A dispersal order is a police power under the Anti-social Behaviour, Crime and Policing Act 2014 that allows a uniformed constable in England and Wales to tell you to leave a defined area and stay out of it for up to 48 hours. The power is used to break up localized trouble quickly without going to court. Ignoring the direction is a criminal offence that can carry a fine or a short prison sentence.
How an Area Gets Authorized
A dispersal zone isn’t something an officer on the street can set up alone. Section 34 of the 2014 Act requires a police officer of at least inspector rank to authorize the power in writing, specifying the area it covers and the time period it runs for.1Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 34 That time period cannot exceed 48 hours from the moment the authorization is signed. If problems persist afterward, a fresh authorization has to be issued through the same process.
The inspector must be satisfied on reasonable grounds that using the power is necessary to reduce the likelihood of members of the public being harassed, alarmed, or distressed, or of crime and disorder occurring in the area.1Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 34 Only one of those limbs needs to be met.
Proportionality is written into the statute. The authorizing inspector must have particular regard to the rights of freedom of expression and freedom of assembly under Articles 10 and 11 of the European Convention on Human Rights.1Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 34 That isn’t guidance; it’s a condition of the authorization itself.
What an Officer Can Tell You to Do
Once an authorization is live, Section 35 lets a uniformed constable give an individual a direction to leave the locality, or part of it, and not return for a stated period.2Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 35 The exclusion can last anything from a few hours up to the remainder of the 48-hour authorization, but no longer.
Before giving the direction, the officer has to be satisfied on reasonable grounds that your behavior has contributed, or is likely to contribute, to public harassment, alarm, or distress, or to crime and disorder in the area. The direction must be given in writing unless that isn’t reasonably practicable, in which case a verbal direction is lawful.2Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 35
A dispersal direction cannot be given to a child under 10. If the officer reasonably believes you are under 16, they can escort you home or to another place of safety rather than simply ordering you to leave.2Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 35
Alongside the direction to leave, the officer can require you to hand over any item they reasonably believe has been used, or is likely to be used, to harass, alarm, or distress people, such as spray paint, portable speakers, or laser pointers.3Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 37 The constable must warn you that refusing to hand it over without reasonable excuse is a criminal offence. Surrendered items have to be returned, although police can keep them for a period.
Places a Dispersal Direction Cannot Keep You From
Section 36 protects certain essentials of daily life. A constable cannot give a direction that prevents you from reaching the place where you live.4Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 36 If your home is inside the zone, you cannot be ordered out of it or blocked from returning to it.
The same protection extends to other obligations you need to attend in person:
- A place you’re required to attend for work, under employment or a contract for services.
- Court, tribunal, or any attendance required by law.
- School, college, or similar education and training commitments.
- Scheduled medical treatment, including GP and hospital appointments.
These exemptions apply at the times you’re actually expected to be there. An officer can still direct you to leave the wider area outside those hours. The practical point is that the power targets loitering and group disorder, not people with ordinary responsibilities inside the zone.
Penalties if You Don’t Comply
Failing to leave when directed, or returning to the area within the exclusion period, is an offence under Section 39. A conviction carries up to three months’ imprisonment or a fine up to Level 4 on the standard scale, currently £2,500.5Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 39 An officer can arrest without warrant anyone they reasonably suspect of committing it.
Refusing to hand over an item when required under Section 37 is a separate, lesser offence. The maximum penalty is a Level 2 fine, currently £500, with no prison term attached.5Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 39
Both offences carry a statutory defence of reasonable excuse, and the burden is on you to show it. Not knowing the exact boundary of the zone is unlikely to qualify if the direction was given clearly. Needing to reach your home or get to a medical appointment inside the zone could succeed, because those are exactly the situations the Act’s own exemptions protect.
Protest, Assembly, and the Human Rights Limit
Dispersal powers sit in tension with the right to peaceful protest, and the statute addresses that tension directly. The inspector who authorizes the zone has to weigh Articles 10 and 11 of the European Convention before signing off.1Legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 34 Those rights can be restricted, but only where the restriction is prescribed by law, pursues a legitimate aim such as preventing disorder, and is necessary in a democratic society.
A peaceful protest cannot be dispersed just because some residents find it inconvenient. The behavior triggering the authorization has to actually reach the threshold of harassment, alarm, or distress, or of contributing to crime and disorder. A noisy but peaceful march is not the same as a group intimidating shopkeepers or blocking emergency access. Using dispersal powers against a peaceful assembly without meeting the statutory criteria risks being unlawful under Section 6 of the Human Rights Act 1998, which bars public authorities from acting incompatibly with Convention rights.
Challenging a Dispersal Order
The most direct challenge is judicial review in the High Court. Because dispersal authorizations and directions are administrative decisions rather than court orders, they can be reviewed on grounds of illegality, irrationality, or procedural unfairness. Arguments typically focus on whether the inspector had reasonable grounds, whether Convention rights were properly considered, or whether the geographic scope and duration were proportionate to the actual problem.
Judicial review has strict time limits. A claim should be filed promptly and in any event within three months of the decision, though the court can extend that in exceptional circumstances. Legal aid may be available depending on your means.
You can also complain through the police force’s internal procedure and, in serious cases, to the Independent Office for Police Conduct. A complaint will not overturn the authorization itself, but it can lead to disciplinary action and shape future practice. Where unlawful use of the power has caused measurable harm, a civil claim for damages is possible, although the practical barriers are high given how short-lived most of these restrictions are.