Police, Crime, Sentencing and Courts Bill (HL Bill 40)

Part 3 continued    

(5)After subsection (5) insert—

“(5A)A person is guilty of an offence under subsection (4) or (5) only if—

(a)in the case of a public procession in England and Wales, at the
time the person fails to comply with the condition the person
5knows or ought to know that the condition has been imposed;

(b)in the case of a public procession in Scotland, the person
knowingly fails to comply with the condition.”

(6)For subsections (8) to (10) substitute—

“(8)A person guilty of an offence under subsection (4) is liable on summary
10conviction—

(a)in the case of a public procession in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 4 on the standard scale or both;

(b)in the case of a public procession in Scotland, to imprisonment
15for a term not exceeding 3 months or a fine not exceeding level
4 on the standard scale or both.

(9)A person guilty of an offence under subsection (5) is liable on summary
conviction—

(a)in the case of a public procession in England and Wales, to a fine
20not exceeding level 4 on the standard scale;

(b)in the case of a public procession in Scotland, to a fine not
exceeding level 3 on the standard scale.

(10)A person guilty of an offence under subsection (6) is liable on summary
conviction—

(a)25in the case of a public procession in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 4 on the standard scale or both;

(b)in the case of a public procession in Scotland, to imprisonment
for a term not exceeding 3 months or a fine not exceeding level
304 on the standard scale or both.

(10A)In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales), the references in
subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references
35to 6 months.”

(7)Section 14 (imposing conditions on public assemblies) is amended in
accordance with subsections (8) to (11).

(8)In subsection (4)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)40omit “knowingly”.

(9)In subsection (5)—

(a)for “A person” substitute “Subject to subsection (5A), a person”, and

(b)omit “knowingly”.

(10)After subsection (5) insert—

“(5A)45A person is guilty of an offence under subsection (4) or (5) only if—

(a)in the case of a public assembly in England and Wales, at the
time the person fails to comply with the condition the person
knows or ought to know that the condition has been imposed;

(b)in the case of a public assembly in Scotland, the person
5knowingly fails to comply with the condition.”

(11)For subsections (8) to (10) substitute—

“(8)A person guilty of an offence under subsection (4) is liable on summary
conviction—

(a)in the case of a public assembly in England and Wales, to
10imprisonment for a term not exceeding 51 weeks or a fine not
exceeding level 4 on the standard scale or both;

(b)in the case of a public assembly in Scotland, to imprisonment for
a term not exceeding 3 months or a fine not exceeding level 4 on
the standard scale or both.

(9)15A person guilty of an offence under subsection (5) is liable on summary
conviction—

(a)in the case of a public assembly in England and Wales, to a fine
not exceeding level 4 on the standard scale;

(b)in the case of a public assembly in Scotland, to a fine not
20exceeding level 3 on the standard scale.

(10)A person guilty of an offence under subsection (6) is liable on summary
conviction—

(a)in the case of a public assembly in England and Wales, to
imprisonment for a term not exceeding 51 weeks or a fine not
25exceeding level 4 on the standard scale or both;

(b)in the case of a public assembly in Scotland, to imprisonment for
a term not exceeding 3 months or a fine not exceeding level 4 on
the standard scale or both.

(10A)In relation to an offence committed before the coming into force of
30section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales), the references in
subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references
to 6 months.”

(12)Subsections (6) and (11) apply only in relation to offences committed on or after
35the day on which this section comes into force.

58 Obstruction of vehicular access to Parliament

(1)Part 3 of the Police Reform and Social Responsibility Act 2011 (Parliament
Square etc) is amended as follows.

(2)In section 142A (other controlled areas in vicinity of the Palace of
40Westminster)—

(a)in subsection (1)—

(i)in paragraph (a), after sub-paragraph (i) insert—

“(ia)Canon Row,

(ib)Parliament Street,

(ic)45Derby Gate,

(id)Parliament Square,”, and”

(ii)after paragraph (a) insert—

“(aa)so much of the highway in the postal district
SW1 known as Victoria Embankment as lies
between the highway in that district known as
5Bridge Street and the highway in that district
known as Richmond Terrace,”, and”

(b)after subsection (1) insert—

“(1A)A reference to a highway in subsection (1)(a) or (aa) includes
any land immediately adjoining that highway and to which the
10public have or are permitted access.”

(3)In section 143 (prohibited activities in controlled area of Parliament Square or
in Palace of Westminster controlled area)—

(a)in subsection (2), after paragraph (e) insert—

“(f)obstructing, by the use of any item or otherwise, the
15passage of a vehicle of any description into or out of an
entrance into or exit from the Parliamentary Estate,
where that entrance or exit is within, or adjoins, the
Palace of Westminster controlled area.”,”

(b)in subsection (3)(b) for “relevant authority” substitute “relevant
20person”,

(c)after subsection (4) insert—

“(4A)In subsection (2)(f) the reference to obstructing the passage of a
vehicle includes making the passage of a vehicle more
difficult.”, ”

(d)25in subsection (5)—

(i)in the words before paragraph (a), for ““relevant authority””
substitute ““relevant person””,

(ii)omit “or” at the end of paragraph (b), and

(iii)after paragraph (c) insert—

“(d)30a relevant member of the House of Lords staff, or

(e)a relevant member of the House of Commons staff”, and”

(e)after subsection (5) insert—

“(5A)In subsection (5)—

• “relevant member of the House of Lords staff” has the
  35meaning given by section 194(6) of the Employment
  Rights Act 1996;

• “relevant member of the House of Commons staff” has the
  meaning given by section 195(5) of that Act.”

(4)Subsection (2) does not affect—

(a)40any direction given under section 143(1) of the Police Reform and Social
Responsibility Act 2011 before the day on which this section came into
force,

(b)any order made under section 146(1)(b) of that Act before that day, or

(c)any authorisation given under section 147 of that Act before that day.

(5)45Any such direction, order or authorisation applies in relation to the Palace of
Westminster controlled area as defined by section 142A(1) of that Act as it had
effect immediately before that day.

59 Power to specify other areas as controlled areas

After section 149 of the Police Reform and Social Responsibility Act 2011
insert—

“149A  Power to specify other areas as controlled areas

(1)5The Secretary of State may by regulations provide for any provision of
sections 143 to 148 and 149(3) to apply, with or without modifications,
in relation to an area specified in the regulations.

(2)An area may be specified in regulations under subsection (1) by
description, by reference to a map or plan or in any other way.

(3)10Regulations under subsection (1) may be made only if—

(a)either House of Parliament is, or is proposed to be, located
somewhere other than the Palace of Westminster as a result of
the Parliamentary building works or for any other reason, and

(b)as a result of that relocation, or proposed relocation, the
15Secretary of State considers that it is reasonably necessary for
activities which are prohibited in relation to the controlled area
of Parliament Square or the Palace of Westminster controlled
area to be prohibited in relation to the area specified in the
regulations.

(4)20In subsection (3)(a) “the Parliamentary building works” has the
meaning given by section 1(1) of the Parliamentary Buildings
(Restoration and Renewal) Act 2019.

(5)The Secretary of State may by regulations make provision for any other
enactment, or any instrument made under an enactment, to have effect
25with modifications in consequence of regulations under subsection
(1).”

60 Intentionally or recklessly causing public nuisance

(1)A person commits an offence if—

(a)the person—

(i)30does an act, or

(ii)omits to do an act that they are required to do by any enactment
or rule of law,

(b)the person’s act or omission—

(i)causes serious harm to the public or a section of the public, or

(ii)35obstructs the public or a section of the public in the exercise or
enjoyment of a right that may be exercised or enjoyed by the
public at large, and

(c)the person intends that their act or omission will have a consequence
mentioned in paragraph (b) or is reckless as to whether it will have such
40a consequence.

(2)For the purposes of subsection (1) an act or omission causes serious harm to a
person if, as a result, the person—

(a)suffers death, personal injury or disease,

(b)suffers loss of, or damage to, property,

(c)45suffers serious distress, serious annoyance, serious inconvenience or
serious loss of amenity, or

(d)is put at risk of suffering anything mentioned in paragraphs (a) to (c).

(3)It is a defence for a person charged with an offence under subsection (1) to
prove that they had a reasonable excuse for the act or omission mentioned in
paragraph (a) of that subsection.

(4)5A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine or to both;

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

(5)10In relation to an offence committed before the coming into force of paragraph
24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court
power to impose imprisonment) the reference in subsection (4)(a) to 12 months
is to be read as a reference to 6 months.

(6)The common law offence of public nuisance is abolished.

(7)15Subsections (1) to (6) do not apply in relation to—

(a)any act or omission which occurred before the coming into force of
those subsections, or

(b)any act or omission which began before the coming into force of those
subsections and continues after their coming into force.

(8)20This section does not affect—

(a)the liability of any person for an offence other than the common law
offence of public nuisance,

(b)the civil liability of any person for any act or omission within
subsection (1), or

(c)25the ability to take any action under any enactment against a person for
any such act or omission.

(9)In this section “enactment” includes an enactment comprised in subordinate
legislation within the meaning of the Interpretation Act 1978.

61 Imposing conditions on one-person protests

30After section 14 of the Public Order Act 1986 insert—

“14ZA  Imposing conditions on one-person protests

(1)Subsection (2) applies if the senior police officer, having regard to the
time or place at which and the circumstances in which any one-person
protest in England and Wales is being carried on or is intended to be
35carried on, reasonably believes—

(a)that the noise generated by the person carrying on the protest
may result in serious disruption to the activities of an
organisation which are carried on in the vicinity of the protest,
or

(b)40that—

(i)the noise generated by the person carrying on the
protest may have a relevant impact on persons in the
vicinity of the protest, and

(ii)that impact may be significant.

(2)The senior police officer may give directions imposing on the person
organising or carrying on the protest such conditions as appear to the
officer necessary to prevent such disruption or impact.

(3)Where the one-person protest is moving, or is intended to move, from
5place to place—

(a)the senior police officer must also have regard under subsection
(1) to its route or proposed route, and

(b)the conditions which may be imposed under subsection (2)
include conditions as to the route of the protest or prohibiting
10the person carrying on the protest from entering any public
place specified in the direction while the person is carrying it
on.

(4)In this section “one-person protest” means a protest which, at any one
time, is carried on by one person in a public place.

(5)15In this section “the senior police officer” means—

(a)in relation to a one-person protest being held or to a one-person
protest intended to be held in a case where a person is in a place
with a view to carrying on such a protest, the most senior in
rank of the police officers present at the scene, and

(b)20in relation to a one-person protest intended to be held in a case
where paragraph (a) does not apply, the chief officer of police.

(6)For the purposes of subsection (1)(b)(i), the noise generated by a person
carrying on a one-person protest may have a relevant impact on
persons in the vicinity of the protest if—

(a)25it may result in the intimidation or harassment of persons of
reasonable firmness with the characteristics of persons likely to
be in the vicinity, or

(b)it may cause such persons to suffer serious unease, alarm or
distress.

(7)30In considering for the purposes of subsection (1)(b)(ii) whether the
noise generated by a person carrying on a one-person protest may have
a significant impact on persons in the vicinity of the protest, the senior
police officer must have regard to—

(a)the likely number of persons of the kind mentioned in
35paragraph (a) of subsection (6) who may experience an impact
of the kind mentioned in paragraph (a) or (b) of that subsection,

(b)the likely duration of that impact on such persons, and

(c)the likely intensity of that impact on such persons.

(8)A direction given by a chief officer of police by virtue of subsection
40(5)(b) must be given in writing.

(9)A person (“P”) is guilty of an offence if—

(a)P organises or carries on a one-person protest,

(b)P fails to comply with a condition imposed under this section,
and

(c)45at the time P fails to comply with the condition, P knows or
ought to know that the condition has been imposed.

(10)It is a defence for a person charged with an offence under subsection (9)
to prove that the failure arose from circumstances beyond the person’s
control.

(11)A person who incites another to commit an offence under subsection (9)
5is guilty of an offence.

(12)A person guilty of an offence under subsection (9) is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.

(13)A person guilty of an offence under subsection (11) is liable on
summary conviction to imprisonment for a term not exceeding 51
10weeks or a fine not exceeding level 4 on the standard scale or both.

(14)In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales), the reference in
subsection (13) to 51 weeks is to be read as a reference to 6 months.

(15)15The Secretary of State may by regulations make provision about the
meaning for the purposes of this section of serious disruption to the
activities of an organisation which are carried on in the vicinity of a
one-person protest.

(16)Regulations under subsection (15) may, in particular—

(a)20define any aspect of that expression for the purposes of this
section;

(b)give examples of cases in which a one-person protest is or is not
to be treated as resulting in serious disruption to the activities
of an organisation which are carried on in the vicinity of the
25protest.

(17)Regulations under subsection (15)—

(a)are to be made by statutory instrument;

(b)may make incidental, supplementary, consequential,
transitional, transitory or saving provision.

(18)30A statutory instrument containing regulations under subsection (15)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

Part 4 Unauthorised encampments

62 35Offence relating to residing on land without consent in or with a vehicle

(1)At the beginning of Part 5 of the Criminal Justice and Public Order Act 1994,
before the italic heading before section 61, insert—

“Residing on land without consent in or with a vehicle

60C Offence relating to residing on land without consent in or with a
40vehicle

(1)Subsection (2) applies where—

(a)a person aged 18 or over (“P”) is residing, or intending to reside,
on land without the consent of the occupier of the land,

(b)P has, or intends to have, at least one vehicle with them on the
land,

(c)5one or more of the conditions mentioned in subsection (4) is
satisfied, and

(d)the occupier, a representative of the occupier or a constable
requests P to—

(i)leave the land;

(ii)10remove from the land property that is in P’s possession
or under P’s control.

(2)P commits an offence if—

(a)P fails to comply with the request as soon as reasonably
practicable, or

(b)15P—

(i)enters (or having left, re-enters) the land within the
prohibited period with the intention of residing there
without the consent of the occupier of the land, and

(ii)has, or intends to have, at least one vehicle with them on
20the land.

(3)The prohibited period is the period of 12 months beginning with the
day on which the request was made.

(4)The conditions are—

(a)in a case where P is residing on the land, significant damage or
25significant disruption has been caused or is likely to be caused
as a result of P’s residence;

(b)in a case where P is not yet residing on the land, it is likely that
significant damage or significant disruption would be caused as
a result of P’s residence if P were to reside on the land;

(c)30that significant damage or significant disruption has been
caused or is likely to be caused as a result of conduct carried on,
or likely to be carried on, by P while P is on the land;

(d)that significant distress has been caused or is likely to be caused
as a result of offensive conduct carried on, or likely to be carried
35on, by P while P is on the land.

(5)A person guilty of an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding three months or a
fine not exceeding level 4 on the standard scale, or both.

(6)In proceedings for an offence under this section it is a defence for the
40accused to show that the accused had a reasonable excuse for—

(a)failing to comply as soon as reasonably practicable with the
request mentioned in subsection (1)(d), or

(b)after receiving such a request, entering (or re-entering) the land
with the intention of residing there without the consent of the
45occupier of the land.

(7)In its application to common land, this section has effect—

(a)in a case where the common land is land to which the public has
access and the occupier cannot be identified, as if references to

the occupier were references to the local authority in relation to
the common land;

(b)in a case where P’s residence or intended residence without the
consent of the occupier is, or would be, an infringement of the
5commoners’ rights and—

(i)the occupier is aware of P’s residence or intended
residence and had an opportunity to consent to it, or

(ii)if sub-paragraph (i) does not apply, any one or more of
the commoners took reasonable steps to try to inform
10the occupier of P’s residence or intended residence and
provide an opportunity to consent to it,

as if in subsection (1)(d) after “a constable” there were inserted
“or the commoners or any of them or their representative”.

(8)In this section--

• 15“common land” and “commoner” have the same meaning as in
  section 61;

• “damage” includes—

  (a)

  damage to the land;

  (b)

  damage to any property on the land not belonging to P;

  (c)

  20damage to the environment (including excessive noise,
  smells, litter or deposits of waste);

• “disruption” includes interference with—

  (a)

  a person’s ability to access any services or facilities
  located on the land or otherwise make lawful use of the
  25land, or

  (b)

  a supply of water, energy or fuel;

• “land” does not include buildings other than—

  (a)

  agricultural buildings within the meaning of
  paragraphs 3 to 8 of Schedule 5 to the Local Government
  30Finance Act 1988, or

  (b)

  scheduled monuments within the meaning of the
  Ancient Monuments and Archaeological Areas Act
  1979;

• “the local authority”, in relation to common land, has the same
  35meaning as in section 61;

• “occupier” means the person entitled to possession of the land by
  virtue of an estate or interest held by the person;

• “offensive conduct” means—

  (a)

  the use of threatening, abusive or insulting words or
  40behaviour, or disorderly behaviour, or

  (b)

  the display of any writing, sign, or other visible
  representation that is threatening, abusive or insulting;

• “vehicle” includes—

  (a)

  any vehicle, whether or not it is in a fit state for use on
  45roads, and includes any chassis or body, with or without
  wheels, appearing to have formed part of such a vehicle,
  and any load carried by, and anything attached to, such
  a vehicle, and

  (b)

  a caravan as defined in section 29(1) of the Caravan Sites
  50and Control of Development Act 1960.

(9)For the purposes of this section a person is to be considered as residing
or having the intention to reside in a place even if that residence or
intended residence is temporary, and a person may be regarded as
residing or having an intention to reside in a place notwithstanding that
5the person has a home elsewhere.

60D Offence under section 60C: seizure of property etc

(1)If a constable reasonably suspects that an offence has been committed
under section 60C, the constable may seize and remove any relevant
property that appears to the constable—

(a)10to belong to the person who the constable suspects has
committed the offence (“P”);

(b)to be in P’s possession;

(c)to be under P’s control.

(2)“Relevant property” means—

(a)15a vehicle (wherever located) which, for the purposes of section
60C(1)(b) (in the case of an offence under section 60C(2)(a)) or
for the purposes of section 60C(2)(b)(ii) (in the case of an offence
under section 60C(2)(b)), the constable suspects P had or
intended to have with them, or

(b)20any other property that is on the relevant land.

(3)The “relevant land” is the land in respect of which a request under
section 60C(1)(d) is made.

(4)The relevant chief officer of police may retain any property that has
been seized under subsection (1) until the end of the period of three
25months beginning with the day of the seizure (“the relevant period”).

(5)But the relevant chief officer of police ceases to be entitled to retain the
property if before the end of the relevant period a custody officer gives
written notice to P that P is not to be prosecuted for the offence under
section 60C in relation to which the property was seized.

30(And see subsection (10)).

(6)Subsection (7) applies where before the end of the relevant period
proceedings for an offence under section 60C are commenced against P.

(7)Where this subsection applies the relevant chief officer of police may
retain the property seized until the conclusion of proceedings relating
35to the offence (including any appeal) (but see subsection (10)).

(8)Where a chief officer of police ceases to be entitled to retain property
under this section the chief officer must, subject to any order for
forfeiture under section 60E, return it to the person whom the chief
officer believes to be its owner.

(9)40If a chief officer of police cannot after reasonable inquiry identify a
person for the purposes of subsection (8)—

(a)the chief officer must apply to a magistrates’ court for
directions, and

(b)the court must make an order about the treatment of the
45property.