As part of this Government’s commitment to protect the rights to freedom of expression and assembly, in May 2025 the Home Office began conducting post-legislative scrutiny of the Public Order Act 2023.

The post-legislative scrutiny of this Public Order Act 2023 is ongoing and once completed, the command paper will be sent to the Home Affairs Select Committee in accordance with the guidance on established post legislative scrutiny. In parallel the Home Secretary has commissioned Lord Macdonald of River Glaven KC to conduct a review of public order and hate crime legislation which will be concluded by the end of Spring.

In February the Government made the Public Order Act 2023 (Interference With Use or Operation of Key National Infrastructure) Regulations 2026 to amend the definition of key national infrastructure in the Public Order Act 2023, to include life sciences infrastructure. This extended the offence of deliberate or reckless disruption or interference with the use or operation of key national infrastructure in England and Wales to the life sciences sector. The regulations came into force on 12 February 2026.

The College of Policing, in collaboration with the National Police Chiefs’ Council, will shortly be issuing operational guidance to police force command teams on this legislative change.

On Thursday 27 November 2025, the Home Office laid an affirmative Statutory Instrument in Parliament to amend Section 7 and Section 8 of the Public Order Act 2023. This will amend the list of key national infrastructure within Section 7 of the Public Order Act 2023, to add the Life Sciences sector and define the Life Sciences sector in Section 8 of the Act.

To ensure these powers are workable and proportionate, the Home Office undertook targeted engagement with the police, the Crown Prosecution Service, and the Office for Life Sciences as the relevant government unit between the Department of Health and Social Care, and the Department for Science, Innovation and Technology and authorities with executive responsibility in their respective fields. This engagement provided a broad and comprehensive understanding of the challenges being managed by the Life Sciences Sector.

The government remains committed to safeguarding the right to peaceful protest while ensuring that public order and safety are maintained. The amendments to the Public Order Act 2023 reflect the balance between these priorities, responding directly to the evidence gathered from those responsible for maintaining public safety and order.

On Thursday 27 November 2025, the Home Office laid an affirmative Statutory Instrument in Parliament to amend Section 7 and Section 8 of the Public Order Act (POA) (2023). This will amend the list of key national infrastructure within Section 7 of the POA, to add the life sciences sector and define the life sciences sector in Section 8 of the POA.

A full impact assessment has not been produced for this instrument. However, the Economic Note makes frequent use of the original Impact Assessment produced for the Public Order Bill in 2022. The Economic Note also contains a specific impact test for statutory Equalities Duties in which it assesses there to be no expected impacts on any protected characteristics as an outcome of these regulations.

An Explanatory Memorandum and an Economic Note are available alongside this instrument at: https://www.legislation.gov.uk/ukdsi/2025/9780348277029/resources

The Impact Assessment conducted for the Public Order Bill in 2022 is available here: https://publications.parliament.uk/pa/bills/cbill/58-03/0008/Impact%20Assessment%20-%20Public%20Order%20Bill%20-%2017May22.PDF

The Crown Prosecution Service has issued proceedings under Section 9 of the Public Order Act 2023, in relation to one case, since it was commenced on 31 October 2024.

As a former Home Secretary, she will understand that the Government cannot comment on any live investigations or criminal proceedings.

Management information held by the Crown Prosecution Service (CPS) shows the number of offences in which a prosecution commenced that were finalised between 1 April 2019 to 31 March 2025.

The figures relate to the number of offences and not the number of individual defendants. It can be the case that an individual defendant is charged with more than one offence against the same complainant. The CPS does not hold data showing the final outcome or if the charged offence was the substantive charge at finalisation.

Requests for data on arrests should be directed to the Home Office as the lead government department for the police.

Post legislative scrutiny will be undertaken in accordance with established parliamentary procedure, as set out here: Guide to making legislation - GOV.UK

There are currently no plans to amend, repeal or replace the Public Order Act 2023. Post legislative scrutiny of the Public Order Act 2023 will be carried out this year, beginning in May.

A memorandum will be submitted to the relevant departmental select committees in accordance with normal parliamentary practice.

We are going further than ever before to deliver a cross-government transformative approach to tackle violence against women and girls, which will be underpinned by a new VAWG strategy to be published this year.

Public sexual harassment is a crime that often leaves victims feeling unsafe on their own streets. That is why tackling that criminal behaviour will form an important part of our mission to halve VAWG within a decade.

We will confirm next steps on implementation of the Protection from Sex Based Harassment in Public Act at the earliest opportunity.

The right to peacefully protest is a fundamental part of our democratic society.

We have committed to carry out post-legislative scrutiny of the Public Order Act 2023 beginning in May 2025.

In line with standard practice, the memorandum the government will complete as part of the post-legislative scrutiny of the Public Order Act 2023 will cover:

• A summary of the objectives of the act

• Implementation

• Secondary legislation etc

• Legal issues

• Other reviews

• Preliminary assessment of the act

Further details on post-legislative scrutiny can be found here: 2025 Guide to Making Legislation - master version - Google Docs

The police are operationally independent of the government. The police make decisions about how to respond to specific incidents based on their professional judgement, the circumstances at hand, and all applicable laws, and the Home Office does not direct them on how to make those operational decisions.

We have committed to carry out post-legislative scrutiny of the Public Order Act 2023 beginning in May 2025. This process will review how the legislation has operated since it came into force.

The Government will commence post legislative scrutiny from May 2025, and submit a memorandum to the Home Affairs Select Committee. The memorandum will include aspects such as explanatory notes, impact assessments and legal issues as necessary.

Once the Committee has received the Government’s memorandum on the Public Order Act 2024, the committee can decide to take further steps regarding further post legislative scrutiny if it so wishes.

Details about post-legislative scrutiny, including the contents to be covered in the Government’s memorandum, can be found here: Guide to making legislation - GOV.UK

Post-legislative scrutiny of the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023 will be carried out by the department responsible for each act and a memorandum will be submitted to the relevant departmental select committees in accordance with normal parliamentary practice.

Post legislative scrutiny of the Public Order Act 2023 will occur this year, beginning in May. The Police, Crime, Sentencing and Courts Act 2022 will be subject to post-legislative parliamentary scrutiny between 3 and 5 years after Royal Assent, i.e. between April 2025 and April 2027.

Post-legislative scrutiny of the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023 will be carried out by the department responsible for each act and a memorandum will be submitted to the relevant departmental select committees in accordance with normal parliamentary practice.

Post legislative scrutiny of the Public Order Act 2023 will occur this year, beginning in May. The Police, Crime, Sentencing and Courts Act 2022 will be subject to post-legislative parliamentary scrutiny between 3 and 5 years after Royal Assent, i.e. between April 2025 and April 2027.