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Section 54 of the Protection of Freedoms Act 2012 (PFA 2012) makes it a criminal offence to immobilise, remove or restrict the movement of vehicles without lawful authority. What is the meaning of ‘lawful authority’ under this section?

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Published on: 03 July 2017
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Section 54 of the Protection of Freedoms Act 2012

Section 54 of the Protection of Freedoms Act 2012 (PFA 2012) makes it a criminal offence to immobilise, remove or restrict the movement of vehicles without Lawful authority, and is targeted towards rogue wheel clampers. In a previous Attempt to tackle the problem, sections 42–44 of the Crime and security Act 2010 (CSA 2010) and CSA 2010, Sch 1, amended the Private Security Industry Act 2001 (PSIA 2001), to introduce a scheme for the licensing of wheel clamping businesses. The introduction of PFA 2012, s 54 offence in effect replaces that licensing scheme and PSIA 2001 was amended accordingly by PFA 2012, s 115(1).

Lawful authority

A person commits an offence who, without lawful authority (1) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising

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Jurisdiction(s):
United Kingdom
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Key definition:
Lawful authority definition
What does Lawful authority mean?

Where an offence is subject to a defence of 'lawful authority' this postulates some legal exception to the general rule.

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