Will 2025 finally see Martyn’s Law enacted?
The threat from terrorism remains high
ProtectUK (the UK policing counter terrorism website) says: “Since the start of 2017, agencies and law enforcement have disrupted 39 late-stage plots and there have been 15 domestic terror attacks. These terrorist attacks have sadly demonstrated that the public may be targeted at a broad range of public venues and spaces.”
In light of this ongoing threat, the aim of the new bill (Martyn’s Law – the Terrorism (Protection of Premises) Bill) is to improve preparedness and security across a wide range of publicly accessible premises and events, such as nightclubs, libraries, museums, galleries, hotels, hospitals and railway stations.
ProtectUK hosts a series of leaflets (summarised below) that explain the premises in scope and the ‘reasonably practical procedures and measures’ that the new legislation will require. However, the content of the Bill is not finalised. At a Terrorism update webinar in late 2024, Nick Aldworth, Director Counter-Terrorism, Intelligence and Risk at Carlisle Support Services, said: “It is now for Parliament to decide what Martyn’s Law should look like and because of that, there is still the prospect of more change to come.”
Premises in Scope and Duties
The bill establishes two levels of duty of these publicly accessible premises based on the number of people likely to be on the premises at the same time:
- Standard Duty: Premises expected to host 200-799 individuals at the same time.
- Enhanced Duty: Premises expected to host 800 or more individuals at the same time.
Events in Scope within Enhanced Duty
Events meeting the following four criteria will also fall under the enhanced duty requirements:
- Take place in a defined premises (open land, land with a building, or a building not already captured)
- Host at least 800 attendees at the same time, including staff
- Meet “express permission” criteria
- Not take place in premises already in the enhanced duty
Special Considerations
- Places of Worship: All fall within the standard duty, regardless of capacity.
- Educational Institutions: Childcare, primary, secondary, and further education buildings are always in the standard duty.
- Higher Education: Subject to the same requirements as other premises types.
Excluded Premises
- Parliaments and devolved governments
- Most parks, gardens, and open-air recreational spaces (with exceptions)
- Transport premises already subject to existing security legislation
Key Requirements
Those premises in the Standard Duty must implement a set of simple procedures to reduce the risk of physical harm to individuals present. These are:
- Evacuation: The process of getting people safely out of the premises.
- Invacuation: The process of bringing people safely into, or to safe parts within, the premises.
- Lockdown: The process of securing the premises to ensure that the entry of any attacker is restricted or prevented, e.g. locking doors, closing shutters or using barriers.
- Communication: The process of alerting people on the premises to move them away from any danger.
Measures required for the enhanced duty
More comprehensive measures are required due to the potentially higher impact of an attack for those premises in the Enhanced Duty. They must implement the requirements for the Standard Duty and, in addition, the following:
- Provide physical safety and security of the premises
- Control the movement of individuals into, out of, or within premises or event
- Monitor the premises or event, and their immediate vicinity
- Document compliance
- Public protection procedures that they have in place, and/or will put in place
All requirements are subject to the concept of “reasonably practicable”, allowing for consideration of the nature of activities, operating environment, and available resources.
Regulation and Enforcement
A new function of the Security Industry Authority (SIA) will act as the regulator, focusing on:
- Supporting, advising, and guiding businesses
- Using powers and sanctions only for serious and persistent non-compliance
- Ability to fine non-compliant entities and shut down premises in extreme cases
The process of the Bill
The bill must make its way through the legislative process before becoming law. It has to be debated and then approved by each House of Parliament, and then receive Royal Assent to become a law and known as an act. It is currently hoped that Martyn’s Law – the Terrorism (Protection of Premises) Bill will receive Royal Assent in spring 2025. You can track its progress here: UK Parliament: Parliamentary Bills.
Nick Aldworth adds: “Once the bill is passed and becomes an act of parliament, the important work of building an effective regulator will begin. It is likely that this will take up to two years, which is why there has been talk of an implementation period. This will also be the period during which premises can start to build their own capabilities to meet the law that they will be subject to.”
This legislation marks a significant shift in UK counter-terrorism strategy, placing greater responsibility on premises and event organisers to actively consider and mitigate terrorist threats.
For further information, visit the Martyn’s Law section on the Protect UK website:
www.protectuk.police.uk/martyns-law