Protection of Freedoms Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING

[Amendments marked * are new or have been altered]

Clause 38

LORD SELSDON

1*

Page 33, line 41, at end insert—

“32C Evidence gathered by non-public bodies using directed surveillance and covert human intelligence sources

Public bodies shall not adopt for the purpose of a prosecution evidence of offences which attract a maximum custodial sentence of six months or less gathered by non-public bodies using directed surveillance or covert human intelligence sources.”

Before Clause 64

BARONESS ROYALL OF BLAISDON

2

Insert the following new Clause—

“Protection from stalking

(1) The Protection from Harassment Act 1997 is amended as follows.

(2) In section 2 (offence of harassment), for subsection (2) substitute—

“(2) A person guilty of an offence under this section is liable on summary or indictable conviction to imprisonment for a term not exceeding five years, or a fine not exceeding the statutory maximum.”

(3) For section 4 (putting people in fear of violence) substitute—

“4 Offence of stalking

(1) A person (“A”) commits an offence, to be known as the offence of stalking, where A stalks another person (“B”).

(2) For the purposes of subsection (1), A stalks B where—

(a) A engages in a course of conduct,

(b) subsection (3) or (4) applies, and

(c) A’s course of conduct causes B to suffer fear, alarm, distress or anxiety.

(3) This subsection applies where A engages in the course of conduct with the intention of causing B to suffer fear, alarm, distress or anxiety.

(4) This subsection applies where A knows, or ought in all the circumstances to have known, that engaging in the course of conduct would be likely to cause B to suffer fear, alarm, distress or anxiety.

(5) It is a defence for a person charged with an offence under this section to show that the course of conduct—

(a) was authorised by virtue of any enactment or rule of law,

(b) was engaged in for the purpose of preventing or detecting crime, or

(c) was, in the particular circumstances, reasonable.

(6) In this section—

“conduct” means (inter alia)—

(a) following B or any other person,

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

(c) publishing any statement or other material—

(i) relating or purporting to relate to B or to any other person,

(ii) purporting to originate from B or from any other person,

(d) monitoring the use by B or by any other person of the internet, email or any other form of electronic or other communication, or making improper use of public electronic communications networks or leaving messages of a menacing character,

(e) entering any premises,

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

(g) interfering with any property in the possession of B or of any other person,

(h) giving anything to B or to any other person or leaving anything where it may be found by, given to or brought to the attention of B or any other person,

(i) watching or spying on B or any other person,

(j) acting in any other way that a reasonable person would expect would cause B to suffer fear or alarm, and

“course of conduct” involves conduct on at least two occasions.

(7) For the purposes of this section, a person makes improper use of an electronic communications network of electronic communications service or other social media if—

(a) the effect or likely effect of use of the network or service by A is to cause B, another person, unnecessarily to suffer annoyance, inconvenience or anxiety, or

(b) A uses the network or service to engage in conduct, the effect or likely effect of which is to cause B, another person, unnecessarily to suffer annoyance, inconvenience or anxiety.

(8) The Secretary of State may by regulation add further forms of conduct to subsection (6)(b).

(9) A person convicted of the offence of stalking is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both,

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum or to both.

(10) Subsection (9) applies where, in the trial of a person (“the accused”) charged with the offence of stalking, the jury or, in summary proceedings, the court—

(a) is not satisfied that the accused committed the offence, but

(b) is satisfied that the accused committed an offence under section 2.

(11) The jury or, as the case may be, the court may acquit the accused of the charge and, instead, find the accused guilty of an offence under section 2.””

3*

Insert the following new Clause—

“Regulation on protection from stalking

(1) The Secretary of State shall ensure that serial stalking offenders are flagged on the Police National Database, in order that they are known to the police regardless of their location.

(2) The Secretary of State shall on an annual basis, lay before both Houses of Parliament a report on the implementation of an offence of stalking, to include (inter alia)—

(a) information on the effect of the introduction of the offence on the number of victims of stalking and harassment, and

(b) information on the training of professionals within the criminal justice system in the implementation and use of the offence of stalking.”

Clause 64

LORD HARRIS OF HARINGEY

4

Page 53, line 9, at end insert “and includes the monitoring of verbal, sign language and written communication between the supervised person and such children”

After Clause 64

LORD BICHARD

BARONESS ROYALL OF BLAISDON

LORD HARRIS OF HARINGEY

5

Insert the following new Clause—

“Voluntary application for relevant information: children

(1) The Secretary of State shall by regulation ensure that any person who permits, or is considering whether to permit, an individual to engage in any form of work, for gain or otherwise, which involves regular and close contact with children, may be permitted to obtain a relevant enhanced criminal record certificate.

(2) In this section “relevant enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113BA of the Police Act 1997, which includes by virtue of that section, suitability information relating to children.

(3) The Secretary of State shall produce guidance on the interpretation of the terms “regular and close contact with children” under subsection (1) of this section.

(4) Guidance produced for the purposes of subsection (3) of this section shall recommend that such organisations as described, should seek to obtain a relevant enhanced criminal record certificate as a matter of best practice.

(5) In table 1 of Schedule 7 to the Safeguarding Vulnerable Groups Act 2006, at end insert—

“20. Person who permits, or is considering whether to permit, B to engage in any form of work, for gain or otherwise, which involves regular and close contact with children, but does not fall within Part 1 of Schedule 4. Children””

After Clause 110

LORD HENLEY

6

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—

“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.””

[Amendments 7 to 12 are amendments to Amendment 6]

BARONESS ROYALL OF BLAISDON

7*

Line 21, at end insert “inter alia”

8*

Line 31, at end insert—

“(h) or acting in any other way that would cause a reasonable person to suffer fear or alarm.

(3A) The Secretary of State may by regulation add further forms of conduct to subsection (3).”

9*

Line 32, leave out from “liable” to end of line 34 and insert—

“(a) 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; or

(b) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both.”

10*

Line 40, after “violence” insert “, or fear, alarm, distress or anxiety”

11*

Line 44, at end insert “or cause B to suffer fear, alarm, distress or anxiety”

12*

Line 48, after second “B” insert “or cause B to suffer fear, alarm, distress or anxiety”

LORD HENLEY

13

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—

“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.””

BARONESS ROYALL OF BLAISDON

[As an amendment to Amendment 13]

14*

Line 28, at end insert—

“(1A) Where a person has been arrested under section 2 or 2A of the Protection from Harassment Act 1997, a constable may enter and search any premises occupied or controlled by the arrested person, if that constable has reasonable grounds for suspecting that there is on the premises evidence other than items subject to legal privilege, that relates to that offence.”

Clause 117

LORD HENLEY

15

Page 103, line 18, at end insert—

“( ) section 53 and Schedule 3,”

16

Page 103, line 25, leave out “(8)(l)” and insert “(8)(ja) and (l)”

17

Page 104, line 32, leave out “Schedule 2” and insert “section 53 and Schedules 2 and 3”

18

Page 104, line 40, 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 10A of Schedule 9,”

Clause 118

BARONESS O’NEILL OF BENGARVE

LORD OXBURGH

19

Page 105, line 4, at end insert—

“( ) No order under subsection (1) appointing a day for section 103 to come into force shall be made until—

(a) the Secretary of State has produced and laid before both Houses of Parliament a response to any recommendations made in the post-legislative scrutiny review of the Freedom of Information Act;

(b) both Houses of Parliament have given legislative effect to any recommendations arising from that review which require legislation to take effect;

(c) the Secretary of State has laid before both Houses of Parliament any revisions to the code of practice issued under section 45 of the Freedom of Information Act 2000 (issue of code of practice by Secretary of State) made in pursuance of paragraph (da) of subsection (2), or of subsection (2A) of that section of that Act; and

(d) both Houses of Parliament have passed a resolution affirming support for any such revisions to the code of practice.”

Schedule 1

LORD HENLEY

20

Page 117, line 18, after “held” insert “for the purposes of national security”

21

Page 118, line 10, at end insert—

“( ) paragraph 18(2) of Schedule 2 to the Immigration Act 1971;”

22

Page 118, line 12, at end insert “and any corresponding provision in an order under section 113 of that Act”

23

Page 118, line 15, leave out from beginning to end of line 16

24

Page 118, line 18, leave out “1(2)” and insert “2(2)”

25

Page 118, line 18, 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;”

Schedule 8

LORD HENLEY

26

Page 171, line 21, at end insert—

“( ) is a person in relation to whom a moratorium period, under a debt relief order made under Part 7A of the Insolvency Act 1986 or Part 7A of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)), applies,”

27

Page 171, line 25, at end insert—

“( ) is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989,”

Schedule 9

LORD HENLEY

28

Page 184, line 10, at end insert—

“41A (1) Section 120A (refusal and cancellation of registration on grounds related to disclosure) is amended as follows.

(2) In subsection (3A) omit paragraphs (b) and (c).

(3) Omit subsections (3B) and (3C).

(4) In subsection (3D)—

(a) for “subsections (3A) to (3C)” substitute “subsection (3A)”,

(b) for “those subsections” substitute “that subsection”, and

(c) omit the words from “, except” to the end of the subsection.”

29

Page 196, line 28, at end insert—

“Part 10A Stalking Protection from Harassment Act 1997

141A (1) The Protection from Harassment Act 1997 is amended as follows.

(2) In section 1(2) (circumstances in which a person ought to know that a course of conduct amounts to harassment) after “this section” insert “or section 2A(2)(c)”.

(3) In section 4 (putting people in fear of violence)—

(a) in subsection (5) after “section 2” insert “or 2A”, and

(b) in subsection (6) after “section 2” insert “or 2A”.

Crime and Disorder Act 1998

141B (1) Section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment etc.) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) after “section 2” insert “or 2A”, and

(ii) for “offence of harassment” substitute “offences of harassment and stalking”, and

(b) in paragraph (b)—

(i) after “section 4” insert “or 4A”, and

(ii) after “violence” insert “by stalking or otherwise”.

(3) In subsection (5) for “the basic offence” substitute “either basic offence”.

Criminal Justice and Police Act 2001

141C In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (powers of seizure to which section 50 of that Act applies), after paragraph 63, insert—

“Protection from Harassment Act 1997

63A The power of seizure conferred by section 2B(2) of the Protection from Harassment Act 1997 (seizure of material relevant to stalking).”

Sexual Offences Act 2003

141D In Schedule 5 to the Sexual Offences Act 2003 (relevant offences for the purposes of notification and orders)—

(a) in paragraph 56A—

(i) after “section 2” insert “or 2A”, and

(ii) for “offence of harassment” substitute “offences of harassment and stalking”, and

(b) in paragraph 57—

(i) after “section 4” insert “or 4A”, and

(ii) after “violence” insert “by stalking or otherwise”.

Criminal Justice Act 2003

141E In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified violent offences), in paragraph 57—

(a) after “section 4” insert “or 4A”, and

(b) after “violence” insert “by stalking or otherwise”.”

Schedule 10

LORD HENLEY

30

Page 198, line 40, at end insert—

“( ) the Milk (Cessation of Production) Act 1985,”

31

Page 201, line 14, at end insert—

“In section 120A— (a) subsection (3A)(b) and (c), (b) subsections (3B) and (3C), and (c) in subsection (3D), the words from “, except” to the end of the subsection.”

In the Title

LORD HENLEY

32

Line 11, after first “and” insert “about stalking;”

Prepared 12th March 2012