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, primarily concerns police stop and search powers. The House of Lords attempted to remove these powers, but the House of Commons disagreed, leading to a compromise that introduces greater transparency and accountability regarding their use.
Description
The core issue centers around Clause 11 of the Public Order Bill, granting police stop and search powers. The Lords initially sought to remove this clause entirely. The Commons rejected this, maintaining the powers but agreeing to amendments focusing on increased transparency and accountability. These amendments (6H and 6J) mandate that officers provide their name, badge number, and relevant stop details to individuals searched (6H). Furthermore, police forces must establish a public charter within a year detailing the use of these powers, including consultation with local communities, independent evaluation, and clarification on body-worn video usage. Annual reports on usage, broken down by location, are also required, along with a statement of reasons for each use within one month of its occurrence (6J). Amendments affecting the rank of the officer authorizing searches and the duration of certain aspects of the powers were also debated and altered.
Government Spending
The bill is not expected to significantly increase or decrease government spending. The costs associated with implementing the new transparency and accountability measures (charter development, reporting, etc.) are likely to be absorbed within existing police budgets.
Groups Affected
The bill primarily affects:
- Police forces: They are responsible for implementing the new procedures, including creating and publishing charters, reporting usage data, and ensuring officers comply with the new requirements.
- Members of the public: Individuals subject to stop and search will experience greater transparency regarding the process, with officers required to identify themselves and provide relevant details. The creation of public charters provides an opportunity for increased community involvement and scrutiny.
- Civil liberties groups: The bill's changes may influence their assessment of police practices related to stop and search. The introduction of greater accountability features might address some concerns raised by these groups.
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