OpenLegislation

Section 1 Offence of locking onI1I2

England and Wales

(1)

A person commits an offence if—

(a)

they—

(i)

attach themselves to another person, to an object or to land,

(ii)

attach a person to another person, to an object or to land, or

(iii)

attach an object to another object or to land,

(b)

that act 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 that act to have a consequence mentioned in paragraph (b) or are reckless as to whether it 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 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.

Annotations

Commencement

I1

S. 1 not in force at Royal Assent, see s. 35(5)

I2

S. 1 in force at 3.5.2023 by S.I. 2023/502, reg. 2(a)