Session 2010 - 12
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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—

 
 

 
 

6

 
 

“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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