Police get new powers to arrest protesters wearing face coverings

Flares and other pyrotechnics will also be banned at protests, under new laws to crack down on dangerous disorder.

This follows warnings from police chiefs that some protesters are using face coverings to conceal their identities, not only to intimidate the law-abiding majority, but also avoid criminal convictions.

Under new laws, protesters will no longer be able to cite the right to protest as a reasonable excuse to get away with disruptive offences, such as blocking roads.

The Home Office says the right to protest is no longer an excuse for certain public order offences.

While the police already have powers to ask individuals to remove masks at designated protests – where police believe criminality is likely to occur – this new offence will empower officers to arrest individuals who disregard their orders, with those who flout the rules facing a month in prison and a £1,000 fine.

Flares and other pyrotechnics have been used during recent large-scale protests, including being fired at police officers, posing significant risk of injury.

The new offence will make the possession of flares, fireworks and any other pyrotechnics at public processions and assemblies for protest illegal. Offenders may be forced to pay a £1,000 fine.

The measures, which will be introduced in the Criminal Justice Bill, will also make climbing on war memorials a specific public order offence, carrying a three-month sentence and a £1,000 fine. This comes after recent incidents where individuals have broken away from large protests and scaled national monuments, “demonstrating brazen disrespect to those who have given their lives for this country”, says the Home Office.

Alongside the new offences, the ability to use the right to protest as a reasonable or lawful excuse to commit some crimes would also be removed, ensuring that protest is not used as a defence for criminality, such as obstructing public highways, locking on, as well as public nuisance.

Home Secretary James Cleverly said: “Recent protests have seen a small minority dedicated to causing damage and intimidating the law-abiding majority.

“The right to protest is paramount in our county, but taking flares to marches to cause damage and disruption is not protest, it is dangerous.

“That is why we are we giving police the powers to prevent any of this criminality on our streets.”

National Police Chiefs’ Council lead for public order, Chief Constable BJ Harrington, said: “We welcome the proposal to create new offences relating to war memorials and flares, as well as making it clear that covering your face at a protest to conceal identity is not acceptable.

“These changes are in-line with conversations that we have had with the Home Office to ensure that we have the powers that we need to get balance right between the rights of those who wish to protest, and those impacted by them.

“Thankfully, the use of flares and pyrotechnics at public order events is rare, but they are still extremely dangerous. Safety is our number one concern when policing these events, and the effective banning of these items during protests can only help in our mission to ensure that they take place without anyone coming to any harm.

“As with all policing powers, these new powers will be used when appropriate, proportionate, and necessary to achieve policing objectives.

“Policing is not anti-protest, but there is a difference between protest and criminal activism, and we are committed to responding quickly and effectively to activists who deliberately disrupt people’s lives with reckless and criminal acts.”

The College of Policing’s Chief Constable Andy Marsh said: “I welcome the new offences this legislation will provide the officers who are policing protests and working hard, in complex environments, to keep people safe.

“The safety of both those protesting and others nearby trying to go about their business is the top priority and our training and guidance focuses on balancing the rights of those protesting with the rights of those affected. The new legislation is now clear that protest is not an excuse for serious disruption.

“As with previous changes, the College of Policing will work quickly to provide practical advice, training and support for policing to utilise these new powers.”

Speaking to police chiefs at a roundtable on Tuesday (February 6), the Home Secretary thanked the police for the efforts and successes they have made in keeping the public safe during recent protests.

Since October 7, there have been more than 1,000 protests and vigils, with more than 26,000 police officer shifts between October 7 and December 17 alone, and 600 arrests.

The Home Secretary called on chiefs to continue to use “all the powers at their disposal” to maintain order as they meet the evolving challenges.

The measures announced on Thursday (February 8) are part of the Government’s ongoing crackdown on disruptive protest and follow legislation passed last year which criminalises actions such as ‘locking on’ and gave police the ability to stop and search protesters for items such as padlocks and superglue, if they suspect they are setting out to cause chaos.

The Police, Crime, Sentencing and Courts Act 2022 also made it easier to tackle public nuisance caused by protesters. The Government said it is “working positively with the police” to ensure the powers they have to maintain order are effective and that practical and workable solutions are developed in response to any gaps that are identified within the existing legal framework.

During the most recent Just Stop Oil campaign, police figures show that 657 protesters were arrested in 2023 under the Government’s Public Order Act 2023, showing that existing powers are effective in managing disruptive protests.

Association of Police and Crime Commissioners chair Donna Jones said: “As PCCs, we uphold the right to peaceful protest. The execution of more stringent measures to maintain public order will be reserved for incidents in which the line clearly crosses into criminality and there is a real and serious risk to public safety.

“We especially welcome the banning of flares and pyrotechnics at public order events. Although extremely rare, such devices are a major fire hazard and have resulted in injuries. We also welcome the move to tighten laws around protestors who choose to conceal their identities.

“There is a clear distinction between peaceful protest and violence and we must remain vigilant to those who infiltrate such events with the sole intent of causing damage, harm and intimidation.

“Where there is evidence of criminality and incitement of hatred or violence, robust action must be taken, and we fully support officers in utilising the full arm of the law to deal with these perpetrators.

“As PCCs, we will continue to monitor the use of all police powers to ensure they are appropriate and proportionate and stand up to scrutiny when challenged.”

The measures will be introduced as amendments at Report stage of the Criminal Justice Bill in the House of Commons and will apply to England and Wales.