Criminal law

There are a few instances where the criminal law can be used against workers taking industrial action. In these circumstances the police may instigate the prosecution. Workers who are picketing may face obstruction or breach of the peace charges. These can include unreasonable obstruction of the highway and/or wilful obstruction of a police officer.

Under the Public Order Act 1986, individuals may be charged with disorderly conduct, threatening behaviour, riot, violent disorder or affray. However, the standard of proof required to convict on these charges is “beyond reasonable doubt”, a much higher requirement than applies to civil law cases.

There are four offences that may be committed by people involved in picketing. They are: the use of violence; persistent following; hiding tools; and picketing a person’s home. Although the law is rarely used, it was relevant in a 1984 “work in”.

Section 15 of TULRCA makes it unlawful for the union to pay an individual’s fines for criminal activity or contempt of court. Section 16 gives individual members a right to go to court if union trustees permit the application of union funds for “unlawful purposes”.

Conspiracy is another criminal charge available under the Criminal Law Act 1977. Conspiracy involves the agreement by two or more people to pursue a course of action which would necessarily involve the committing of an offence. The penalty for conspiracy cannot be higher than for the offence itself, and under section 1, unlawful civil action in the course of a dispute does not give rise to a conspiracy charge.