The free library47 of 85 Public order

Wilful obstruction of the highway

s.137Highways Act 1980

Wilfully obstructing the free passage along a highway in any way, without lawful authority or excuse.

Wilful obstruction of the highway · Highways Act 1980, s.137Card 47 / 85

Points to prove

Highway – s.328: the whole or part of a highway, other than a ferry or waterway. At common law, a highway is a way over which the public have a right to pass and repass. It includes bridges and tunnels the highway passes over or through.
Wilfully – the act causing the obstruction must be deliberate, not accidental. The defendant does not need to intend to obstruct (Arrowsmith v Jenkins 1963).
Lawful excuse – in protest cases, whether there is a lawful excuse can depend on whether a conviction would be a proportionate interference with the rights to freedom of expression and assembly (Articles 10 and 11 ECHR) (DPP v Ziegler 2021, Supreme Court).

It does not matter that free passage along the highway had already been temporarily restricted or prohibited, for example by the police or a traffic authority (s.137(1B)).
Since 12 May 2022 (Police, Crime, Sentencing and Courts Act 2022) the offence carries imprisonment as well as a fine. Before then it was fine only.
The section says the maximum is 51 weeks, but that only applies once s.281(5) Criminal Justice Act 2003 comes into force. Until then it is read as 6 months (s.137(1A)).

Legislation: Highways Act 1980, s.137 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or an unlimited fine