The Serious Organised Crime and Police Act

The Serious Organised Crime and Police Act gives the police wider powers of arrest and restricts the right to public protest.

S128 of SOCPA (2005) applies to Northern Ireland if a person enters any designated site as a trespasser. It is the Secretary of State for Northern Ireland who has the power to designate the site, e.g. in relation to national security. Campaigners – in light of dissident republican activity – should liaise closely with the PSNI and the Parades Commission when considering assemblies, etc, close to areas of national security, which could become designated sites.

For campaigners travelling to campaign/protest at Westminster, then the relevant provisions of SOCPA apply. Campaigners should also be aware that Article 26 of The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 gives a police officer power to arrest without a warrant:

Anyone who is about to commit an offence
Anyone who is in the act of committing an offence
Anyone whom he has reasonable grounds for suspecting to be about to commit an offence
Anyone whom he has reasonable grounds for suspecting to be committing an offence

Whilst parts of this act do apply to Scotland, mostly it is not the parts which relate to campaigning. Aspects of SOCPA which extend to Scotland and are relevant to campaigners are the creation of the Serious Organised Crime Agency (SOCA), investigatory powers of the Director of Public Prosecutions (DPP), financial reporting, protection of witnesses, proceeds of crime, provision of information for use by police staff, access to designated sites, vehicle registration. The full list is in the 'Extent' section of the legislation (section 179).

The Serious Organised Crime and Police Act (2005), more commonly known as SOCPA, is a highly significant and wide-ranging piece of legislation. Most significant to campaigners is that SOCPA:

Gives the Police much wider powers of arrest than they previously had (indeed the act abolished the concept of ‘arrestable offence’, in effect meaning that a Police constable now have powers of arrest under a much broader set of criteria).

This part of SOCPA, section 110, does not apply in Scotland.
Restricts the rights to public protest within a ‘designated area’ of a kilometre around Parliament (which also therefore includes Trafalgar Square, an iconic and important place for protest for almost 200 years). Protestors have to apply to the Police six days before, or if that is not possible, no less than 24 hours in advance. SOCPA has been heavily criticised by campaigners, civil libertarians, and even MPs for suppressing political dissent.

This part of SOCPA, ss132-138, also does not apply in Scotland, although it is still obviously relevant to Scottish campaigners coming to Westminster. However s129 creates a corresponding Scottish offence of unlawful entry onto a designated Scottish site.

Also, the Protection from Harassment Act 1997, widened the concept of what could be deemed as harassment. According to the campaigner George Monbiot, SOCPA meant that protest that is otherwise completely legal, could be banned under the amended harassment laws.

The Prime Minister, Gordon Brown, has publicly stated that this aspect of SOCPA (namely sections 132-138) will be reviewed. The stated aims of this review are to create a better balance between the right to protest and the Police’s powers to keep the peace. A consultation document, ‘Managing protest around Parliament' was launched in October 2007.

In July 2009 clause 32 of the new Constitutional Reform and Governance Bill provided for (which basically means, the Government is proposing) repeal of sections 132 to 138. At the time of writing the legislation is still at 'Bill' stage, which means that it has not yet law. As with any Bill, it may well be revised before being made law, or even thrown out by the House of Commons or House of Lords. Campaign Central will be updated as soon as there is more news.

The Serious Organised Crime and Police Act

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