980s to remove “anomalies and loopholes” so conditions on marches and processions also apply to static protests.

He said this was “taking steps to protect the operation of our democracy” to stop those seeking to prevent others from attending court or voting in the House of Commons.

Protest and freedom of speech was “absolutely fundamental to our democracy” but has to be “balanced” against the rights of others and the operation of democracy, which is “even more vital”, he added.

How does the Bill protect victims?

The Bill seeks to reverse bail reforms which led to suspects accused of serious and violent crimes being released without restrictions and instead imposing conditions if they could pose a risk to victims, witnesses or the public.

Laws could also be introduced to allow police to obtain search warrants to help find human remains where it is not possible to bring about a prosecution, such as where a suspect has died, is unfit to plead or has already been convicted of the offence in absence of a body.

Are there plans to provide more protection for police officers?

Yes, Home Secretary Priti Patel wants to double the maximum sentence for assaulting an emergency worker to two years and enshrine a Police Covenant in law to protect serving and retired officers and their families.

What are the other measures proposed in the Bill?

The amount of time offenders can be subject to curfews could be doubled to two years. 

A legal duty could be placed on councils, police, criminal justice bodies, health and fire services to tackle serious violence and share intelligence and data.

Homicide reviews could be carried out for deaths of adults involving offensive weapons to try and better understand and prevent violent crime.

Profoundly deaf people could be allowed to sit on juries for the first time by allowing a British sign language interpreter into a jury deliberation room.