On Serious Disruption Prevention Orders

Serious Disruption Prevention Orders (SDPOs) came into force in England and Wales on 5 April 2024, as part of the 2023 Public Order Act. The new power introduces a new legal mechanism for police forces to address protest-related offences and maintain public order.

The expansion of existing powers for the purpose of preventing disruption allows police forces to target individuals on the basis of preventing them from causing repeated ‘disruption’. This includes things like imposing restraints on individuals who have previously committed protest-related offences or ignored court-imposed restrictions. NetPol's explainer webpage defines them as 'essentially anti-protest banning orders that can prevent an individual from associating with particular people (including contacting them online), going to certain areas, attending protests, or encouraging others to protest', and expect that the courts will see the first SDPO convictions issued from 2025.

SDPOs allow for a range of restrictions to be imposed on individuals, including limitations on their movements, activities, and online behaviour. The criteria for imposing SDPOs include previous involvement in protest-related offences or breaches of court orders.

Breaching an SDPO constitutes a criminal offence, carrying a maximum penalty of six months in prison and / or an unlimited fine. This represents a significant escalation in the legal consequences for individuals involved in protest-related disruption.

The introduction of SDPOs is justified by the government as necessary to address individuals dedicated to causing severe disruption to the public's everyday lives. This aligns with the broader government effort to crack down on disruptive protests, as evidenced by other measures such as criminalising certain protest activities and preventing the use of protest as a defence for criminal offences.

SDPOs can be imposed on individuals over 18 years old who have received two protest-related convictions or breached an injunction within five years of the order coming into force.

Yes. The police can consider any two convictions for protest-related offences committed from the age of 16 when imposing SDPOs, even if they don’t involve causing ‘serious disruption’ through protesting.

SDPO can be applied for by the prosecution as part of the sentencing stage after conviction, or at any time by the police if they believe the criteria for ‘two convictions’ have been met.

While Home Office guidance aims for SDPOs to target the most prolific offenders, concerns arise regarding the potential broader surveillance net cast by police, potentially affecting many individuals beyond those with extensive protest-related records.

Courts have broad discretion to impose prohibitions or restrictions, including internet usage restrictions and requirements for daily police station attendance during protest weeks. Compliance monitoring may involve personal device inspection and social media scrutiny.

SDPOs can last from one week to two years and are renewable once, with penalties for breach including imprisonment for up to six months or an unlimited fine.

Uncertainty surrounds legal aid provision for challenging SDPOs, particularly for cases initiated by the police rather than during sentencing, posing challenges for those facing SDPOs without legal representation