KEY POINTS
- The Security Industry Authority (SIA) enforces Martyn's Law. Its stated approach is supportive, proportionate and risk-based, with enforcement for serious or persistent non-compliance.
- Civil tools include information notices, compliance notices, restriction notices (enhanced tier and events only) and penalty notices.
- Maximum penalties: £10,000 for standard tier premises; the greater of £18 million or 5% of qualifying worldwide revenue for enhanced tier premises and qualifying events.
- Daily penalties of up to £500 (standard) or £50,000 (enhanced and events) can follow a failure to comply with a compliance or restriction notice.
- Some failures are criminal offences, with up to two years' imprisonment on indictment. Compliance, restriction and penalty notices can be appealed to the tribunal within 28 days.
The short answer
Under the Terrorism (Protection of Premises) Act 2025, the SIA can require information, inspect premises, order you to put things right, restrict how enhanced tier premises or events operate, and impose fines. The maximum fine is £10,000 for standard tier premises. For enhanced tier premises and qualifying events it is £18 million or 5% of qualifying worldwide revenue, whichever is higher. A small number of failures, mostly ignoring SIA notices or lying to the regulator, are criminal offences.
None of this applies yet. The duties are expected to come into force in spring 2027, after an implementation period of at least 24 months from Royal Assent on 3 April 2025. The Home Office factsheet on enforcement says it is anticipated that penalty notices will be the primary method of enforcement, and that enforcement action is for instances of serious or persistent non-compliance.
Not sure which tier you are in? Use the free tier checker, because the tier sets the maximum penalties.
The enforcement ladder at a glance
| Tool | Who it can apply to | What it does | Limits |
|---|---|---|---|
| Advice and support | Anyone in scope | SIA guidance and advice to help you comply (its draft guidance says tailored advice is usually given only where it has identified a specific compliance issue) | No legal sanction |
| Information notice (Schedule 3, para 3) | Anyone the inspector believes can provide the information | Requires documents or information by a date, or attendance to answer questions | Failing to comply is a summary offence (Schedule 3, para 10). A penalty notice is also possible: up to £5,000 for a notice to attend and answer questions (s18(1)(a)); the normal tier maximums for a notice to provide information |
| Inspection | Qualifying premises and events | Inspector enters, inspects, observes, copies documents, takes photos | At least 72 hours' written notice unless a warrant is obtained |
| Compliance notice (s13) | Any person breaching sections 5 to 10 | Orders you to comply with a requirement within a set period | One per contravention; must explain reasons and appeal rights |
| Restriction notice (s14) | Enhanced tier premises and qualifying events only | Restricts use, times or numbers, or stops an event | Up to six months, extendable by up to three months at a time |
| Penalty notice (s17 to s21) | Any person breaching a relevant requirement | Fine payable within at least 28 days | £10,000 standard; £18m or 5% of qualifying worldwide revenue enhanced and events |
| Daily penalty (s19) | Where a penalty is for breaching a compliance or restriction notice | A further sum for each day the breach continues | £500 per day standard; £50,000 per day enhanced and events |
| Prosecution (s24, s25, Schedule 3) | Bodies and, in some cases, their senior people | Criminal proceedings | Up to two years' imprisonment and/or a fine on indictment for the main offences |
Information notices and inspections
The SIA can authorise inspectors who appear to it to be suitably qualified. An inspector can serve a notice requiring specified information by a specified date, or requiring a person to attend and answer questions. The notice must explain why the inspector believes the information is needed and what happens if you do not comply. You are not required to provide information that might incriminate you, and legally privileged material is protected.
Failing to comply with an information notice is an offence under Schedule 3, paragraph 10. It is summary only: an unlimited fine in England and Wales, and up to level 5 on the standard scale in Scotland and Northern Ireland. There is a defence if you took all reasonable steps to comply. Separately, a notice under Schedule 3, paragraph 3 is a relevant requirement for penalty notices (section 17(8)). Section 18(1)(a) sets a lower maximum of £5,000 for breaching a notice to attend and answer questions (paragraph 3(1)(b)). A notice to provide specified information (paragraph 3(1)(a)) has no separate cap, so the ordinary maximums for standard or enhanced tier apply.
For inspections, an inspector must normally give the occupier at least 72 hours' written notice. During a visit they can inspect the premises, observe activities, view and copy documents, inspect equipment, take measurements, photographs and recordings, and require reasonable assistance. A justice can issue a warrant allowing entry without notice, by force if necessary, where for example an inspection has been frustrated, notice would defeat the purpose, or access is urgent. Intentionally obstructing an inspector is a separate offence, as is pretending to be one.
Compliance notices and restriction notices
A compliance notice (section 13) can be given where the SIA has reasonable grounds to believe a person is breaching, or has breached, any requirement in sections 5 to 10: procedures, measures, documentation, co-ordination and co-operation, notification or designating a senior individual. It sets a period for compliance and can list specific steps and require evidence. Before giving one, the SIA must let you make representations. A person cannot receive more than one compliance notice for the same contravention.
A restriction notice (section 14) is reserved for enhanced tier premises and qualifying events. The SIA must have reasonable grounds to believe the procedures or measures duties are being breached and that the notice is necessary to reduce the risk of physical harm from terrorism. It can:
- prohibit certain uses of the premises
- restrict the times the premises can be used, or an event can take place
- limit the number of people present at the same time or at specified times
- prohibit an event from taking place
A restriction notice lasts for a specified period of up to six months, and can be extended by up to three months at a time if the SIA's reasons still apply. The SIA must normally invite representations first, but can skip this step if there is an urgent need. Notices can be varied or withdrawn, but not made more onerous (other than extending a restriction notice).
Monetary penalties and daily penalties
The SIA can give a penalty notice if it is satisfied, on the balance of probabilities, that you are breaching or have breached a relevant requirement. That includes the core duties, a compliance or restriction notice, and an information notice. It does not need to issue a compliance notice first. It must allow representations before issuing a penalty, give at least 28 days to pay, and cannot issue more than one penalty notice for the same contravention.
Maximum amounts under sections 18 and 19:
| Penalty type | Applies to | Maximum | Section |
|---|---|---|---|
| Non-compliance penalty: notice to attend and answer questions | Breach of a Schedule 3, para 3(1)(b) notice | £5,000 | s18(1)(a) |
| Non-compliance penalty: standard tier | Any other relevant contravention relating to standard tier premises | £10,000 | s18(1)(b) |
| Non-compliance penalty: enhanced tier and qualifying events | Any other relevant contravention relating to enhanced tier premises or a qualifying event | The greater of £18 million or 5% of qualifying worldwide revenue for the most recent complete accounting period (£18 million if there is no completed accounting period) | s18(1)(c), (2) to (4) |
| Daily penalty: standard tier | Continuing breach of a compliance notice, after the payment deadline | £500 per day | s19(5)(a) |
| Daily penalty: enhanced tier and qualifying events | Continuing breach of a compliance or restriction notice, after the payment deadline | £50,000 per day | s19(5)(b) |
The SIA must publish a statement explaining what it does and does not count as qualifying worldwide revenue. The Secretary of State can change these figures by regulations.
Daily penalties (section 19) only apply where the penalty is for breaching a compliance notice or restriction notice. They run for each day the breach continues after the payment deadline, up to £500 a day for standard tier premises and £50,000 a day for enhanced tier premises and qualifying events.
Every penalty must be appropriate and proportionate. The SIA must take into account the effects of the contravention, any action you took to remedy it or reduce its effects, and your ability to pay. Unpaid penalties are recoverable as if payable under a High Court order (or, in Scotland, as an extract registered decree arbitral), and carry interest.
Criminal offences and personal liability
The Act creates these offences:
- Failing to comply with a compliance notice relating to enhanced tier premises or a qualifying event (s24(1)). Failing to comply with a compliance notice for standard tier premises is not an offence.
- Failing to comply with a restriction notice (s24(2)).
- Knowingly or recklessly providing false or misleading information to the SIA (s25). This applies to anyone, not just the responsible person, and covers notifications.
- Failing to comply with an information notice (Schedule 3, para 10).
- Intentionally obstructing an authorised inspector (Schedule 3, para 11).
- Falsely pretending to be an authorised inspector (Schedule 3, para 12).
The section 24 and 25 offences carry up to two years' imprisonment and/or a fine on indictment. Summary maximums differ by nation: the general limit in a magistrates' court in England and Wales, 12 months in Scotland and six months in Northern Ireland. For the section 24 and information notice offences, it is a defence to show you took all reasonable steps to comply.
Where a company or other body commits an offence of ignoring a compliance, restriction or information notice with the consent or connivance of a director, manager or similar person, or because of their neglect, that person can be prosecuted too. For false information, obstruction and impersonation, consent or connivance is required. The Home Office guidance says the SIA may refer cases for prosecution only in the most serious cases, where it is proportionate and in the public interest. The designated senior individual is not personally liable for penalty notices, but can be prosecuted under these rules like any other senior person.
Appeals and your right to be heard
You have two layers of protection. First, before a compliance notice, restriction notice (unless urgent) or penalty notice is given, the SIA must let you make representations. Use that window: send evidence of what you have done and what you plan to do.
Second, you can appeal to the tribunal (the First-tier Tribunal, or the Upper Tribunal where the rules provide) against any compliance notice, restriction notice, penalty notice or variation. The appeal must be brought within 28 days of the notice or variation. The grounds are that the decision was based on an error of fact, was wrong in law, or was unfair or unreasonable for any other reason. The tribunal can consider new evidence that the SIA did not have.
- A compliance notice or penalty notice has no effect while an appeal is pending, unless the tribunal orders otherwise.
- A restriction notice stays in effect during an appeal unless the tribunal orders that it should not.
Separately, anyone with control of premises, or the SIA, can ask the tribunal to decide disputed scope questions, such as whether premises qualify, which tier they are in, or who is responsible.
What this means for you
The Act does not give the public a new right to sue you for breaching it, though rights of action that exist apart from the Act, such as negligence claims, are unaffected (section 31). In practice, the strongest protection is a clear paper trail that shows you took the duties seriously:
- Confirm your tier and responsible person, and record how you decided.
- Notify the SIA on time and keep the details accurate. See notifying the SIA.
- Put proportionate public protection procedures in place and brief staff.
- For 800 or more, meet the enhanced tier duties, including the compliance document.
- Keep training, drill and review records.
- If the SIA contacts you, respond promptly, use your right to make representations and take advice if a notice is proposed.
Our packs are built to produce exactly this kind of record for standard tier venues.
Frequently asked questions
What is the maximum fine under Martyn's Law?
£10,000 for a contravention relating to standard tier premises. For enhanced tier premises and qualifying events, the maximum is £18 million or 5% of qualifying worldwide revenue, whichever is higher. Daily penalties of up to £500 or £50,000 can be added for continuing breaches of a compliance or restriction notice.
Can I go to prison for breaching Martyn's Law?
Not for simply falling short of the duties. Imprisonment is possible for specific offences, such as ignoring a restriction notice, ignoring an enhanced tier compliance notice or knowingly giving false information to the SIA, with a maximum of two years on indictment.
Will the SIA fine me straight away?
It can issue a penalty notice without a prior compliance notice, but must first let you make representations. The SIA describes its approach as supportive, proportionate and risk-based, and the Home Office expects enforcement action for serious or persistent non-compliance.
How do I appeal an SIA notice or fine?
Appeal to the tribunal within 28 days of the notice. The grounds are an error of fact, an error of law, or that the decision was unfair or unreasonable. Compliance notices and penalties are suspended during an appeal unless the tribunal orders otherwise.
Sources
General information based on the Act and published guidance, not legal advice. Check the official statutory guidance on GOV.UK for your situation.