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Simon Meechan

What the new protest law means as Police Crime and Sentencing Act is approved

Police can now set noise and time limits for protests under controversial new powers included in a new law. The Police Crime and Sentencing Act was passed by Parliament in late April.

The measure to limit noise was objected to by peers in the House of Lords, but after sending the bill back to the House of Commons for the final time, the restriction was kept.

The new law is not entirely aimed at protests, there are new powers to hand stricter sentences to people who murder children or cause deaths by driving and stricter penalties for those who attack emergency service workers.

Read more: County Durham MPs clash in House of Commons bar

Downing Street says the new law will help police manage protests and assist them to "balance the rights of protesters against the rights of others to go about their daily business and to dedicate their resources to keeping the public safe".

But critics say police powers could be used to silence demonstrations and infringes on freedom of speech rights. A change to stop and search rules to allow police to search people without suspicion has will "entrench racism", Amnesty International argues.

What does the Police, Crime, Sentencing and Courts Act mean for protests?

The new law gives police extra powers to place restrictions on protests.

Police can set start and finishing times for demonstrations, set a maximum noise level, and the actions of one individual can now be considered a "protest". The final point means one person could be fined £2,500 for breaking the rules, even if they are protesting alone.

Now, "intentionally or recklessly causing a public nuisance" is an offence, which aims to stop demonstrators occupying buildings, blocking roads, or hanging off bridges.

The new law also makes it clear that pulling down monuments can end in a 10-year prison sentence. It comes after the statue of slave trader Edward Colston was toppled by Black Lives Matter protesters in Bristol.

Could police stop protests before the new law?

Previously, police had to prove a planned demonstration would lead to "serious public disorder" or damage or disruption. They could restrict protest marches to certain routes, which were often agreed in advance with organisers.

Why is the new protest law controversial?

As the idea of a protest is usually to make your voice heard, slapping them with a noise limit has been slammed by opponents to the bill.

Labour frontbencher Lord Coaker said police already had sufficient powers, adding: “The ‘too noisy’ provision is nonsense. Protests are about noise.”

He added: “The provision is ridiculous. It won’t work and it’s something that’s not needed.”

Liberal Democrat Lord Paddick, a former deputy assistant commissioner in the Metropolitan Police, said: “Asking the police to anticipate what noise levels a protest that has yet to take place might result is likely to bring the police into unnecessary and unavoidable conflict with the public, further undermining the trust and confidence the police rely on to be effective.

“The more popular the protest the more likely it is to be noisy and the more likely it is to be banned.”

Parliament's Joint Committee on Human Rights has described the bill, before it was passed, as "oppressive".

Expanding stop and search has its critics too, with Amnesty International saying it will "entrench racism". Statistics published by Gov.uk show that between April 2019 and March 2020, there were six stop and searches for every 1,000 White people, compared with 54 for every 1,000 Black people.

Speaking as the law was passed, Home Secretary Priti Patel said: "Today is a landmark moment for the people of our country. The measures we promised to introduce to cut crime and make are streets safer are now law.

"Passing the Police, Crime, Sentencing and Courts Act is integral to our Beating Crime Plan and delivers on our commitments to back the police, level up the entire country and give everyone the security of a safe street and home.

"This act will support the 20,000 additional police recruits that will be in place this time next year to reduce serious violence, including knife crime and domestic abuse, and make sure the very worst criminals are thrown behind bars for the longest possible time."

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