Member

377: After Clause 142, insert the following new Clause— “Lawful or reasonable excuse defence for public order offences(1) This section applies to any offence that makes conduct unlawful unless there is an excuse for it and specifies either that the excuse must be a lawful excuse or that it must be a reasonable one.(2) A person has no excuse for the conduct if—(a) it is intended to intimidate, provoke, inconvenience or otherwise harm members of the public by interrupting or disrupting their freedom to carry on a lawful activity, or (b) it is designed to influence the government or public opinion by subjecting any person, or their property, to a risk, or increased risk, of loss or damage.(3) It is immaterial that there are or may be other excuses or reasons for the conduct or that its main purpose may be different.(4) In this section “conduct” includes any act or omission.(5) For the purposes of the Human Rights Act 1998, this section must be treated as necessary in a democratic society for the protection of the rights and freedoms of others.”Member's explanatory statement This amendment clarifies when a person has a lawful or reasonable excuse to a public order offence.