Protection of Freedoms Bills

Session 2010 - 12
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Other Bills before Parliament

Protection of Freedoms Bills

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(b)
a person who is a British subject by virtue of Part 4

of the British Nationality Act 1981 and who has the

right of abode in the United Kingdom, or

(c)
a person who is a British overseas territories citizen

by virtue of a connection with Gibraltar.””
51
Insert the following new Clause—

“Stalking

Offences in relation to stalking

(1)
After section 2 of the Protection from Harassment Act 1997 (offence of

harassment) insert—

“2A
Offence of stalking

(1)
A person is guilty of an offence if—

(a)
the person pursues a course of conduct in breach of section

1(1), and

(b)
the course of conduct amounts to stalking.

(2)
For the purposes of subsection (1)(b) (and section 4A(1)(a)) a

person’s course of conduct amounts to stalking of another person

if—

(a)
it amounts to harassment of that person,

(b)
the acts or omissions involved are ones associated with

stalking, and

(c)
the person whose course of conduct it is knows or ought to

know that the course of conduct amounts to harassment of

the other person.

(3)
The following are examples of acts or omissions which, in

particular circumstances, are ones associated with stalking—

(a)
following a person,

(b)
contacting, or attempting to contact, a person by any means,

(c)
publishing any statement or other material—

(i)
relating or purporting to relate to a person, or

(ii)
purporting to originate from a person,

(d)
monitoring the use by a person of the internet, email or any

other form of electronic communication,

(e)
loitering in any place (whether public or private),

(f)
interfering with any property in the possession of a person,

(g)
watching or spying on a person.

(4)
A person guilty of an offence under this section is liable on

summary conviction to imprisonment for a term not exceeding 51

weeks, or a fine not exceeding level 5 on the standard scale, or both.

(5)
In relation to an offence committed before the commencement of

section 281(5) of the Criminal Justice Act 2003, the reference in

subsection (4) to 51 weeks is to be read as a reference to six months.

(6)
This section is without prejudice to the generality of section 2.”

(2)
After section 4 of that Act (putting people in fear of violence) insert—

13

“4A
Stalking involving fear of violence

(1)
A person (“A”) whose course of conduct—

(a)
amounts to stalking, and

(b)
causes another (“B”) to fear, on at least two occasions, that

violence will be used against B,


is guilty of an offence if A knows or ought to know that A’s course

of conduct will cause B so to fear on each of those occasions.

(2)
For the purposes of this section A ought to know that A’s course of

conduct will cause B to fear that violence will be used against B on

any occasion if a reasonable person in possession of the same

information would think the course of conduct would cause B so to

fear on that occasion.

(3)
It is a defence for A to show that—

(a)
A’s course of conduct was pursued for the purpose of

preventing or detecting crime,

(b)
A’s course of conduct was pursued under any enactment or

rule of law or to comply with any condition or requirement

imposed by any person under any enactment, or

(c)
the pursuit of A’s course of conduct was reasonable for the

protection of A or another or for the protection of A’s or

another’s property.

(4)
A person guilty of an offence under this section is liable—

(a)
on conviction on indictment, to imprisonment for a term not

exceeding five years, or a fine, or both, or

(b)
on summary conviction, to imprisonment for a term not

exceeding twelve months, or a fine not exceeding the

statutory maximum, or both.

(5)
In relation to an offence committed before the commencement of

section 154(1) of the Criminal Justice Act 2003, the reference in

subsection (4)(b) to twelve months is to be read as a reference to six

months.

(6)
If on the trial on indictment of a person charged with an offence

under this section the jury find the person not guilty of the offence

charged, they may find the person guilty of an offence under

section 2 or 2A.

(7)
The Crown Court has the same powers and duties in relation to a

person who is by virtue of subsection (6) convicted before it of an

offence under section 2 or 2A as a magistrates’ court would have on

convicting the person of the offence.

(8)
This section is without prejudice to the generality of section 4.””
52
Insert the following new Clause—

“Power of entry in relation to offence of stalking

After section 2A of the Protection from Harassment Act 1997 (for which see

section (Offences in relation to stalking)) insert—

14

“2B
Power of entry in relation to offence of stalking

(1)
A justice of the peace may, on an application by a constable, issue a

warrant authorising a constable to enter and search premises if the

justice of the peace is satisfied that there are reasonable grounds for

believing that—

(a)
an offence under section 2A has been, or is being,

committed,

(b)
there is material on the premises which is likely to be of

substantial value (whether by itself or together with other

material) to the investigation of the offence,

(c)
the material—

(i)
is likely to be admissible in evidence at a trial for the

offence, and

(ii)
does not consist of, or include, items subject to legal

privilege, excluded material or special procedure

material (within the meanings given by sections 10,

11 and 14 of the Police and Criminal Evidence Act

1984), and

(d)
either—

(i)
entry to the premises will not be granted unless a

warrant is produced, or

(ii)
the purpose of a search may be frustrated or

seriously prejudiced unless a constable arriving at

the premises can secure immediate entry to them.

(2)
A constable may seize and retain anything for which a search has

been authorised under subsection (1).

(3)
A constable may use reasonable force, if necessary, in the exercise

of any power conferred by virtue of this section.

(4)
In this section “premises” has the same meaning as in section 23 of

the Police and Criminal Evidence Act 1984.””
Clause 110
53
Page 95, line 19, after “Part 1” insert “and any Welsh provision”
54
Page 95, line 19, at end insert—

“(2)
The Welsh Ministers may by order made by statutory instrument make

such transitional, transitory or saving provision as the Welsh Ministers

consider appropriate in connection with the coming into force of any Welsh

provision.

(3)
In this section “Welsh provision” means any provision of this Act so far as

it falls within section 114(3).”
Clause 112
55
Page 95, line 29, leave out from “for” to “to” in line 30 and insert “any of the

provisions of—

“(a)
Chapters 1 to 3 of Part 5 (and Parts 6 to 8 of Schedule 9 and Parts 5

and 6 of Schedule 10), or

(b)
section (Trafficking people for labour and other exploitation) (and Part

9A of Schedule 9, and Part 8A of Schedule 10, so far as relating to

15

the Asylum and Immigration (Treatment of Claimants, etc) Act

2004),”
Clause 113
56
Page 95, line 36, at end insert—

“( )
section 53 and Schedule 3,”
57
Page 95, line 41, leave out “107 and” and insert “(Trafficking people for sexual

exploitation) to”
58
Page 96, line 1, leave out “and 6 to 10” and insert “, 6, 7 and 9 to 10”
59
Page 96, line 2, leave out “(8)(i)” and insert “(8)(ja) and (l)”
60
Page 96, line 3, leave out “, 9 and” and insert “and 8A to”
61
Page 96, line 4, leave out “(8)(i)” and insert “(8)(l)”
62
Page 96, line 8, after “9,” insert—

“(aa)
the repeal of section 22 of the Crime and Security Act 2010 in

paragraph 4(2) of Schedule 9 and Part 1 of Schedule 10,”
63
Page 96, line 17, after “1997” insert “(excluding sections 113A(10) and 113B(13) of

that Act)”
64
Page 96, line 22, leave out “Parts 5 and 6” and insert “Part 5”
65
Page 96, line 44, after “have” insert “(subject to subsection (2)(aa))”
66
Page 97, line 3, leave out “Schedule 2” and insert “section 53 and Schedules 2 and 3”
67
Page 97, line 9, leave out “112” and insert “111”
68
Page 97, line 11, at end insert—

“(ja)
the amendments of Schedule 1 to the Criminal Justice and Police

Act 2001, and Schedule 5 to the Sexual Offences Act 2003, in Part 9B

of Schedule 9,”
69
Page 97, line 17, leave out subsection (9)
Schedule 1
70
Page 105, line 17, at end insert—

“(5A)
The responsible chief officer of police may apply to a relevant

court for an order to retain a sample to which this paragraph

applies beyond the date on which the sample would otherwise

be required to be destroyed by virtue of sub-paragraph (4) or

(5) if—

(a)
the sample was taken from a person detained under

section 41 in connection with the investigation of a

qualifying offence, and

(b)
the responsible chief officer of police considers that the

condition in sub-paragraph (5B) is met.

    (5B)
The condition is that, having regard to the nature and

complexity of other material that is evidence in relation to the

offence, the sample is likely to be needed in any proceedings

for the offence for the purposes of—

16

(a)
disclosure to, or use by, a defendant, or

(b)
responding to any challenge by a defendant in respect

of the admissibility of material that is evidence on

which the prosecution proposes to rely.

    (5C)
An application under sub-paragraph (5A) must be made

before the date on which the sample would otherwise be

required to be destroyed by virtue of sub-paragraph (4) or (5).

    (5D)
If, on an application made by the responsible chief officer of

police under sub-paragraph (5A), the relevant court is satisfied

that the condition in sub-paragraph (5B) is met, it may make an

order under this sub-paragraph which—

(a)
allows the sample to be retained for a period of 12

months beginning with the date on which the sample

would otherwise be required to be destroyed by virtue

of sub-paragraph (4) or (5), and

(b)
may be renewed (on one or more occasions) for a

further period of not more than 12 months from the

end of the period when the order would otherwise

cease to have effect.

    (5E)
An application for an order under sub-paragraph (5D) (other

than an application for renewal)—

(a)
may be made without notice of the application having

been given to the person from whom the sample was

taken, and

(b)
may be heard and determined in private in the absence

of that person.

    (5F)
In Scotland, an application for an order under sub-paragraph

(5D) (including an application for renewal) is to be made by

summary application.

    (5G)
A sample retained by virtue of an order under sub-paragraph

(5D) must not be used other than for the purposes of any

proceedings for the offence in connection with which the

sample was taken.

    (5H)
A sample that ceases to be retained by virtue of an order under

sub-paragraph (5D) must be destroyed.”
71
Page 105, leave out lines 23 and 24 and insert—

    “(7)
In this paragraph—

“ancillary offence”, in relation to an offence for the time being listed

in section 41(1) of the Counter-Terrorism Act 2008, means—

(a)
aiding, abetting, counselling or procuring the commission

of the offence, or

(b)
inciting, attempting or conspiring to commit the offence;

“qualifying offence”—

(a)
in relation to the investigation of an offence committed in

England and Wales, has the meaning given by section 65A

of the Police and Criminal Evidence Act 1984,

(b)
in relation to the investigation of an offence committed in

Scotland, means a relevant offence, an offence for the time

17

being listed in section 41(1) of the Counter-Terrorism Act

2008 or an ancillary offence to an offence so listed, and

(c)
in relation to the investigation of an offence committed in

Northern Ireland, has the meaning given by Article 53A of

the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)).

“relevant court” means—

(a)
in England and Wales, a District Judge (Magistrates’

Courts),

(b)
in Scotland, the sheriff—

(i)
in whose sheriffdom the person to whom the sample

relates resides,

(ii)
in whose sheriffdom that person is believed by the

responsible chief officer of police to be, or

(iii)
to whose sheriffdom that person is believed by the

responsible chief officer of police to be intending to

come; and

(c)
in Northern Ireland, a district judge (magistrates’ court) in

Northern Ireland;

“relevant offence” has the same meaning as in section 19A of the

Criminal Procedure (Scotland) Act 1995;

“a relevant search” has the meaning given by paragraph 20A(6).”
72
Page 106, line 20, at end insert—

“20HA
Paragraphs 20A to 20F and 20H do not apply to paragraph 20A material

relating to a person detained under section 41 which is, or may become,

disclosable under—

(a)
the Criminal Procedure and Investigations Act 1996, or

(b)
a code of practice prepared under section 23 of that Act and in

operation by virtue of an order under section 25 of that Act.”
73
Page 108, line 26, after “held” insert “for the purposes of national security”
74
Page 109, line 18, at end insert—

“( )
paragraph 18(2) of Schedule 2 to the Immigration Act 1971;”
75
Page 109, line 19, after “sections” insert “22,”
76
Page 109, line 20, at end insert “and any corresponding provision in an order under

section 113 of that Act”
77
Page 109, line 21, after “Articles” insert “24,”
78
Page 109, line 23, leave out from beginning to end of line 24
79
Page 109, line 26, leave out “1(2)” and insert “2(2)”
80
Page 109, line 26, at end insert—

“( )
paragraphs 20(3) and 20A to 20J of Schedule 8 to the

Terrorism Act 2000;

( )
section 56 of the Criminal Justice and Police Act 2001;

( )
paragraph 8 of Schedule 4 to the International Criminal

Court Act 2001;

( )
sections 73, 83, 87, 88 and 89 of the Armed Forces Act 2006

and any provision relating to the retention of material in

an order made under section 74, 93 or 323 of that Act;”