All Topics  
Criminal Justice and Public Order Act 1994

 

   Email Print
   Bookmark   Link






 

Criminal Justice and Public Order Act 1994



 
 
The Criminal Justice and Public Order Act 1994 (c.33) is an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 of the Parliament
Parliament

A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom....
 of the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours. The Bill was introduced by Michael Howard
Michael Howard

Michael Howard Queen's Counsel is a British politician, a Conservative Member of Parliament since the United Kingdom general election, 1983 for the constituency of Folkestone and Hythe ....
, home secretary of Prime Minister
Prime Minister of the United Kingdom

The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom and the head of government Her Majesty's Government....
 John Major
John Major

Sir John Major, Order of the Garter, Order of the Companions of Honour, Chartered Institute of Bankers , was Prime Minister of the United Kingdom of the United Kingdom and Leaders of the Conservative and Unionist Party of the Conservative Party during 1990 to 1997....
's Conservative government
Conservative Party (UK)

The Conservative and Unionist Party, more commonly known as the Conservative Party, is a conservative political party in the United Kingdom....
, and attracted widespread opposition.


The whole of Part V which covered collective trespass and nuisance on land and included sections against raves (63-67, including the "repetitive beats" definition) and further sections against disruptive trespass, squatters, and unauthorised campers – most significantly the criminalisation of previously civil offences.






Discussion
Ask a question about 'Criminal Justice and Public Order Act 1994'
Start a new discussion about 'Criminal Justice and Public Order Act 1994'
Answer questions from other users
Full Discussion Forum



Encyclopedia


The Criminal Justice and Public Order Act 1994 (c.33) is an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 of the Parliament
Parliament

A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom....
 of the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours. The Bill was introduced by Michael Howard
Michael Howard

Michael Howard Queen's Counsel is a British politician, a Conservative Member of Parliament since the United Kingdom general election, 1983 for the constituency of Folkestone and Hythe ....
, home secretary of Prime Minister
Prime Minister of the United Kingdom

The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom and the head of government Her Majesty's Government....
 John Major
John Major

Sir John Major, Order of the Garter, Order of the Companions of Honour, Chartered Institute of Bankers , was Prime Minister of the United Kingdom of the United Kingdom and Leaders of the Conservative and Unionist Party of the Conservative Party during 1990 to 1997....
's Conservative government
Conservative Party (UK)

The Conservative and Unionist Party, more commonly known as the Conservative Party, is a conservative political party in the United Kingdom....
, and attracted widespread opposition.

Changes


Changes which received great public attention included:
  • Sections 34-39, which substantially changed the right to silence
    Right to silence

    The right to remain silent is a law protection given to people undergoing police interrogation or trial . The law is recognized, explicitly or by convention, in many of the world's legal systems....
     of an accused person, allowing for inferences to be drawn from their silence.
  • Sections 54-59, which gave the police greater rights to take and retain intimate body samples.
  • Section 60, which increased police powers of unsupervised "stop and search".


The whole of Part V which covered collective trespass and nuisance on land and included sections against raves (63-67, including the "repetitive beats" definition) and further sections against disruptive trespass, squatters, and unauthorised campers – most significantly the criminalisation of previously civil offences. This affected many forms of protest
Protest

Protest expresses relatively overt reaction to events or situations: sometimes in favor, though more often opposed. Protesters may organize a protest as a way of publicly and forcefully making their opinions heard in an attempt to influence public opinion or government policy, or may undertake direct action to attempt to directly enact desi...
 including hunt sabotage
Hunt saboteur

A hunt saboteur is an animal rights or animal welfare activist who takes direct action to interfere with hunting activity.Anti-hunting campaigners divide into those who believe in direct intervention and those who watch the hunt to monitor for cruelty and report violations of animal welfare laws....
 and anti-road protests
Environmental direct action in the United Kingdom

The environmental direct action movement in the United Kingdom started in 1990 with the forming of the first United Kingdom Earth First! group. The movement rapidly grew to include Road protest camps, airport camps, anti-GMO actions, electricity generators, and quarry actions....
.

Part VII handled "Obscenity and Pornography", banning simulated child pornography
Child pornography

Child pornography refers to images or films depicting sexually explicit activities involving a child; as such, child pornography is a visual record of child sexual abuse....
, harshening provisions dealing with the censorship and age restriction of video
Video

Video is the technology of electronics Videography, recording, processing, storing, transmitting, and reconstructing a sequence of still images representing Scene in motion....
s, and also increasing the penalty on obscene phone calls.

The act also reduced the age at which homosexual acts are lawful from 21 to 18, and altered the definition of rape to include anal rape of men.

Opposition

When the legislation was still under debate, the Advance Party
Advance Party

The term Advance Party can refer to:*Advance Party , a projected trilogy of films that are Scottish/Danish coproductions, of which the first is Red Road...
 coordinated a campaign of resistance against what was then the Criminal Justice Bill. The group was composed of an alliance of sound systems
Sound system (DJ)

A sound system is a group of disc jockey and Audio engineering contributing and working together as one, often playing and producing one particular kind of music....
 and civil liberties groups. Two demonstrations were organised in London on July 24 and October 9 1994. The latter took the form of a march which ended up as a party at Hyde Park.

Criticisms


Commentators have seen the Act as a draconian piece of legislation which was "explicitly aimed at suppressing the activities of certain strands of alternative culture", the main targets being squatting
Squatting

Squatting is the act of occupying an abandoned or unoccupied space or building, usually residential, that the squatter does not Land ownership and tenure....
, direct action
Direct action

Direct action is politically motivated activity undertaken by individuals, groups, or governments to achieve political goals outside of normal social/political channels....
, hunt sabotage and the free party
Free party

A free party is a party "Freedom " from the restrictions of the legal club scene, which typically involves a Sound system #Freetekno/Free Party Sound systems playing electronic dance music from late at night until the time when the organisers decide to go home....
. The sections which specifically refer to parties or rave
Rave

A rave is a term in use since the 1980s, to describe dance party with fast-paced electronic music and light shows. At these parties disc jockeys and other performers play Electronica, Trance music, and Techno ,...
s are seen as badly defined and drafted in an atmosphere of "clear moral panic
Moral panic

A moral panic can be defined as "the intensity of feeling expressed by a large number of people about a specific group of people who appear to threaten the social order at a given time." Stanley Cohen , author of the seminal Folk Devils and Moral Panics , says moral panic occurs when "[a] condition, episode, person or group of persons eme...
" following the Castlemorton Common Festival
Castlemorton Common Festival

The Castlemorton Common Festival was a week-long free party and rave held in the Malvern Hills near Great Malvern, England in 1992.In May 1992 Avon and Somerset Constabulary tried to end the annual Avon Free Festival, which had been held in the Bristol area around the May Bank Holiday for several years....
.

In response to the proposed bill, UK electronica band Autechre
Autechre

Autechre are an England electronic music group consisting of Rob Brown and Sean Booth, both natives of Rochdale, England. The group is one of the most prominent acts signed with Warp Records, a label known for its pioneering electronic music artists....
 released the three-track "Anti EP
Anti EP

Anti EP is an EP by the electronic music group Autechre, released by Warp Records in 1994. It is the only Autechre release ? EP or otherwise ? to have an explicit purpose for release....
" on Warp Records
Warp Records

Warp Records is a pioneering independent United Kingdom record label, founded in Sheffield in 1989, notable for discovering some of the most enduring artists in electronic music....
, stating: The fifth mix on the Internal version of Orbital
Orbital (band)

Orbital are an English Electronic music duo from Sevenoaks consisting of brothers Phil Hartnoll and Paul Hartnoll whose career lasted from 1989 until 2004 and have now reformed in 2009....
's Are We Here? EP
Extended play

An extended play is a vinyl record, Compact disc, or music download which contains more music than a Single , but is too short to qualify as an LP album....
 was titled "Criminal Justice Bill?". It consisted of about four minutes of silence. "Their Law", a song by The Prodigy
The Prodigy

The Prodigy are a British people electronic music group formed by Liam Howlett in 1990, in Braintree, Essex, England. Along with Fatboy Slim, The Chemical Brothers and The Crystal Method, as well as other acts they are pioneers of the big beat electronic dance genre which achieved mainstream popularity in the 1990s, and are known for high-qua...
 and Pop Will Eat Itself
Pop Will Eat Itself

Pop Will Eat Itself were an England band formed in Stourbridge, with band members from Birmingham, Coventry and the Black Country....
, was written as a direct response to the bill. A quotation in the booklet of the Prodigy's album "Music for the Jilted Generation
Music for the Jilted Generation

Music for the Jilted Generation is an album by United Kingdom band The Prodigy. The album was released through XL Recordings in July 1994. The album was re-released in 2008 as More Music for the Jilted Generation....
" read "How can the government stop young people having a good time? Fight this bollocks."

See also

  • SchNEWS
    SchNEWS

    SchNEWS is a free weekly publication from Brighton, England, which has been running since November 1994. The main focus is environmental and social issues/struggles in the UK – but also internationally – with an emphasis on direct action protest, and autonomous political struggles outside formalised political parties....
    , a newspaper set up to describe and promote direct action
    Direct action

    Direct action is politically motivated activity undertaken by individuals, groups, or governments to achieve political goals outside of normal social/political channels....
     campaigning against the proposition (whilst it was still a Bill
    Bill (proposed law)

    A bill is a proposed new law introduced within a legislature that has not been ratification, adopted, or received royal assent. Once a bill has become law, it is thereafter an Statute; but in popular usage the two terms are often treated interchangeably....
    ), then subsequently in defiance of the Act.


External links

  • , as originally enacted, from the Office of Public Sector Information
    Office of Public Sector Information

    The Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom....
    .