Criminal Justice and Public Order Act 1994
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| Long title | An Act to make further provision in relation to criminal justice (including employment in the prison service); to amend or extend the criminal law and powers for preventing crime and enforcing that law; to amend the Video Recordings Act 1984; and for purposes connected with those purposes. |
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| Citation | 1994 c.33 |
| Introduced by | Michael Howard |
| Territorial extent | England & Wales; Scotland; Northern Ireland |
| Dates | |
| Royal assent | 3 November 1994 |
| Commencement | Multiple dates |
| Other legislation | |
| Amended by | Crime and Disorder Act 1998 |
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Status: Amended
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| Text of statute as originally enacted | |
| Text of the Criminal Justice and Public Order Act 1994 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. 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, home secretary of Prime Minister John Major's Conservative government, and attracted widespread opposition.
Changes which received great public attention included:
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 including hunt sabotage and anti-road protests.
Part VII handled "Obscenity and Pornography", banning simulated child pornography, harshening provisions dealing with the censorship and age restriction of videos, 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 21 years to 18. During the passage of the Bill, MPs considered an amendment to reduce this age to 16 (thereby equating it with the age of consent for heterosexual sex) but the motion was rejected by 27 votes. Analysis of the division list revealed that 42 Conservative MPs had supported equalisation, and the motion would have carried but for the opposing votes of 38 Labour MPs.
Part XII was a miscellany, and included the notice that the "Offence of racially inflammatory publication etc. (was henceforth) to be arrestable", although this was later to be modified by the Serious Organised Crime and Police Act 2005. Part XII also criminalised the use of cells from embryos and foetuses.
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