Police Reform and Social Responsibility Bill (HL Bill 77)

146 Directions under section 145: further provision

(1) A direction requiring a person to cease doing a prohibited activity may include

a direction that the person does not start doing that activity again after having

25ceased it.

(2) A direction requiring a person not to start doing a prohibited activity continues

in force until—

(a) the end of such period beginning with the day on which the direction

is given as may be specified by the constable or authorised officer

30giving the direction, or

(b) if no such period is specified, the end of the period of 90 days beginning

with the day on which the direction is given.

(3) A period specified under subsection (2)(a) may not be longer than 90 days.

(4) A direction may be given to a person to cease operating, or not to start

35operating, any amplified noise equipment only if it appears to the constable or

authorised officer giving the direction that the following condition is met.

(5) The condition is that the person is operating, or is about to operate, the

equipment in such a manner as to produce sound that other persons in or in

the vicinity of the controlled area of Parliament Square can hear or are likely to

40be able to hear.

(6) A direction—

(a) may be given orally,

(b) may be given to any person individually or to two or more persons

together, and

(c) 45may be withdrawn or varied by the person who gave it.

(7) In this section—

• “amplified noise equipment” has the meaning given by section 145(4);

• “direction” means a direction given under section 145(1).

147 Power to seize property

(1) 5A constable or authorised officer may seize and retain a prohibited item that is

on any land in the controlled area of Parliament Square if it appears to that

constable or officer that the item is being, or has been, used in connection with

the commission of an offence under section 145.

(2) A constable may seize and retain a prohibited item that is on any land outside

10of the controlled area of Parliament Square if it appears to the constable that the

item has been used in connection with the commission of an offence under

section 145.

(3) A “prohibited item” is any item of a kind mentioned in section 145(2).

(4) A constable may use reasonable force, if necessary, in exercising a power of

15seizure under this section.

(5) An item seized under this section must be returned to the person from whom

it was seized—

(a) no later than the end of the period of 28 days beginning with the day on

which the item was seized, or

(b) 20if proceedings are commenced against the person for an offence under

section 145 before the return of the item under paragraph (a), at the

conclusion of those proceedings.

(6) If it is not possible to return an item under subsection (5) because the name or

address of the person from whom it was seized is not known—

(a) 25the item may be returned to any other person appearing to have rights

in the property who has come forward to claim it, or

(b) if there is no such person, the item may be disposed of or destroyed at

any time after the end of the period of 90 days beginning with the day

on which the item was seized.

(7) 30Subsections (5)(b) and (6) do not apply if a court makes an order under section

148(1)(a) for the forfeiture of the item.

(8) The references in subsections (1) and (2) to an item that is “on” any land include

references to an item that is in the possession of a person who is on any such

land.

148 35Power of court on conviction

(1) The court may do either or both of the following on the conviction of a person

(“P”) of an offence under section 145—

(a) make an order providing for the forfeiture of any item of a kind

mentioned in subsection (2) of that section that was used in the

40commission of the offence;

(b) make such other order as the court considers appropriate for the

purpose of preventing P from engaging in any prohibited activity in the

controlled area of Parliament Square.