Protection of Freedoms Bill

Session 2010 - 12
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Protection of Freedoms Bill

Protection of Freedoms Bill
commons REASON and AMENDMENTs
[The page and line references are to HL Bill 99, the bill as first printed for the Lords.]
Clause 40
16
Page 33, line 33, at end insert—

“(3)
A further safeguard shall be that, unless explicitly provided for in the

statute providing for the power of entry, all powers of entry shall be

exercised by agreement with the premises occupier or by warrant.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendments Nos. 16, 17 and 18 for the Reason set out at

18A
17
Page 33, line 33, at end insert—

“(4)
A further safeguard shall be that, notwithstanding the statute providing for

the power of entry, a power of entry may only be used without warrant, or

without agreement with the occupier of the premises to be entered, in cases

where the authority using the power can demonstrate that the aim of the

use of the power would be frustrated if a warrant or agreement were

sought.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendments Nos. 16, 17 and 18 for the Reason set out at

18A
18
Page 33, line 33, at end insert—

“(5)
The safeguards set out in subsections (3) and (4) above shall not apply in

any case where the authority exercising the power of entry is—

(a)
a Trading Standards Officer acting under any legislation which

permits the Officer to exercise such a power;

HL Bill 134 55/1

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(b)
a Constable or a member of the Security Service acting under any

legislation which permits such a person to exercise such a power; or

(c)
doing so in pursuance of the protection of a child or a vulnerable

adult.”

COMMONS DISAGREEMENT AND REASON

The Commons disagree to Lords Amendments Nos. 16, 17 and 18 for the following

Reason—
18A
Because the Commons consider that the imposition of general restrictions of this nature on

the exercise of powers of entry could undermine actions to protect public safety.
Before Clause 107
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,

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(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.

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(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.””

COMMONS AGREEMENT WITH AMENDMENTS

The Commons agree to this Amendment with the following Amendments—
51A
Line 40, at end insert “or serious alarm or distress”
51B
Line 43, after “(b)” insert “either—

(i)
”
51C
Line 44, at end insert “or

(ii)
causes B serious alarm or distress which has a substantial

adverse effect on B’s usual day-to-day activities,”
51D
Line 46, at end insert “or (as the case may be) will cause such alarm or distress”
51E
Line 51, at end insert—

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

will cause B serious alarm or distress which has a substantial adverse effect

on B’s usual day-to-day activities if a reasonable person in possession of the

same information would think the course of conduct would cause B such

alarm or distress.”
Schedule 9
133
Page 184, line 25, at end insert—

“Part 9B

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)—

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(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”.”

COMMONS AGREEMENT WITH AMENDMENTS

The Commons agree to this Amendment with the following Amendments—
133A
Line 22, leave out “by stalking or otherwise” and insert “and stalking involving

fear of violence or serious alarm or distress”
133B
Line 41, leave out “by stalking or otherwise” and insert “and stalking involving

fear of violence or serious alarm or distress”
133C
Line 46, leave out “by stalking or otherwise” and insert “and stalking involving

fear of violence or serious alarm or distress”

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