What is a dispersal order and what are my rights if one is issued?

A dispersal order is a power under sections 34 and 35 of the Anti-social Behaviour, Crime and Policing Act 2014 that allows the police to clear people from an area where anti-social behaviour or crime is occurring or is likely to occur. It is most commonly used at gatherings, protests that have turned disorderly, or in areas experiencing persistent anti-social behaviour.

The power must be authorised by an officer of at least the rank of inspector, who must have reasonable grounds to suspect that the use of the power is necessary to remove or reduce the likelihood of anti-social behaviour, crime, or disorder in the area. The authorisation specifies the geographical area and the time period, which can be up to 48 hours. The authorisation must be given in writing and must specify the area covered and the period during which it is in force.

Once an authorisation is in place, a constable in uniform may direct any person in the area to leave and not return for a specified period (up to 48 hours). The officer can also confiscate any item being used or likely to be used in anti-social behaviour. The direction must be given in writing unless it is not reasonably practicable to do so, and must specify the area to which it relates and the period during which the person must not return.

Failure to comply with a direction to leave without reasonable excuse is a summary offence. A person convicted of this offence can be sentenced to up to three months' imprisonment, a fine, or both. It is not a defence that the person lives in the area: the direction can require a person to go to their home and remain there, but it cannot prevent a person from going to their home. The person can also request that the inspector review the direction if they believe it is unreasonable.

There are important limitations on this power. It cannot be used to prevent peaceful protest where the protest itself is not causing or likely to cause anti-social behaviour. Officers must exercise the power proportionately and must have regard to Articles 10 and 11 of the European Convention on Human Rights (freedom of expression and freedom of assembly). If you believe a dispersal direction has been given unlawfully, you can challenge it by way of judicial review or by raising it as a defence if prosecuted for non-compliance.

Key Points

• A dispersal order must be authorised by an inspector or above, not an ordinary constable
• The authorisation covers a specific area for up to 48 hours
• Officers can direct individuals to leave the area and not return for up to 48 hours (72 hours from 26 October 2026) (72 hours from 26 October 2026)
• Failure to comply without reasonable excuse is a criminal offence carrying up to three months' imprisonment
• The power cannot prevent you from going to your own home within the area
• Officers can confiscate items being used or likely to be used in anti-social behaviour
• The power must be exercised proportionately and cannot be used to suppress lawful peaceful protest
• You can request the authorising inspector to review a direction you believe is unreasonable

Updated 16 October 2026: from 26 October 2026 a dispersal direction under s.35 may exclude a person for up to 72 hours, and a police officer of at least the rank of inspector must review any direction exceeding 48 hours; the inspector's authorisation under s.34 itself remains limited to 48 hours (Crime and Policing Act 2026, s.3(2), commenced by SI 2026/960, reg 4).