This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive explanation of how police powers are applied in crowd control situations in England and Wales, including public order legislation, protest conditions, tactics like containment and force use, lawful arrest powers, human rights safeguards and practical considerations for public events and demonstrations. Clear, authoritative guidance for the public and solicitors.
The Legal Context of Crowd Control Policing
When large groups assemble in public - such as protests, marches, rallies, sporting events or festivals - police in England and Wales use a range of powers to protect public safety, maintain order, and uphold the law. These powers are grounded in statute and supported by operational guidance. They are designed to balance the rights to freedom of expression and assembly with the need to prevent violence, protect property and ensure the safety of bystanders. The central statutory framework is the Public Order Act 1986 (POA 1986), as amended and reinforced by subsequent legislation. Police also draw on common‑law powers and authorised professional practice in deciding how to respond to crowds and disorder.
1. Police Powers Under the Public Order Act 1986
Overview of the Act
The POA 1986 is the principal statute governing public order policing in England and Wales. It creates a range of offences, defines protests and other assemblies, and gives police powers to manage them where they pose risks of disorder or serious disruption.
Sections 12 and 14 of the POA 1986 allow the police to impose conditions on protests, marches or assemblies - for example by specifying the route, timing or maximum number of participants - when a senior officer reasonably believes it is necessary to prevent:
- Serious public disorder
- Serious damage to property
- Serious disruption to the life of the community
- Intimidation of others in certain cases (notably near places of worship under new legislative changes)
The act also outlines offences such as riot, violent disorder and affray, which directly relate to crowd behaviour and justify intervention by police under criminal law.
2. Conditions and Restrictions at Protests
Conditions on Processions and Assemblies
When police consider that a gathering may escalate into disorder or significant disruption, officers can impose lawful conditions under sections 12 and 14 of the POA 1986. These might restrict:
- The route of a procession
- The location or duration of a static assembly
- The maximum number of participants
Conditions must be justified by a reasonable belief about potential disorder or disruption. Police must communicate these clearly to organisers and participants. Failure to comply with conditions can lead to arrest and prosecution.
Recent Legislative Developments
Recent legislative changes, including the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023, have expanded police powers to impose conditions and respond to disruptive protest tactics. These reforms also introduce new public‑order‑related criminal offences - such as “locking‑on” or interfering with infrastructure - which directly influence crowd management approaches.
Senior police commanders may be given broader discretion to apply conditions based on intelligence and operational assessments, including situations where protest activity may intimidate or deter access to places of worship.
3. Operational Crowd Control Tactics
Kettling (Containment)
One well‑known (and controversial) crowd‑control tactic is kettling, formally called containment. This involves police cordons that restrict the movement of a group of people to control or prevent disorder. Kettling is lawful only if used proportionately and reasonably to prevent an imminent breach of the peace or serious disorder and only after other options have been considered.
During a kettle, police must continually assess necessity, allow vulnerable individuals to leave where possible, and do not have a lawful basis to require people to provide personal information simply for being contained.
Use of Force
Police may use reasonable force under common‑law powers and statutory provisions (such as section 3 of the Criminal Law Act 1967) to prevent crime, protect people or effect lawful arrests during crowd control operations. This includes techniques used in riot situations, such as formations, batons, shields and protective equipment. Such force must be necessary, proportionate and lawful.
Tactics like cordons, mounted police, or mobile containment are part of a continuum of crowd management options, with escalation and de‑escalation guided by training and professional practice standards.
4. Arrest and Breach of Peace
Arrest Powers
Police may arrest individuals within a crowd if they reasonably suspect a criminal offence has been committed, is being committed, or is likely to occur. This includes offences under the Public Order Act (e.g., violent disorder) or other criminal statutes. Arrest powers support the restoration of public order and the protection of property and public safety.
Breach of the Peace
Under common law, police can intervene to prevent or stop a breach of the peace, which includes situations where harm is occurring, threatened, or likely to occur to persons or property. Police actions aimed at avoiding a breach of the peace - such as asking groups to disperse - are lawful when based on reasonable belief and necessity.
5. Human Rights and Safeguards
Freedom of Assembly and Expression
The rights to freedom of expression and peaceful assembly are protected under Article 10 and Article 11 of the Human Rights Act 1998, reflecting obligations under the European Convention on Human Rights. These rights are not absolute and can be restricted if provided by law and proportionate to legitimate aims, such as public safety and prevention of disorder.
Police decision‑making must reflect lawful powers and respect these rights, including non‑discrimination under the Equality Act 2010.
Accountability and Professional Guidance
Police crowd control operations are governed by authorised professional practice and public order guidance developed by the College of Policing and the National Police Chiefs' Council. These documents outline operational principles, training expectations and ethical standards to support lawful, proportionate policing.
Individuals who believe that police powers have been misused or applied unlawfully can raise complaints with the respective force, seek judicial review of condition decisions, or pursue civil remedies where rights violations occur.
6. Common Questions About Police Crowd Control Powers
Can police ban a protest entirely?
Ordinarily police do not have unfettered power to ban protests outright. Conditions can be applied and, in very limited circumstances, a protest might be prevented if conditions cannot mitigate serious disorder - typically with Home Secretary approval.
Are stop and search powers used in crowd control?
Yes. Police can use stop and search powers, including those under modern protest‑related legislation (such as the Public Order Act 2023), sometimes without individual suspicion if permitted by statute. Critics argue these powers risk a chilling effect on peaceful protest.
Can police use force during crowd control?
Police may use reasonable force to prevent crime or arrest offenders during crowd control. Any use of force must be lawful, proportionate and necessary.
Conclusion
In England and Wales, police powers in crowd control situations derive principally from the Public Order Act 1986 and subsequent legislation, supported by common law and professional guidance. These powers allow police to:
- impose conditions on protests to prevent serious disorder,
- use controlled tactics, including containment (kettling) and cordons, in proportionate ways,
- arrest individuals for criminal behaviour during crowds, and
- balance public safety with individuals' rights to freedom of assembly and expression.
Police must act lawfully, proportionately and transparently, guided by authorised practice, human rights obligations and ongoing legislative developments affecting public order policing.
