Page:Public Order Act 2023.pdf/8

2 (2) It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the act mentioned in paragraph (a) of that subsection.

(3) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both.

(4) In subsection (3), “the maximum term for summary offences” means—


 * (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months;


 * (b) if the offence is committed after that time, 51 weeks.

(5) In this section “dwelling” means—


 * (a) a building or structure which is used as a dwelling, or


 * (b) a part of a building or structure, if the part is used as a dwelling,

and includes any yard, garden, grounds, garage or outhouse belonging to and used with a dwelling.

2 Offence of being equipped for locking on

(1) A person commits an offence if they have an object with them in a place other than a dwelling with the intention that it may be used in the course of or in connection with the commission by any person of an offence under section 1(1) (offence of locking on).

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine.

(3) In this section “dwelling” has the same meaning as in section 1.

3 Offence of causing serious disruption by tunnelling

(1) A person commits an offence if—


 * (a) they create, or participate in the creation of, a tunnel,


 * (b) the creation or existence of the tunnel causes, or is capable of causing, serious disruption to—


 * (i) two or more individuals, or


 * (ii) an organisation,


 * in a place other than a dwelling, and

(c) they intend the creation or existence of the tunnel to have a consequence mentioned in paragraph (b) or are reckless as to whether its creation or existence will have such a consequence.

(2) It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for creating, or participating in the creation of, the tunnel.