Criminal law

The immunities only protect a lawful picket from claims for breach of contract. They do not provide protection for activities like trespass, or from criminal charges such as assault, harassment, breach of the peace, obstruction of the highway and/or obstruction of a police officer. Neither do they protect against other civil claims such as noise nuisance, or threats of defamation from an offensive placard or tweet.

The criminal law is operated by the police, who have ample powers to intervene, as acknowledged by the Association of Chief Police Constables (ACPC). During the consultation that preceded the TUA 16, ACPC described their existing powers as already “broadly fit for purpose”.

Under the Public Order Act 1986, individuals can be charged with disorderly conduct, threatening behaviour, riot, violent disorder or affray.

Section 15, TULRCA bars a union from paying an individual’s fines for criminal activity or contempt of court. Section 16 entitles any member to go to court if union trustees permit the use of union funds for “unlawful purposes”.