Policy paper

Crime and Policing Act 2026: public order offences factsheet

Published 11 May 2026

What are we going to do?

This Government fully supports the right of individuals to engage in peaceful protest. However, recently we have seen a rise in disruptive and dangerous tactics used during protests. This includes protesters misusing flares and fireworks, climbing on war memorials and seeking to avoid criminal liability by concealing their identity using face coverings.

The Government keeps public order legislation under constant review, and where gaps are identified, we will act to address them. That is why we are giving the police new powers which will enable them to put a stop to such disorderly behaviour and keep the public safe.

These measures will ensure that police can better balance the rights of protesters against the rights of others to go about their daily business without disruption or alarm.

How are we going to do it?

Introduce a new criminal offence of climbing on a specified memorials

The measure makes it an offence to climb on a specified memorial, regardless of whether a protest is taking place. In addition to the 25 war memorials designated as Grade I listed sites by Historic England, the offence will also apply to other specified memorials of significant public interest. This includes the statue of Sir Winston Churchill in Parliament Square, London, a prominent national symbol of Britain’s wartime leadership that has repeatedly been climbed on during protests.

The specified memorials also includes the Monument to the Women of World War II, and the Holocaust Memorial Garden in Hyde Park.

A reasonable excuse defence will apply to ensure that activities such as maintenance, or activities approved by the owner, are not criminalised. Where a memorial has a base or steps designed for individuals to climb, individuals will not be criminalised. The offence will carry a maximum penalty of three months’ imprisonment, a £1,000 fine, or both.

Introduce a new criminal offence which prohibits the possession of pyrotechnic articles for those taking part in a protest.

This measure will criminalise the possession of pyrotechnic articles (such as a flare or firework) for protest participants. The offence will carry a penalty of up to a £1,000 fine.

A new criminal offence which prohibits the wearing or otherwise using of an item that conceals identity when in an area designated by police under the new provisions.

This measure will criminalise the act of wearing or otherwise using an item (for instance a face covering) that conceals their or another person’s identity when in an area that the police have designated. A designation can only be made in relation to an area when the police reasonably believe that a protest may or is taking place in that area, the protest is likely to involve or has involved the commission of offences and that a designation would prevent or control the commission of offences. The offence will carry a maximum penalty of one month imprisonment, a £1000 fine, or both.

Background

Specified memorials

This provision responds to public concern about individuals climbing on memorials during protests and outside of protest activity. Such behaviour has caused considerable distress, particularly when it involves sites of national importance.

War memorials are national symbols of remembrance, honouring those who gave their lives in service, including many with no known resting place, and must be treated with dignity. Incidents of individuals climbing on war memorials during protests have led to calls for stronger police powers to prevent such behaviour.

The offence also applies to other memorials of significant public interest, recognising their importance to national history and collective memory.

Pyrotechnic articles

Recent protests have included the misuse of flares and fireworks by protestors, which carry risks to public safety. Existing legislation prohibits the use of fireworks in public places and possessing explosives other than for a lawful purpose but does not cover the possession of fireworks or flares during protests.

The new offence will criminalise the possession of pyrotechnic articles (such as a flare or firework) by those taking part in a protest. The offence will carry a penalty of up to a £1,000 fine.

Concealing identity at a protest

Current legislation gives police the power to direct people to remove face coverings in designated areas and to seize face coverings where they reasonably believe people are wearing these wholly or mainly for the purpose of concealing their identity. Individuals may therefore follow the direction of an officer to remove their face covering but then move to a new area and put the face covering back on. In some circumstances, using a face covering to conceal identity may be used for the purpose of avoiding conviction for criminal activity in a designated area.

The new criminal offence will prohibit the wearing or otherwise using of an item to conceal identity in an area designated by the police under the new provisions. The offence will carry a maximum penalty of one month imprisonment, a £1000 fine, or both.

Frequently Asked Questions

Specified memorials

Q. Why is the measure needed?

In recent protests, we have seen individuals climbing on memorials.

Such behaviour has caused considerable distress, particularly when it involves sites of national importance. The new offence will provide greater clarity to police when dealing with this behaviour and will make clear that such disrespectful behaviour is unacceptable.

Q. What is a memorial for the purposes of the Act?

A memorial refers to a publicly accessible structure, installation or site of national significance that has a commemorative purpose and has been designated for protection due to its cultural and historical importance.

The list of memorials includes 25 war memorials designated as Grade I listed sites by Historic England, such as the Cenotaph and the Royal Artillery Memorial, together with the Monument to the Women of World War II in Whitehall. In addition, the offence applies to other significant memorials, namely the statue of Sir Winston Churchill in Parliament Square and the Holocaust Memorial Garden in Hyde Park.

The Home Secretary has also publicly committed to including the National Holocaust Memorial and the National Muslim War Memorial once built.

Additional memorials may be added through regulations, in line with the requirement that the Secretary of State consider there to be a significant public interest in the additions.

Q. Why is the Government including cultural or symbolic memorials like the Churchill statue, rather than limiting the offence to traditional war memorials?

The statue of Sir Winston Churchill is a prominent national symbol of Britain’s wartime leadership and has been repeatedly targeted and climbed upon during protests in recent years.

Including it under this measure ensures consistent protection of one of the foremost sites linked to national remembrance and cultural significance.

Q. Does this mean someone could be arrested for cleaning a memorial or standing on one by accident?

A reasonable excuse defence will apply to ensure that activities such as maintenance, or activities carried out with the approval of the owner, will not be criminalised.

Where a memorial has a base or steps which are designed for individuals to climb, individuals will not be criminalised.

Q. Does this apply outside of protests?

Yes. It will be an offence to climb on a specified memorial regardless of whether a protest is taking place.

Pyrotechnics

Q. Why is the measure needed?

During recent protests, we have observed that protesters have been misusing flares and fireworks. Existing legislation prohibits the use of fireworks in public places and possessing explosives other than for a lawful purpose but does not cover the possession of fireworks or flares during protests.

It is also already against the law to possess a firework at certain musical events and football matches. Protests are not covered by existing legislation.

The widespread misuse of pyrotechnic articles has implications regarding public safety. The new measure will enable the police to take consistent, preventative action to prevent disorderly and unsafe use of pyrotechnic articles during protests.

Q. How is a ‘pyrotechnic article’ defined in the context of the new offence?

The definition includes any article containing explosive substances designed to produce heat, light, sound, gas and/or smoke by self-sustained exothermic chemical reactions. This will include any flare or firework. It will not include everyday items such as e-cigarettes or matches.

Q. Does this measure consider innocent bystanders who are exercising a legal right to be in possession of a pyrotechnic article?

The measure will not criminalise those who are not taking part in a protest or those who are in possession of a pyrotechnic article in connection to their employment or have any other reasonable excuse for possession of it while taking part in the protest.

Q. How will this impact existing public events which routinely use pyrotechnics, for instance Bonfire Night celebrations?

The offence only applies to those taking part in protest events. In particular, no offence is committed where a person is taking part in a cultural or religious event of a kind at which pyrotechnic articles are customarily used.

Concealing identity at a protest

Q. What is the measure being introduced?

A new criminal offence of wearing, or otherwise using, an item that conceals identity in an area designated by police due to the risk of criminal activity taking place at protests. This will enable the police to put a stop to individuals hiding behind masks to avoid conviction for criminal activity at protests.

A designation will be placed on a locality when police reasonably believe that a protest is or may take place, that the protest activity is likely to involve, or has involved, the commission of offences and that the designation would prevent or control the commission of offences.

The offence will only apply in a locality which has been designated by a police inspector (or a rank above) and the designation can only last for a maximum of 48 hours. It will cover individuals who are wearing or otherwise using an item that conceals their or another person’s identity, however it will not cover those wearing face coverings for health, religious or work-related purposes.

Q. Why are these measures needed? Don’t police already have powers to remove face coverings?

Current legislation gives police the power to direct people to remove face coverings in designated areas and to seize face coverings. However, there is a loophole whereby an individual may follow the direction of an officer to remove their face covering but then move to a new area and put the face covering back on. We want to close that loophole.

Q. Are you criminalising all uses of face masks? Does this apply outside protests?

An area can only be designated when it is thought that a protest may or is taking place, that the protest is likely to involve or has involved the commission of offences and that a designation will prevent or control the commission of offences.

The offence will only apply to those who are within the designated locality.

The offence will apply to people in the designated locality who are wearing or otherwise using an item that conceals their or another person’s identity, but the offence will not apply to those wearing a face mask or other item for a different purpose, such as for religious observance, health or work reasons.

Q. What about people who wear masks for religious or medical reasons?

The purpose of the new offence is to prevent protesters from concealing their identity for the purpose of avoiding conviction for criminal activity in the designated area. Those who are covering their faces for religious, health or work purposes will not be criminalised. This is explicitly set out in the offence.