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 action under the criminal law, such as assault, harassment, trespass, 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. Indeed, during the consultation leading up to the TUA 16, the Association of Chief Police Constables wrote that the police needed no more changes to the anti-strike laws, which were “broadly fit for purpose”.


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



Section 15, TULRCA makes it unlawful for a 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 use of union funds for “unlawful purposes”.