Back to square one for bid to block far-right marches in Rotherham

Police say they are exploring their legal options after being told they cannot apply for special powers to outlaw protests by far-right groups in South Yorkshire.
An EDL protest in Rotherham last yearAn EDL protest in Rotherham last year
An EDL protest in Rotherham last year

Rotherham Council commissioners wrote to the Home Secretary in May, saying they were planning to make a joint submission with South Yorkshire Police asking for extra powers under the 1986 Public Order Act to ban local marches for three months.

The county force says £4 million has been spent keeping the peace at 20 demonstrations in South Yorkshire since 2012, including 14 in Rotherham, where there were at least 1,400 victims of child sexual exploitation between 1997 and 2013.

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But a report by Rotherham council has revealed the attempts to bring in restrictions to stop marches have been blocked as the criteria for new powers have not been met.

Section 13 of the Public Order Act 1986 gives police power to ban all or certain types of processions in a local area for up to three months, if the chief constable believes current powers are not sufficient to prevent serious public disorder.

They must apply to the local council for a banning order, but town hall bosses can only make an order with the consent of the Secretary of State. If the powers are granted, new criminal offences such as organising a prohibited procession are created.

A progress review by the commissioners running Rotherham council said the criteria for the new powers had not been met, meaning no application had been made.

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It said: “This spring and summer has seen a continued series of demonstrations by far right extremist groups. This has a significant impact on the town centre, on local businesses and on feelings of safety of local residents.

“South Yorkshire Police have been developing their tactical approach to provide a robust response to these and to mitigate the disruption to the town and to the anxiety of residents.

“The council and the SYP are monitoring this closely with a view to establishing grounds for a restriction on the current level of disruption the town experiences.

“Commissioner Ney has written to the Home Secretary on this matter. To date the criteria for any intervention by the Home Secretary has not been met.”

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Earlier this month, South Yorkshire Police chief constable David Crompton issued a statement saying that funds and resources “are being absorbed by the constant demand to police protests”.

He said: “I’m now seeking specialist legal advice to explore all our options around these protests. We are facing a situation the legislation what not designed to address.”

A South Yorkshire Police spokesman said the force’s stance had not changed since then but would not go into detail about legal options being explored.

Police and crime commissioner Dr Alan Billings said: “We do not welcome those who come to Rotherham to cause mischief. Money spent on the policing of these events could be better used in policing South Yorkshire.”