11
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted in Part
Broad prohibitions and requirements can be imposed under Community Protection Notices, which bind individuals, and under Public Spaces Protection Orders, which bind the general public. Their imposition receives limited scrutiny unless they are legally challenged. If their breach is punished by way of fixed penalty notice, handed out by authorised …
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Broad prohibitions and requirements can be imposed under Community Protection Notices, which bind individuals, and under Public Spaces Protection Orders, which bind the general public. Their imposition receives limited scrutiny unless they are legally challenged. If their breach is punished by way of fixed penalty notice, handed out by authorised persons employed by local authorities, there is a further lack of oversight. (Conclusion, Paragraph 85)
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Government response AI summary
The government states that existing safeguards ensure just and proportionate use of CPNs and PSPOs, and commits to issuing new statutory guidance to emphasize proportionate use of limits and Fixed Penalty Notices, including recommendations for local authority agreements with contractors.
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Ministry of Justice
12
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted in Part
While deterring individuals from engaging in anti-social behaviour is obviously valuable, it is not clear that an increase in the fines that can be imposed by way of FPN will have such an effect. Furthermore, the lack of oversight leaves open the risk that fines up to £500 may be …
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While deterring individuals from engaging in anti-social behaviour is obviously valuable, it is not clear that an increase in the fines that can be imposed by way of FPN will have such an effect. Furthermore, the lack of oversight leaves open the risk that fines up to £500 may be imposed on the spot without justification, and potentially in breach of the proportionality required under the Human Rights Act. (Conclusion, Paragraph 86)
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Government response AI summary
The government defends increasing Fixed Penalty Notice limits as an effective deterrent, and to address proportionality concerns, commits to updating statutory guidance to ensure fines are reasonable and proportionate, while also noting existing avenues for individuals to challenge penalties.
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Ministry of Justice
15
Recommendation
5th Report - Legislative Scrutiny: Crim…
Accepted in Part
We recommend that the Government should conduct post-legislative review of the impact of this Bill, the Public Order Act 2023 and the public order elements of the Police, Crime, Sentencing and Courts Act 2022 on the exercise of the right to protest before embarking on any further legislative change in …
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We recommend that the Government should conduct post-legislative review of the impact of this Bill, the Public Order Act 2023 and the public order elements of the Police, Crime, Sentencing and Courts Act 2022 on the exercise of the right to protest before embarking on any further legislative change in this area. (Recommendation, Paragraph 99) 57
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Government response AI summary
The government committed to expedited post-legislative scrutiny for the Public Order Act 2023 beginning in May 2025, and stated that the Police, Crime, Sentencing and Courts Act 2022 and the current Bill will undergo standard post-legislative scrutiny 3-5 years after Royal Assent.
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Ministry of Justice