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 enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

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. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

of the United Kingdom

United Kingdom

The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

. 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, Baron Howard of Lympne, CH, QC, PC is a British politician, who served as the Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005...

, 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 Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...

John Major

Sir John Major, is a British Conservative politician, who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 1990–1997...

's Conservative government

Conservative Party (UK)

The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...

, 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 legal right of any person. This right 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".
Section 80, which repealed the duty imposed on councils by the Caravan Sites Act 1968
Caravan Sites Act 1968
The Caravan Sites Act 1968 is an Act of the Parliament of the United Kingdom, which resulted in the provision of 400 caravan sites in the UK - where there had been no council-sites before....

to provide sites for gypsy and traveller use. Grant aid for the provision of sites was also withdrawn.

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

A protest is an expression of objection, by words or by actions, to particular events, policies or situations. Protests can take many different forms, from individual statements to mass demonstrations...

including hunt sabotage

Hunt saboteur

Hunt sabotage is the direct action that animal rights or animal welfare activists undertake to interfere with hunting activity.Anti-hunting campaigners are divided into those who believe in direct intervention and those who watch the hunt to monitor for cruelty and report violations of animal...

and anti-road protests

Environmental direct action in the United Kingdom

The environmental direct action movement in the United Kingdom started in 1991 with the forming of the first UK Earth First! group. The movement rapidly grew to include road protest camps, airport camps, anti-GMO actions, electricity generators, and quarry actions.-History:The Earth First! movement...

.

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

Child pornography

Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...

, harshening provisions dealing with the censorship and age restriction of video

Video

Video is the technology of electronically capturing, recording, processing, storing, transmitting, and reconstructing a sequence of still images representing scenes in motion.- History :...

s, and also increasing the penalty on obscene phone calls.

Part XI dealt with sexual offences. The definition of rape was extended to include anal rape.

Further, the age at which homosexual acts were lawful was reduced from twenty-one years to eighteen. During the passage of the Bill, MPs considered an amendment to reduce this age to sixteen (thereby equating it with the age of consent

Age of consent

While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...

for heterosexual sex) but the motion was rejected by twenty-seven votes. Analysis of the division list revealed that forty-two Conservative

Conservative Party (UK)

MPs had supported equalisation, and the motion would have carried but for the opposing votes of thirty-eight Labour

Labour Party (UK)

The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...

MPs. The dissenting Labour Members were: Donald Anderson

Donald Anderson, Baron Anderson of Swansea

Donald Anderson, Baron Anderson of Swansea, PC, DL , is a British Labour Party politician, who was a Member of Parliament for Swansea East from 1966 to 1970 and from 1974 to 2005....

, Joe Ashton

Joseph Ashton (politician)

Joseph William Ashton OBE , usually known as Joe Ashton, is a British Labour Party politician who was known for his defence of the rights of Labour Members of Parliament against the demands of the left-wing of the party to subject them to mandatory reselection.-Early career:Ashton was born and...

, Joe Benton

Joe Benton

Joseph Edward Benton is a British Labour Party politician who has been the Member of Parliament for Bootle since 1990.-Early life:...

, Stuart Bell

Stuart Bell

Sir Stuart Bell is a British Labour Party politician, who has been the Member of Parliament for Middlesbrough since 1983.-Early life:...

, Gerry Bermingham

Gerry Bermingham

Gerald Edward Bermingham is a British politician, and was Labour Member of Parliament for St Helens South from 1983 until 2001.He was born 20 August 1940 in Dublin, Ireland, and educated at Cotton College, Wellingborough Grammar School and Sheffield University, where he obtained a degree in law. ...

, David Blunkett

David Blunkett

David Blunkett is a British Labour Party politician and the Member of Parliament for Sheffield Brightside and Hillsborough, having represented Sheffield Brightside from 1987 to 2010...

, Jim Callaghan

James Callaghan (Lancashire politician)

James Callaghan is a British Labour politician.He has the distinction of having the same name as his unrelated contemporary, more famous colleague and fellow Labour MP, James Callaghan, who served as Labour Party leader from 1976 to 1980 .He was educated at Manchester and London universities, and...

, Dale Campbell-Savours

Dale Campbell-Savours, Baron Campbell-Savours

Dale Norman Campbell-Savours, Baron Campbell-Savours is a British Labour Party politician. A Member of Parliament from 1979 to 2001, he now sits in the House of Lords....

, Jamie Cann

Jamie Cann

Jamie Charles Cann was a British Labour Party politician, who was the Leader of Ipswich Borough Council from 1979 to 1991, before becoming the Member of Parliament for Ipswich in 1992, a seat he held until his death in 2001.-Early and family life:He was educated at Barton on Humber Grammar School...

, Eric Clarke, Bob Cryer

Bob Cryer

George Robert Cryer, known as Bob Cryer was a politician in the United Kingdom.He was educated at Salt High School, Shipley, and the University of Hull...

, Lawrence Cunliffe

Lawrence Cunliffe

Lawrence Cunliffe is a retired British Labour Party politician. He served as the Member of Parliament for Leigh from 1979 until he retired from the House of Commons at the 2001 general election...

, Denzil Davies

Denzil Davies

David John Denzil Davies is a former British Treasury Minister . He served for 35 years as the Member of Parliament for Llanelli for the Labour Party from 1970 to 2005, and is a member of the Privy Council.-Early life:He attended Queen Elizabeth's Grammar School for Boys in Carmarthen, and then...

, Don Dixon

Donald Dixon, Baron Dixon

Donald Dixon, Baron Dixon, PC, DL is a British Labour politician.He was Member of Parliament for Jarrow from 1979 until his retirement in 1997, serving as a party whip...

, Jimmy Dunnachie

Jimmy Dunnachie

James Francis Dunnachie, known as Jimmy Dunnachie, JP was a British politician from Scotland. He served as a Labour Party Member of Parliament from 1987 until 1997...

, Ken Eastham

Kenneth Eastham

Kenneth Eastham is a British Labour politician. He was a planning Engineer for GEC at Trafford Park, Manchester, and a Manchester City councillor for eighteen years...

, John Evans, Derek Foster

Derek Foster, Baron Foster of Bishop Auckland

Derek Foster, Baron Foster of Bishop Auckland, PC, DL was the British member of Parliament for Bishop Auckland, County Durham from 1979 to 2005. He is a member of the Labour Party....

, Llin Golding

Llin Golding, Baroness Golding

Llinos "Llin" Golding, Baroness Golding is a Labour Party politician in the United Kingdom who currently sits in the House of Lords...

, Win Griffiths

Win Griffiths

Winston James Griffiths, known as Win Griffiths, is a politician in the United Kingdom, and ex-member of Parliament for Bridgend for the Labour Party. He was first elected in 1987, having previously been a member of the European Parliament. He stood down from Parliament in 2005. He is now...

, Roy Hughes, Barry Jones

Barry Jones, Baron Jones

Stephen Barry Jones, Baron Jones, PC is a Labour Party politician in the United Kingdom.-Early life:Jones was educated at Hawarden Grammar School and Bangor College of Education. A teacher, he was president of the Flint County National Union of Teachers...

, Calum MacDonald, David Marshall

David Marshall (Scottish politician)

David Marshall is a British politician. He was a Labour Member of Parliament from 1979 to 2008.David Marshall was educated variously at the Larbert High School, Denny High School, Woodside Senior Secondary School and Falkirk High School.He has been a member of the Transport and General Workers'...

, Michael Martin, George Mudie

George Mudie

George Edward Mudie is a British Labour Party politician who has been the Member of Parliament for Leeds East since 1992.-Early life:...

, Bill O'Brien, Stanley Orme

Stanley Orme, Baron Orme

Stanley Orme, Baron Orme PC was a British Labour Party politician. He was a Member of Parliament from 1964 to 1997, and served as a cabinet minister in the 1970s.-Early life:Stan Orme was born in Sale, Cheshire...

, Robert Parry

Robert Parry (UK politician)

Robert Parry was a British Labour Party politician who was Member of Parliament in Liverpool for 27 years....

, Terry Patchett

Terry Patchett

Terry Patchett was a politician in the United Kingdom.Born in Staincross, Barnsley, Patchett served as Member of Parliament for Barnsley East until his death, and was a member of the Labour Party. In Parliament he worked for the mining communities of Yorkshire. He died in office in Sheffield aged...

, Ray Powell, Martin Redmond

Martin Redmond

Martin Redmond was a British Labour Party politician from Doncaster in South Yorkshire.Redmond was educated at Woodlands Roman Catholic School and then by day release at the University of Sheffield. He worked as a driver of heavy goods vehicles, and was elected to Doncaster Borough Council in 1975...

, Ted Rowlands

Ted Rowlands, Baron Rowlands

Edward "Ted" Rowlands, Baron Rowlands, CBE is a Welsh politician, who served as a Labour Party Member of Parliament for over thirty years and as a junior minister in the 1960s and 1970s.-Education:...

, Nigel Spearing

Nigel Spearing

Nigel John Spearing is a British Labour Party politician.Nigel Spearing was born in London, and educated at Latymer Upper School, Hammersmith, and St Catharine's College, Cambridge. After graduating in 1956, he worked as a tutor and teacher, firstly at Wandsworth School and then at Elliot School,...

, Ann Taylor

Ann Taylor, Baroness Taylor of Bolton

Winifred Ann Taylor, Baroness Taylor of Bolton, PC is a British Labour Party politician, who was Minister for International Defence and Security, based at both the Ministry of Defence and the Foreign and Commonwealth Office, from October 2008 until 11 May 2010.-Member of Parliament:Taylor was the...

, Jack Thompson

John Thompson (UK politician)

John Thompson was a British Labour Party politician. He was Member of Parliament for Wansbeck from 1983 to 1997.-References:*Times Guide to the House of Commons 1992...

, Bob Wareing

Bob Wareing

Robert Nelson Wareing, commonly known as Bob Wareing , is a British independent politician who was the Member of Parliament for Liverpool West Derby from 1983 to 2010...

and Tony Wright.

Opposition

When the legislation was still under debate, the Advance Party 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 DJs and engineers contributing and working together as one, playing and producing music.-Origin:The sound system concept originated in the 1950s in Kingston, Jamaica. DJs would load up a truck with a generator, turntables, and huge speakers to set up street parties...

and civil liberties groups. Two demonstrations were organised in London on 24 July and 9 October 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 consists of occupying an abandoned or unoccupied space or building, usually residential, that the squatter does not own, rent or otherwise have permission to use....

, direct action

Direct action

Direct action is activity undertaken by individuals, groups, or governments to achieve political, economic, or social goals outside of normal social/political channels. This can include nonviolent and violent activities which target persons, groups, or property deemed offensive to the direct action...

, football fan culture, hunt sabotage and the free party

Free party

A free party is a party "free" from the restrictions of the legal club scene, similar to the free festival movement. It typically involves a sound system playing electronic dance music from late at night until the time when the organisers decide to go home. A free party can be composed of just one...

. The sections which specifically refer to parties or rave

Rave

Rave, rave dance, and rave party are parties that originated mostly from acid house parties, which featured fast-paced electronic music and light shows. At these parties people dance and socialize to dance music played by disc jockeys and occasionally live performers...

s are seen as badly defined and drafted in an atmosphere of "clear moral panic

Moral panic

A moral panic is the intensity of feeling expressed in a population about an issue that appears to threaten the social order. According to Stanley Cohen, author of Folk Devils and Moral Panics and credited creator of the term, a moral panic occurs when "[a] condition, episode, person or group of...

" following the Castlemorton Common Festival

Castlemorton Common Festival

The Castlemorton Common Festival was a week-long free festival and rave held in the Malvern Hills near Malvern, Worcestershire, England in 1992....

.

In response to the proposed bill, UK electronica band Autechre

Autechre

Autechre are an English electronic music duo consisting of Rob Brown and Sean Booth, both natives of Rochdale, Greater Manchester. Formed in 1987, they are one of the most prominent acts signed to Warp Records, a label known for its pioneering electronic music and through which all Autechre albums...

released the three-track Anti EP
Anti EP
- External links :* at the official Warp discography * *...

on Warp Records

Warp Records

Warp, commonly referred to as Warp Records, is a pioneering independent British record label, founded in Sheffield in 1989, notable for discovering some of the more enduring artists in electronic music....

, stating:
The fifth mix on the Internal version of Orbital

Orbital (band)

Orbital are a British electronic dance music duo from Sevenoaks, England consisting of brothers Phil and Paul Hartnoll. Their career initially ran from 1989 until 2004, but in 2009 they announced that they would be reforming and headlining The Big Chill, in addition to a number of other live shows...

's Are We Here? EP

Extended play

An EP is a musical recording which contains more music than a single, but is too short to qualify as a full album or LP. The term EP originally referred only to specific types of vinyl records other than 78 rpm standard play records and LP records, but it is now applied to mid-length Compact...

was titled "Criminal Justice Bill?". It consisted of approximately four minutes of silence.

Their Law, a song by The Prodigy

The Prodigy

The Prodigy are an English electronic dance music group formed by Liam Howlett in 1990 in Braintree, Essex. Along with Fatboy Slim, The Chemical Brothers, and other acts, The Prodigy have been credited as pioneers of the big beat genre, which achieved mainstream popularity in the 1990s and 2000s...

and Pop Will Eat Itself

Pop Will Eat Itself

Pop Will Eat Itself are an English alternative rock band, originally formed in Stourbridge in 1986, with members from Birmingham, Coventry and the Black Country. Initially known as a Grebo act, their style changed to incorporate sample driven indie and industrial rock...

, 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 the second album by English electronic dance music band The Prodigy. The album was released through XL Recordings in July 1994...

read "How can the government stop young people having a good time? Fight this bollocks."

In 1994 the band Dreadzone

Dreadzone

Dreadzone are a British band whose music is an eclectic fusion of dub, reggae, techno, folk and rock. They have so far produced six studio albums and two live albums.-Career:...

released a single called Fight the Power in opposition to the proposed Criminal Justice Bill. The Dreadzone mix of this song has samples from Noam Chomsky

Noam Chomsky

Avram Noam Chomsky is an American linguist, philosopher, cognitive scientist, and activist. He is an Institute Professor and Professor in the Department of Linguistics & Philosophy at MIT, where he has worked for over 50 years. Chomsky has been described as the "father of modern linguistics" and...

that talk about taking action and "taking control of your lives", advocating political resistance to the proposed bill. The cover artwork for the single has a picture of a young woman with a baby stroller, which has a political poster affixed to it with the words "Kill the Bill".

The B-side to Zion Train

Zion Train

Zion Train are a British dub reggae ensemble . Initially formed in Oxford as a sound system in 1988 by Neil Perch and Ben Hamilton, Colin Cod and Dave Tench joined in 1990 upon relocation to London. The line-up was added to with vocalist Molara in 1992...

's 1995 Dance of Life single included a track entitled Resist the Criminal Justice Act.

UK garage act The Streets

The Streets

The Streets were a British rap/garage project from Birmingham, United Kingdom, led by vocalist and multi-instrumentalist Mike Skinner and has included a myriad of other contributors most notably drummer Johnny Drum Machine, vocalist Kevin Mark Trail and the Italian-American beatmaker Leroy.The...

also criticise the legislation in the track Weak Become Heroes from their debut album Original Pirate Material
Original Pirate Material
Original Pirate Material is the debut album by the English rapper and producer Mike Skinner, under the name The Streets.The album is a unique take on UK garage and lyrics dealing with everyday circumstances and occurrences...

, as indicated by the lyric : “and to the government I stick my middle finger up with regards to the Criminal Justice Bill".

In 2009, Section 63 of the Act was used by police to shut down a birthday barbecue held on legal property for 15 people.

External links

The Criminal Justice and Public Order Act 1994, 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...

.
Guide to effective use of enforcement powers, published by the Home Office's Gypsy & Traveller Unit
Article by writer George Monbiot about multi-issue politics
Football Fans Against the Criminal Justice Act (FFACJA) campaign group

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.

Changes

Opposition

Criticisms

See also

External links