Just Stop Oil Activists Arrested on Suspicion of Conspiracy to Interfere with Key National Infrastructure

A few days ago news emerged that around two dozen Just Stop Oil activists had been arrested on suspicion of conspiracy to interfere with key national infrastructure.

A couple of people have asked: "What's the point in arresting them when they'll need to be released anyway?"

Before delving deeper into that particular question, I shall begin with my customary introduction to the relevant legislation.

Interference with the use or operation of key national infrastructure is an offence under section 7(1) of the Public Order Act 2023. The maximum penalty for this offence is 26 weeks' custody and/or an unlimited fine on summary conviction; 12 months' custody and/or an unlimited fine on conviction on indictment.

I have previously summarised some of the main provisions of the Public Order Act 2023, which readers may find of interest.

Section 1 of the Criminal Law Act 1977 makes it an offence to conspire to commit this or any other criminal offence. Generally speaking, the maximum penalty for conspiracy offences are the same as for the offence the conspiracy relates to.

Just Stop Oil has openly declared airports as sites for non-violent civil disobedience over the summer months.

Earlier this month two Just Stop Oil activists cut their way into Stansted Airport and sprayed aircraft with orange paint. Their actions in that regard are not in dispute, despite them having denied allegations of criminal damage, interference with key national infrastructure and aggravated trespass.

Given the group's rhetoric, previous activities and intelligence the police must have genuine concerns that Just Stop Oil will attempt to implement its airport campaign. As past experience shows the group has the resolve, means and motivation to cause very significant and costly disruption to key public services and infrastructure.

Chief Superintendent Ian Howells of the Metropolitan Police said: "We know Just Stop Oil are planning to disrupt airports across the country this summer which is why we have taken swift and robust action now.

"Our stance is very clear that anyone who compromises the safety and security of airports in London can expect a strong response from officers or security staff.

"Airports are complex operating environments which is why we are working closely with them, agencies and other partners on this operation."

So back to the question at hand: "What's the point in arresting them when they'll need to be released anyway?"

There are two main benefits to the police in doing this.

Firstly, as the allegations relate to an indictable offence, the police can enter and search any properties under the ownership or control of the suspects if they reasonably believe evidence relating to the offence, or a connected or similar offence, will be found there. This power is contained within section 18 of the Police and Criminal Evidence Act 1984.

We can be entirely confident that the police will have recovered significant evidence from those properties, which they will now be examining with a fine-tooth comb.

Secondly, arresting the suspect allows them to be released on bail (read more about pre-charge bail). The police can attach any conditions they think are necessary and proportionate to prevent the commission of further offences. This gives the police a bit more control over where they go and what they do - notwithstanding the fact they might breach their conditions. Prior to their arrest they were not subject to bail, so there were no restrictions on their movements or activities.

According to reports bail has been granted with the condition that the suspects are not to go within 1 km of an airport, unless they are passing by whilst on a mode of transport (pretty poorly worded in my opinion, but that's by the by).

Their other conditions have not been reported, but are likely to include:

• Not to contact, either directly or indirectly, other named Just Stop Oil activists;
• Not to have any tools or paint in their possession when in a public place.

Breaching bail conditions is not an offence in its own right, but it does give grounds for the arrest of the suspect. Should that happen, the police will either have to charge or release them again.

This story will no doubt develop over the next few weeks, so stay tuned for further updates.