Rights and LimitsProtest and public orderThe Public Order Act 2023: locking on, tunnelling, and the newer offences
The Public Order Act 2023: locking on, tunnelling, and the newer offences
What you must do, and what you can refuse
Every claim below links to the law it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
Attaching yourself, another person, or an object to another person, an object, or land is the offence of locking on if that act causes, or is capable of causing, serious disruption to two or more people or an organisation, and you intend that or are reckless as to it.
Up to 51 weeks’ imprisonment, a fine, or both, on summary conviction.
Public Order Act 2023, s.1 — offence of locking on
“A person commits an offence if— attach themselves to another person, to an object or to land— that act causes, or is capable of causing, serious disruption to— two or more individuals— an organisation, in a place other than a dwelling— they intend that act to have a consequence mentioned in paragraph (b) or are reckless as to whether it will have such a consequence— It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the act mentioned in paragraph (a) of that subsection— A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both”
Read it at legislation.gov.ukquote checked 2026-09-02
Carrying an object away from a dwelling, intending it might be used for locking on, is a separate offence in its own right — whether or not it is ever used that way.
A fine only.
Public Order Act 2023, s.2 — offence of being equipped for locking on
“A person commits an offence if they have an object with them in a place other than a dwelling with the intention that it may be used in the course of or in connection with the commission by any person of an offence under section 1— A person who commits an offence under subsection (1) is liable on summary conviction to a fine”
Read it at legislation.gov.ukquote checked 2026-09-02
Creating, or helping to create, a tunnel is the offence of causing serious disruption by tunnelling if its creation or existence causes, or is capable of causing, serious disruption to two or more people or an organisation, and you intend that or are reckless as to it.
Up to 3 years’ imprisonment on indictment.
Public Order Act 2023, s.3 — offence of causing serious disruption by tunnelling
“A person commits an offence if— they create, or participate in the creation of, a tunnel— the creation or existence of the tunnel causes, or is capable of causing, serious disruption to— two or more individuals— an organisation, in a place other than a dwelling— It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for creating, or participating in the creation of, the tunnel— a person is to be treated as having a reasonable excuse for the purposes of that subsection if the creation of the tunnel was authorised by a person with an interest in land which entitled them to authorise its creation— A person who commits an offence under subsection (1) is liable— on conviction on indictment, to imprisonment for a term not exceeding 3 years, to a fine or to both”
Read it at legislation.gov.ukquote checked 2026-09-02
Carrying an object away from a dwelling, intending it might be used for tunnelling, is a separate offence from digging the tunnel itself.
Public Order Act 2023, s.5 — offence of being equipped for tunnelling
“A person commits an offence if they have an object with them in a place other than a dwelling with the intention that it may be used in the course of or in connection with the commission by any person of an offence under section 3— A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both”
Read it at legislation.gov.ukquote checked 2026-09-02
Obstructing the undertaker in constructing or maintaining major transport works — works whose construction is authorised directly by an Act of Parliament, or that comprise development granted development consent by an order under the Planning Act 2008 — is an offence.
It is a defence to prove you had a reasonable excuse for the act, or that it was done wholly or mainly in contemplation or furtherance of a trade dispute.
Public Order Act 2023, s.6(1), (2), (3), (6) — obstruction etc of major transport works, its reasonable-excuse and trade-dispute defences, and "major transport works" defined
“A person commits an offence if the person— obstructs the undertaker or a person acting under the authority of the undertaker— in constructing or maintaining any major transport works— It is a defence for a person charged with an offence under subsection (1) to prove that— they had a reasonable excuse for the act mentioned in paragraph (a) or (b) of that subsection, or— the act mentioned in paragraph (a) or (b) of that subsection was done wholly or mainly in contemplation or furtherance of a trade dispute— A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both— In this section— major transport works— means— works in England and Wales— relating to transport infrastructure, and— the construction of which is authorised directly by an Act of Parliament, or— works the construction of which comprises development within subsection (7) that has been granted development consent by an order under section 114 of the Planning Act 2008”
Read it at legislation.gov.ukquote checked 2026-09-02
Doing an act that interferes with the use or operation of key national infrastructure is an offence if you intend that interference or are reckless as to whether it happens.
Up to 12 months’ imprisonment on indictment.
Public Order Act 2023, s.7 — interference with use or operation of key national infrastructure
“A person commits an offence if— they do an act which interferes with the use or operation of any key national infrastructure in England and Wales— they intend that act to interfere with the use or operation of such infrastructure or are reckless as to whether it will do so— on conviction on indictment, to imprisonment for a term not exceeding 12 months, to a fine or to both”
Read it at legislation.gov.ukquote checked 2026-09-02
Once a Serious Disruption Prevention Order is made against you, it must require you to notify the police — within 3 days of the order taking effect — of your name (and any other name you use), your home address, and the address of any other premises where you regularly reside or stay.
Public Order Act 2023, s.24(1), (2), (3) — mandatory notification requirements, and what must be notified
“A serious disruption prevention order made in respect of a person— must impose on P the notification requirements in subsections (2) and (4)— P must be required to notify the information in subsection (3) to the police within the period of 3 days beginning with the day on which the order takes effect— That information is— P's name on the day that the notification is given and, where P uses one or more other names on that day, each of those names— P's home address on that day— the address of any other premises at which, on that day, P regularly resides or stays”
Read it at legislation.gov.ukquote checked 2026-09-02
Failing without reasonable excuse to do what a Serious Disruption Prevention Order requires — or doing what it prohibits — is a separate criminal offence.
Up to 51 weeks’ imprisonment, a fine, or both, on summary conviction.
Public Order Act 2023, s.27(1), (2) — offence of breaching a serious disruption prevention order
“Where a serious disruption prevention order has effect in respect of a person— P commits an offence if P— fails without reasonable excuse to do anything P is required to do by the order— A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both”
Read it at legislation.gov.ukquote checked 2026-09-02
You can refuse
No penalty for saying no.
Create, or take part in creating, a tunnel without committing the tunnelling offence, if whoever holds the relevant interest in the land authorised its creation.
Public Order Act 2023, s.3 — offence of causing serious disruption by tunnelling
“A person commits an offence if— they create, or participate in the creation of, a tunnel— the creation or existence of the tunnel causes, or is capable of causing, serious disruption to— two or more individuals— an organisation, in a place other than a dwelling— It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for creating, or participating in the creation of, the tunnel— a person is to be treated as having a reasonable excuse for the purposes of that subsection if the creation of the tunnel was authorised by a person with an interest in land which entitled them to authorise its creation— A person who commits an offence under subsection (1) is liable— on conviction on indictment, to imprisonment for a term not exceeding 3 years, to a fine or to both”
Read it at legislation.gov.ukquote checked 2026-09-02
Lawful to refuse — but it costs you
Not an offence, but it carries a penalty or an inference.
Having a reasonable excuse is a defence to the locking-on offence — but the burden is on you to prove it, not on the prosecution to disprove it.
Public Order Act 2023, s.1 — offence of locking on
“A person commits an offence if— attach themselves to another person, to an object or to land— that act causes, or is capable of causing, serious disruption to— two or more individuals— an organisation, in a place other than a dwelling— they intend that act to have a consequence mentioned in paragraph (b) or are reckless as to whether it will have such a consequence— It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the act mentioned in paragraph (a) of that subsection— A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both”
Read it at legislation.gov.ukquote checked 2026-09-02
Having a reasonable excuse is a defence to the tunnelling offence — but the burden is on you to prove it, not on the prosecution to disprove it.
Public Order Act 2023, s.3 — offence of causing serious disruption by tunnelling
“A person commits an offence if— they create, or participate in the creation of, a tunnel— the creation or existence of the tunnel causes, or is capable of causing, serious disruption to— two or more individuals— an organisation, in a place other than a dwelling— It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for creating, or participating in the creation of, the tunnel— a person is to be treated as having a reasonable excuse for the purposes of that subsection if the creation of the tunnel was authorised by a person with an interest in land which entitled them to authorise its creation— A person who commits an offence under subsection (1) is liable— on conviction on indictment, to imprisonment for a term not exceeding 3 years, to a fine or to both”
Read it at legislation.gov.ukquote checked 2026-09-02
A second protest-related conviction within 5 years of the first can lead a court to make a Serious Disruption Prevention Order against you, on top of your sentence — requiring or prohibiting whatever the court considers necessary, for as long as the order lasts.
Public Order Act 2023, s.20(2), (3), (4), (6), (14) — order made on conviction, "the relevant period" defined as 5 years, and what the order may do
“The court dealing with P in respect of the current offence may make a serious disruption prevention order in respect of P if— the court is satisfied on the balance of probabilities that the current offence is a protest-related offence— the court considers it necessary to make the order for a purpose mentioned in subsection (5)— within the relevant period, P has— committed another protest-related offence for which P was convicted— In subsection (3)— the relevant period— means the period of 5 years ending with the day on which P is convicted of the current offence— requires P to do anything described in the order— prohibits P from doing anything described in the order— On making a serious disruption prevention order the court must in ordinary language explain to P the effects of the order”
Read it at legislation.gov.ukquote checked 2026-09-02
Five offences, commenced in stages — not all on the day the Act was passed
The Public Order Act 2023 received Royal Assent on 2 May 2023, but most of it was not law that day. Each offence below came into force on its own commencement date, checked here against the commencement note attached to that specific section on legislation.gov.uk, not assumed from the Act’s title or date: locking on and being equipped for it (ss.1–2) and interference with key national infrastructure (s.7) on 3 May 2023; tunnelling, being equipped for tunnelling, and obstruction of major transport works (ss.3, 5, 6) on 2 July 2023. All are in force now.
This page does not cover s.19 (a power of arrest attached to Secretary of State injunctions) — that provision did not appear in the same in-force commencement listing checked for this page, it is a civil proceedings power rather than a police power, and it is outside what this page asserts either way.
Locking on, and being equipped for it
Attaching yourself, another person, or an object to another person, an object, or land is the offence of locking on if that act causes, or is capable of causing, serious disruption to two or more people or to an organisation, and you intend that consequence or are reckless as to whether it happens. It carries up to 51 weeks’ imprisonment, a fine, or both, on summary conviction. Having a reasonable excuse for the act is a defence.
Separately, simply carrying an object away from a dwelling, intending it might be used for locking on, is its own offence — whether or not it is ever actually used that way. It carries a fine only.
Tunnelling
Creating, or helping to create, a tunnel is an offence if its creation or existence causes, or is capable of causing, serious disruption to two or more people or an organisation, and you intend that or are reckless as to it — punishable on indictment by up to 3 years’ imprisonment. As with locking on, having a reasonable excuse is a defence, and the Act expressly treats authorisation by whoever holds the relevant interest in the land as capable of being that excuse.
Carrying an object away from a dwelling, intending it might be used for tunnelling, is again a separate offence from actually digging the tunnel.
Major transport works, and key national infrastructure
Obstructing the undertaker building or maintaining major transport works — works whose construction is authorised directly by an Act of Parliament, or that comprise development granted development consent by an order under the Planning Act 2008 — is an offence, subject to a reasonable-excuse defence and a specific defence for acts done in furtherance of a trade dispute.
Separately, doing an act that interferes with the use or operation of key national infrastructure — road, rail, air and harbour transport, oil and gas infrastructure, electricity generation, newspaper printing and life sciences infrastructure among the categories listed in the Act — is an offence if you intend that interference or are reckless as to it, carrying up to 12 months’ imprisonment on indictment.
Serious Disruption Prevention Orders
A Serious Disruption Prevention Order (SDPO) is a civil order a court can make against someone aged 18 or over on conviction of a protest-related offence, where within the previous 5 years they have another qualifying protest-related conviction (or contempt finding) relating to a different protest or a different day, and the court considers an order necessary. It is made in addition to, not instead of, whatever sentence is passed. The Part of the Act setting out SDPOs came into force in two stages: the Secretary of State’s guidance-making power on 1 December 2023, and the order-making provisions themselves — including this one — on 5 April 2024.
An order can only require or prohibit what the court thinks necessary for the purposes the Act sets out — in particular, requiring the person to report to a particular person at a particular place at set times, or prohibiting them from being in or entering a particular place or area — and the court must explain its effects to the person in ordinary language when it is made. Every order made must include notification requirements: the person has to notify the police, within 3 days of the order taking effect, of their name (and any other name they use), their home address, and the address of any other premises where they regularly reside or stay — and notify any change to any of that within 3 days of it happening. Failing without reasonable excuse to do what the order requires, or doing what it prohibits, is a separate criminal offence.
Last reviewed 2026-09-02. Next review due 2027-03-02. No solicitor has reviewed this page — see [email protected] if you think something here is wrong.