Public Order Act 2023
Official Summary
A Bill to make provision for new offences relating to public order; to make provision about stop and search powers; to make provision about the exercise of police functions relating to public order; to make provision about proceedings by the Secretary of State relating to protest-related activities; to make provision about serious disruption prevention orders; and for connected purposes.
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Overview
The Public Order Bill, as amended after disagreements between the House of Commons and the House of Lords, primarily focuses on refining police stop and search powers. The Lords initially sought to remove these powers entirely, but the Commons disagreed and the final version includes amendments to increase transparency and accountability in their use.
Description
The core of the amendments centers around Clause 11, which grants police stop and search powers. The Lords initially wanted to remove the entire clause but ultimately conceded after the Commons' objections. Key changes agreed upon include: raising the minimum rank of the authorizing officer from inspector to chief superintendent (Amendments 6B, 6E); removing a subsection (Amendment 6C); altering the timeframe before reviewing the use of powers (Amendment 6D); and mandating the chief superintendent to inform the public when these powers are being actively used (Amendment 6F). The Lords and Commons also agreed on additions mandating officers to provide their names, badge numbers and relevant stop details to those being searched (Amendment 6H); requiring police forces to create community-consulted charters on stop and search usage, including explanations on the use of body-worn video footage and yearly independent evaluations (Amendments 6J, 9A, 9B, 9C); and requiring the publishing of a statement of reasons within one month of using the powers (Amendment 9D).
Government Spending
The bill is not expected to significantly impact government spending. The amendments primarily concern procedural changes and increased accountability measures within existing police operations, rather than involving large-scale financial commitments.
Groups Affected
The bill primarily affects:
- Police officers: The amendments increase the responsibilities of police officers regarding stop and search, requiring more detailed record-keeping, public notification, and adherence to new charters.
- Members of the public: Individuals subjected to stop and search will receive more information about the officers involved and the reasons for the stop. There will also be greater public oversight and transparency of stop and search practices.
- Local communities: Local communities will be involved in developing and evaluating the new stop and search charters.
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