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Protection of Freedoms Bill |
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marshalled list of motions and amendments to be moved on |
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consideration of commons REASON and AMENDMENTs |
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[The page and line references are to HL Bill 99, the bill as first printed for the Lords.] |
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LORDS AMENDMENTS 16, 17 AND 18 |
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16 | Page 33, line 33, at end insert— |
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| “(3) | A further safeguard shall be that, unless explicitly provided for in the |
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| statute providing for the power of entry, all powers of entry shall be |
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| exercised by agreement with the premises occupier or by warrant.” |
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| COMMONS DISAGREEMENT AND REASON |
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| The Commons disagree to Lords Amendments Nos. 16, 17 and 18 for the Reason set out at |
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17 | Page 33, line 33, at end insert— |
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| “(4) | A further safeguard shall be that, notwithstanding the statute providing for |
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| the power of entry, a power of entry may only be used without warrant, or |
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| without agreement with the occupier of the premises to be entered, in cases |
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| where the authority using the power can demonstrate that the aim of the |
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| use of the power would be frustrated if a warrant or agreement were |
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| COMMONS DISAGREEMENT AND REASON |
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| The Commons disagree to Lords Amendments Nos. 16, 17 and 18 for the Reason set out at |
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18 | Page 33, line 33, at end insert— |
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| “(5) | The safeguards set out in subsections (3) and (4) above shall not apply in |
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| any case where the authority exercising the power of entry is— |
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| (a) | a Trading Standards Officer acting under any legislation which |
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| permits the Officer to exercise such a power; |
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| (b) | a Constable or a member of the Security Service acting under any |
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| legislation which permits such a person to exercise such a power; or |
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| (c) | doing so in pursuance of the protection of a child or a vulnerable |
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| COMMONS DISAGREEMENT AND REASON |
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| The Commons disagree to Lords Amendments Nos. 16, 17 and 18 for the following |
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18A | Because the Commons consider that the imposition of general restrictions of this nature on |
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| the exercise of powers of entry could undermine actions to protect public safety. |
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| Lord Henley to move, That this House do not insist on its Amendments 16, 17 |
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| and 18, to which the Commons have disagreed for their Reason 18A. |
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| Lord Marlesford to move, as an amendment to Motion A, at end insert “but |
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| do propose Amendment 16B as an amendment in lieu” |
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16B | Page 33, line 33, at end insert— |
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| “(3) | Further safeguards shall be that— |
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| (a) | unless explicitly provided for in the statute providing for the power |
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| of entry, all powers of entry shall be exercised by agreement with |
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| the premises occupier or by warrant; and |
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| (b) | that, notwithstanding the statute providing for the power of entry, |
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| a power of entry may only be used without warrant, or without |
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| agreement with the occupier of the premises to be entered— |
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| (i) | in cases where the authority using the power can |
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| demonstrate that the aim of the use of the power would be |
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| frustrated if a warrant was sought; or |
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| (ii) | by persons specified in regulations made by the Secretary of |
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| State when acting under any legislation which permits such |
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| a person to exercise such a power. |
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| (4) | The persons specified in regulations made under subsection (3)(b) may |
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| include, but need not be limited to, any one or more of the following— |
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| (b) | a member of the Security Service; |
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| (c) | an officer of the Serious Organised Crime Agency; |
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| (d) | a Trading Standards Officer; and |
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| (e) | any person acting in pursuance of the protection of a child or a |
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| (5) | Regulations made under subsection (3)(b)(ii) shall be subject to approval by |
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| resolution of both Houses of Parliament.” |
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51 | Insert the following new Clause— |
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| Offences in relation to stalking |
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| (1) | After section 2 of the Protection from Harassment Act 1997 (offence of |
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| (1) | A person is guilty of an offence if— |
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| (a) | the person pursues a course of conduct in breach of section |
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| (b) | the course of conduct amounts to stalking. |
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| (2) | For the purposes of subsection (1)(b) (and section 4A(1)(a)) a |
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| person’s course of conduct amounts to stalking of another person |
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| (a) | it amounts to harassment of that person, |
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| (b) | the acts or omissions involved are ones associated with |
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| (c) | the person whose course of conduct it is knows or ought to |
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| know that the course of conduct amounts to harassment of |
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| (3) | The following are examples of acts or omissions which, in |
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| particular circumstances, are ones associated with stalking— |
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| (b) | contacting, or attempting to contact, a person by any means, |
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| (c) | publishing any statement or other material— |
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| (i) | relating or purporting to relate to a person, or |
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| (ii) | purporting to originate from a person, |
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| (d) | monitoring the use by a person of the internet, email or any |
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| other form of electronic communication, |
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| (e) | loitering in any place (whether public or private), |
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| (f) | interfering with any property in the possession of a person, |
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| (g) | watching or spying on a person. |
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| (4) | A person guilty of an offence under this section is liable on |
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| summary conviction to imprisonment for a term not exceeding 51 |
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| weeks, or a fine not exceeding level 5 on the standard scale, or both. |
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| (5) | In relation to an offence committed before the commencement of |
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| section 281(5) of the Criminal Justice Act 2003, the reference in |
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| subsection (4) to 51 weeks is to be read as a reference to six months. |
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| (6) | This section is without prejudice to the generality of section 2.” |
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| (2) | After section 4 of that Act (putting people in fear of violence) insert— |
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| “4A | Stalking involving fear of violence |
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| (1) | A person (“A”) whose course of conduct— |
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| (a) | amounts to stalking, and |
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| (b) | causes another (“B”) to fear, on at least two occasions, that |
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| violence will be used against B, |
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| (2) | is guilty of an offence if A knows or ought to know that A’s course |
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| of conduct will cause B so to fear on each of those occasions. |
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| (3) | For the purposes of this section A ought to know that A’s course of |
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| conduct will cause B to fear that violence will be used against B on |
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| any occasion if a reasonable person in possession of the same |
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| information would think the course of conduct would cause B so to |
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| (4) | It is a defence for A to show that— |
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| (a) | A’s course of conduct was pursued for the purpose of |
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| preventing or detecting crime, |
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| (b) | A’s course of conduct was pursued under any enactment or |
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| rule of law or to comply with any condition or requirement |
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| imposed by any person under any enactment, or |
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| (c) | the pursuit of A’s course of conduct was reasonable for the |
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| protection of A or another or for the protection of A’s or |
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| (5) | A person guilty of an offence under this section is liable— |
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| (a) | on conviction on indictment, to imprisonment for a term not |
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| exceeding five years, or a fine, or both, or |
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| (b) | on summary conviction, to imprisonment for a term not |
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| exceeding twelve months, or a fine not exceeding the |
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| statutory maximum, or both. |
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| (6) | In relation to an offence committed before the commencement of |
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| section 154(1) of the Criminal Justice Act 2003, the reference in |
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| subsection (4)(b) to twelve months is to be read as a reference to six |
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| (7) | If on the trial on indictment of a person charged with an offence |
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| under this section the jury find the person not guilty of the offence |
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| charged, they may find the person guilty of an offence under |
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| (8) | The Crown Court has the same powers and duties in relation to a |
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| person who is by virtue of subsection (6) convicted before it of an |
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| offence under section 2 or 2A as a magistrates’ court would have on |
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| convicting the person of the offence. |
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| (9) | This section is without prejudice to the generality of section 4.”” |
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| COMMONS AGREEMENT WITH AMENDMENTS |
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| The Commons agree to this Amendment with the following Amendments— |
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