MARTYN'S LAW - A BRIEF EXPLANATION

The Terrorism Protection of Premises, otherwise known as Martyn’s Law, has not passed the statute book yet but was re-introduced by the new Labour Government during the King’s Speech in July 2024 paving the way for it to be passed as Law. The purpose of Martyn’s Law is to provide a framework whereby premises with certain capacities are prepared for, and protected against, terrorist attacks to reduce their impact. The driving force behind the proposed legislation is Figen Murray, the mother of Martyn Hett who was tragically killed alongside 21 others in the Manchester Arena terrorist attack in 2017. Martyn’s Law legislation will apply across England, Wales, Scotland, and Northern Ireland. The aim of Martyn’s Law is to improve the safety and security of public venues and keep the public safe from terrorism. The Law will ensure that public premises and events are better prepared for, and protected from, terrorist attacks and requires the premises to fulfil several steps according to the capacity, size of venue and the nature of the activity taking place.

The legislation will be focused around two tiers – STANDARD – venues with a capacity of more than 100 but less than 800 people and ENHANCED – for venues with a capacity of more than 800. Apart from the capacity, premises that fall within the scope of the new legislation must be accessible to the public and used for a purpose listed in the Bill such as entertainment, retail, leisure etc. so will include music venues, theatres, and department stores. Provision has been made for temporary event spaces such as festivals. A Government Regulator will be appointed to oversee compliance.

There is wide range support for such legislation with 7 in 10 respondents to the Protect Duty consultation in 2021 agreeing that those responsible for publicly accessible locations take appropriate and proportionate measures to protect the public from attacks.

REQUIREMENTS FOR EACH TIER/ HOW IT WORKS/ HOW IT AFFECTS YOU

STANDARD TIER (Figure 1) – There were several concerns raised during consultations under the last Government with an emphasis on avoiding undue burdens on smaller premises whilst ensuring public protection. As things stand, venues that fall into the standard tier must notify the Regulator they have become responsible for premises within the scope of the Bill. They must have in place procedural measures that could be expected to reduce, as far as reasonably practical, the risk of physical harm to individuals at the premises in the event of an attack.

Broadly, it is not expected that physical alterations be undertaken at standard tier premises however, workers will need to be sufficiently instructed or trained to conduct procedural measures effectively. It should be noted that all schools and places of worship will be placed within the Standard Tier regardless of their capacity.

FIGURE 1 – STANDARD TIER

IMPACT ON SCHOOLS (STANDARD TIER)

Until Martyn’s Law is passed, we do not know how schools will be affected but it is important that they start to prepare. We know that Martyn’s Law requires organisations to focus on reducing any vulnerability to terrorist attack in public spaces and promoting an initiative-taking approach to the assessment of an attack and prevention. Schools should be reviewing their current arrangements via enhanced security risk assessments and training, with an emphasis on those risks from terrorism. They should be undertaking a terrorism risk assessment, a draft evaluation of which has been published by the Home Office.
Draft your evaluation

A natural area for review will be the school’s lockdown procedure. We know that a school’s lockdown alert must sound distinctive to the fire alert, as one means stay on the premises and find a place of safety whilst the other is to evacuate. To solidify their processes, the draft terrorism risk assessment asks how people on the premises will be informed that it has locked down and that they should not attempt to leave due to a threat outside.

Schools may therefore wish to introduce a quickly identifiable audible and/or visual alert system as part of their preparedness. At the very least schools should be reviewing their current emergency plans and seeking security advice.

Compliance with Martyn’s Law is likely to form part of the Ofsted inspection process and failure to comply may lead to improvement notices being issued.

ENHANCED TIER (Figure 2) – larger venues must notify the Regulator of their event. They must ensure they take ‘reasonably practicable’ measures to reduce the risk of a terrorist attack occurring or physical harm being caused. They must keep and maintain a security document, aided by an assessment of the terrorism risk. They must also assign a designated senior individual for the premise or event to oversee and ensure compliance with the additional requirements.

FIGURE 2 – ENHANCED TIER

* Fines for non-compliance are expected to be up to £10,000 for Standard Tier premises and up to £18 million or 5% of global company revenue for Enhanced Tier premises.

* The Regulator will monitor compliance and advise premises within the scope of the Bill. Measures to address non-compliance and full monetary sanctions are yet to be announced.

WIRELESS CRITICAL ALERTS EXPLAINED

The Luminite Alertex Wireless Critical Alert System forms an interconnecting wireless mesh network across a site with a flashing beacons and sounders or wireless speakers for security messaging. When one unit is triggered, it will activate all other units on the same site and within range. The Alertex system can be activated by any call-point or key fob within range of any unit, or remotely from a central location using the Alertex web portal and IP bridge. The system is fully standalone and requires no wires or cabling. Units are battery-powered with a long battery-life up to 2 years.