Diff: Criminal Justice and Public Order Act 1994
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The Criminal Justice and Public Order Act 1994 is a significant piece of legislation in the United Kingdom that addresses a wide range of criminal justice and public order issues. Enacted on 3 November 1994, the Act introduces amendments and new provisions to various areas of law, including criminal justice procedures, public order offenses, and policing powers. |
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The '''Criminal Justice and Public Order Act 1994''' is an Act of the Parliament of the United Kingdom. It made broad changes to criminal law, police powers, public order law, trespass-related offences, sentencing, and procedure. Several of its provisions remain important in England and Wales, especially section 60 stop and search powers, section 60AA powers concerning face coverings, rave directions, aggravated trespass, and trespassory assemblies. |
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== Key Provisions == |
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The Criminal Justice and Public Order Act 1994 encompasses a variety of provisions that impact criminal justice and public order, including: |
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The Act is often shortened to '''CJPOA 1994'''. |
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=== Trespass on Land === |
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The Act introduces provisions related to trespass on land, giving landowners and authorities increased powers to remove individuals who are residing on land without lawful authority. These provisions have been particularly relevant in cases of unauthorized encampments and protests. |
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== Background == |
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The Act was passed during the 1990s as part of a wider programme of criminal justice and public order reform. It dealt with a wide range of issues rather than one single topic. Some provisions concerned police powers and court procedure. Others were aimed at unauthorised encampments, large music events held without lawful permission, protest activity on land, and weapons-related risk in public places. |
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=== Raves and Unlicensed Music Events === |
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The Act includes provisions to address unauthorized raves and unlicensed music events. It grants police officers the authority to take action to prevent or disrupt such events, including powers to seize equipment and disperse crowds. |
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Because the Act covers many unrelated subjects, references to it should normally identify the relevant section. A statement about section 60 stop and search, for example, is not the same as a statement about aggravated trespass under section 68. |
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=== Public Order Offenses === |
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The Act amends and extends existing public order offenses, providing authorities with additional tools to manage protests, demonstrations, and gatherings. It introduces new offenses related to disorderly behaviour, violent conduct, and causing harassment, alarm, or distress. |
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== Stop and Search Powers == |
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Section 60 allows a senior police officer to authorise stop and search powers in a defined locality for a limited period. The power is connected to serious violence, offensive weapons, and dangerous instruments. |
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=== Police Powers === |
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The Act enhances police powers, allowing officers to take action to prevent and manage disorderly conduct and breaches of the peace. It grants authorities the ability to impose conditions on assemblies and processions, and it introduces powers to require individuals to remove face coverings. |
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Once a section 60 authorisation is in force, a constable in uniform may stop and search pedestrians and vehicles for offensive weapons or dangerous instruments. The power can be used without the ordinary requirement for individual reasonable grounds to suspect that the particular person or vehicle is carrying a weapon. That makes section 60 stronger than ordinary stop and search powers, but it depends on a valid authorisation and is limited by time and locality. |
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=== Criminal Justice Procedures === |
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The Act introduces changes to criminal justice procedures, including provisions related to bail, cautions, and the handling of offenders. It includes measures to address youth justice and criminal sentencing. |
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The authorisation can initially last up to 24 hours. A superintendent may extend it for a further period where the statutory conditions are met. |
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=== Squatting === |
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The Act amends the law related to squatting, making it a criminal offense to reside in a residential building without permission. This provision aims to address issues of unauthorized occupation and protect property rights. |
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== Face Covering Powers == |
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Section 60AA allows police, where the statutory conditions are met, to require a person to remove an item reasonably believed to be worn wholly or mainly to conceal identity. It also allows seizure of an item reasonably believed to be intended for that purpose. |
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== Offences under the Criminal Justice and Public Order Act 1994 == |
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The Criminal Justice and Public Order Act 1994 is a piece of legislation in the United Kingdom that addresses various aspects of criminal justice, public order, and civil liberties. The act introduces several offences to regulate behaviour and maintain public order. Below are some notable offences established under the Criminal Justice and Public Order Act 1994, along with their descriptions and potential penalties: |
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The power is commonly linked with public-order operations, protest policing, football disorder, and events where police believe offences may occur and identity concealment is being used to frustrate enforcement. It is not a general ban on face coverings. It depends on an authorisation or an applicable section 60 situation, and it must be exercised within the limits of the section. |
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=== 1. Trespassory Assemblies (Section 61) === |
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This section grants police officers the authority to order individuals to leave an area where a trespassory assembly is taking place. Failure to comply with the order is an offence. |
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== Trespass and Land Provisions == |
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The Act contains several provisions involving trespass and land. The Crown Prosecution Service guidance notes that trespass is not, by itself, normally a criminal offence, but some offences include trespass as a required element. |
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Penalty: A person who fails to leave the specified area when ordered may be liable to arrest and prosecution. |
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Section 61 gives police powers to direct trespassers to leave land in specified circumstances, especially where groups are trespassing with vehicles and the statutory conditions are met. Later amendments changed parts of that regime, including the period during which return can be an offence in some cases. |
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=== 2. Raves (Section 63) === |
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This section provides powers to police officers to take action to prevent or disperse unauthorized gatherings involving music, dancing, or similar activities. |
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Sections 62A and 62B deal with directions where an alternative site is available. These provisions are aimed at particular unauthorised encampment situations and should not be treated as a general power against all trespassers. |
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Penalty: Organizing, participating in, or assisting in organizing such gatherings may result in penalties, including fines or imprisonment. |
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== Raves == |
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Sections 63 to 65 deal with police powers connected to raves. Section 63 defines a rave for this purpose in terms of a gathering with amplified music that is likely, because of its loudness, duration, or timing, to cause serious distress to local inhabitants. The Act famously includes music characterised by repetitive beats. |
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=== 3. Squatting in Residential Buildings (Section 144) === |
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This section criminalizes squatting in residential buildings, making it an offence for a person to enter or remain in a residential building as a trespasser. |
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The powers allow senior officers to direct people to leave land where the statutory conditions are met, including cases involving people preparing for, waiting for, or attending a rave. Failure to comply with a direction, or returning within the prohibited period, can be an offence. |
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Penalty: Offenders can face arrest, prosecution, fines, or imprisonment. |
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== Aggravated Trespass == |
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Section 68 created the offence of [[Aggravated Trespass|aggravated trespass]]. A person commits the offence if they trespass on land and do an act in relation to lawful activity on that or adjoining land with the intention of intimidating, obstructing, or disrupting someone engaged in that lawful activity. |
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=== 4. Aggravated Trespass (Section 68) === |
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[[Aggravated Trespass|Aggravated trespass]] involves disrupting a lawful activity or obstructing a person engaged in a lawful activity on land. |
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This offence is often relevant to protest cases, but it is not limited to protests. It can apply wherever the elements are made out. The prosecution must prove the trespass, the act, the connection to lawful activity, and the required intention. |
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Penalty: Conviction for aggravated trespass can result in fines or imprisonment. |
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Section 69 creates a related offence of failing to comply with a direction to leave land in aggravated trespass situations. |
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=== 5. Trespass with the Intention to Commit a Criminal Offence (Section 69) === |
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This section addresses trespass with the intention of committing an offense. It applies to those who have an intention to commit a criminal offense on the premises. |
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== Trespassory Assemblies == |
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Sections 70 and 71 amended the [[Public Order Act 1986]] by adding powers and offences relating to trespassory assemblies. These provisions are concerned with assemblies involving trespass on land where serious disruption or significant damage to land, buildings, or monuments is anticipated. |
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Penalty: Offenders may face arrest, prosecution, and potential penalties, including fines or imprisonment. |
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The provisions sit alongside ordinary protest law. Police and prosecutors must still consider the facts, statutory thresholds, and rights to freedom of expression and assembly. |
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=== 6. Possession of Articles with Intent to Cause Criminal Damage (Section 65) === |
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Possession of articles with the intent to cause criminal damage is an offence under this section. It applies to individuals found with items intended for use in causing damage to property. |
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== Squatting Distinction == |
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The 1994 Act should not be confused with the modern offence of squatting in a residential building. That offence is found in section 144 of the [[Legal Aid, Sentencing and Punishment of Offenders Act 2012]], not in the Criminal Justice and Public Order Act 1994. |
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Penalty: Conviction may lead to penalties, including fines or imprisonment. |
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The distinction matters because "trespass", "aggravated trespass", "unauthorised encampment", and "squatting in a residential building" are different legal ideas with different elements. |
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=== 7. Interference with Motor Vehicles (Section 66) === |
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This section addresses interference with motor vehicles, including tampering with vehicles, endangering road users, or obstructing a person in lawful control of a vehicle. |
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== Practical Examples == |
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=== Section 60 Area === |
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Police receive intelligence that two groups are expected to fight in a town centre with knives. An inspector authorises section 60 for a defined area and period. A uniformed constable may stop and search people in that area for weapons even without individual reasonable grounds for each person, provided the search stays within the authorisation. |
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Penalty: Individuals found guilty may face fines, imprisonment, or other penalties. |
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=== Face Covering Direction === |
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During a disorder operation, a person wears a mask that officers reasonably believe is mainly being used to conceal identity. If a section 60AA authorisation applies, a constable may require removal of the mask and may seize it if the statutory conditions are met. |
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== Controversies and Impact == |
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The Criminal Justice and Public Order Act 1994 has been the subject of significant controversy and debates. Critics argue that certain provisions, such as those related to trespass and public order offenses, have the potential to restrict civil liberties and curtail the right to protest. The Act's measures to address raves and unlicensed music events have also sparked discussions about the balance between public safety and individual freedoms. |
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=== Protest on Private Land === |
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A protester walks onto private commercial premises and deliberately blocks staff from carrying out lawful work. Depending on the facts, that may raise aggravated trespass. A person merely standing on land without the required intention would not automatically commit section 68. |
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The Act has had a substantial impact on the legal landscape, shaping how authorities manage public order, address criminal behavior, and exercise policing powers. It has influenced discussions about the appropriate boundaries of police authority and the rights of individuals in various contexts. |
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== See Also == |
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* [[Aggravated Trespass]] |
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* [[Trespass]] |
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* [[Offensive weapon]] |
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* [[Public Order Act 1986]] |
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* [[Police and Criminal Evidence Act 1984]] |
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== References == |
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* [https://www.legislation.gov.uk/ukpga/1994/33 Criminal Justice and Public Order Act 1994] |
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* [https://www.legislation.gov.uk/ukpga/1994/33/section/60 Criminal Justice and Public Order Act 1994, section 60] |
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* [https://www.legislation.gov.uk/ukpga/1994/33/section/60AA Criminal Justice and Public Order Act 1994, section 60AA] |
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* [https://www.legislation.gov.uk/ukpga/1994/33/section/63 Criminal Justice and Public Order Act 1994, section 63] |
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* [https://www.legislation.gov.uk/ukpga/1994/33/section/68 Criminal Justice and Public Order Act 1994, section 68] |
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* [https://www.cps.gov.uk/prosecution-guidance/trespass-and-nuisance-land Crown Prosecution Service: Trespass and nuisance on land] |
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* [https://www.legislation.gov.uk/ukpga/2012/10/section/144 Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 144] |
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[[Category:Law]] |
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[[Category:Criminal law]] |
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[[Category:UK law]] |