House of Lords Amendments

Session 2010 - 12
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Other Bills before Parliament

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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.”

B

Lord Henley to move, That this House do agree with the Commons in their

Amendments 51A, 51B, 51C, 51D and 51E.

B1

Baroness Royall of Blaisdon to move, as an amendment to Motion B, at end in

sert “but do propose Amendment 51F as an amendment to Amendment 51C”
51F
Line 3, at end insert “or

(iii)
causes B to fear for B’s personal safety or the safety of

another”

B2

Baroness Royall of Blaisdon to move, as an amendment to Motion B, at end in

sert “but do propose Amendment 51G as an amendment to Amendment 51E”
51G
Line 6, at end insert—

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

will cause B to fear for his or her personal safety or the safety of another if

a reasonable person in possession of the same information would think the

course of conduct would cause B to so fear.”

MOTION C

LORDS AMENDMENT 133
Schedule 9
133
Page 184, line 25, at end insert—

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“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)—

(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—

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(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”

C

Lord Henley to move, That this House do agree with the Commons in their

Amendments 133A, 133B and 133C.

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