Amendments proposed to the Criminal Justice and Police Bill - continued	House of Commons
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Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

204

Clause     45,     page     35,     line     28,     at end add—

    '(7) Nothing in this section shall permit disclosure of information under this Act in relation to the provisions listed in Schedule (Provisions excluded from Section 45).

    (8) Disclosure of information under this section for overseas criminal proceedings or investigations shall only be permitted where the conduct in question to which the proposed disclosure of the information relates amounts to a criminal offence in both the United Kingdom and in the country or countries to which the information is to be disclosed.

    (9) Disclosure of information shall not be permitted where the information in question relates to an agreement or decision by an association of undertakings or concerted practice which may affect trade between Member States of the EU.

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Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

140

Schedule     1,     page     101,     leave out lines 22 and 23.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

141

Schedule     1,     page     102,     leave out lines 9 and 10.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

142

Schedule     1,     page     102,     leave out lines 24 and 25.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

143

Schedule     1,     page     102,     leave out lines 26 and 27.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

144

Schedule     1,     page     103,     leave out lines 1 and 2.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

145

Schedule     1,     page     103,     leave out lines 3 and 4.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

146

Schedule     1,     page     103,     leave out lines 5 and 6.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

147

Schedule     1,     page     103,     leave out lines 7 and 8.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

148

Schedule     1,     page     103,     leave out lines 9 and 10.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

149

Schedule     1,     page     103,     leave out lines 11 and 12.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

150

Schedule     1,     page     103,     leave out lines 15 and 16.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

151

Schedule     1,     page     103,     leave out lines 17 and 18.

   

Mr Charles Clarke

137

Schedule     1,     page     103,     line     18,     at end insert—

'Timeshare Act 1992 (c.35)
    . Paragraph 5(1) of Schedule 2 to the Timeshare Act 1992.'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

152

Schedule     1,     page     103,     leave out lines 21 and 22.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

153

Schedule     1,     page     103,     leave out lines 23 and 24.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

154

Schedule     1,     page     103,     leave out lines 25 and 26.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

155

Schedule     1,     page     103,     leave out lines 27 to 29.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

156

Schedule     1,     page     104,     leave out line 15.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

157

Schedule     1,     page     105,     leave out lines 1 and 2.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

158

Schedule     1,     page     105,     leave out lines 3 and 4.

   

Mr Charles Clarke
Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

138

Schedule     1,     page     105,     leave out lines 5 to 8.

   

Mr Charles Clarke

139

Schedule     1,     page     105,     line     11,     at end insert—

'Homes Act 2001 (c. 00)
    . Paragraph 11(1) of Schedule 1 to the Homes Act 2001.'

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NEW CLAUSES

Police directions stopping the harassment etc of a person in his home

   

Mr Charles Clarke

NC6

To move the following Clause:—

    '.—(1) Subject to the following provisions of this section, a constable who is at the scene may give a direction under this section to any person if—

(a) that person is present outside or in the vicinity of any premises that are used by any individual ("the victim") as his dwelling;

(b) that constable believes, on reasonable grounds, that that person is present there for the purpose (by his presence or otherwise) of representing to the victim or another individual (whether or not one who uses the premises as his dwelling), or of persuading the victim or such another individual—

    (i) that he should not do something that he is entitled or required to do; or

    (ii) that he should do something that he is not under any obligation to do;

and

(c) that constable also believes, on reasonable grounds, that the presence of that person (either alone or together with that of any other persons who are also present)—

    (i) amounts to, or is likely to result in, the harassment of the victim; or

    (ii) is likely to cause alarm or distress to the victim.

    (2) A direction under this section is a direction requiring the person to whom it is given to do all such things as the constable giving it may specify as the things he considers necessary to prevent one or both of the following—

(a) the harassment of the victim; or

(b) the causing of any alarm or distress to the victim.

    (3) A direction under this section may be given orally; and where a constable is entitled to give a direction under this section to each of several persons outside, or in the vicinity of, any premises, he may give that direction to those persons by notifying them of his requirements either individually or all together.

    (4) The requirements that may be imposed by a direction under this section include a requirement to leave the vicinity of the premises in question (either immediately or after a specified period of time).

    (5) A direction under this section may make exceptions to any requirement imposed by the direction, and may make any such exception subject to such conditions as the constable giving the direction thinks fit; and those conditions may include—

(a) conditions as to the distance from the premises in question at which, or otherwise as to the location where, persons who do not leave their vicinity must remain; and

(b) conditions as to the number or identity of the persons who are authorised by the exception to remain in the vicinity of those premises.

    (6) The power of a constable to give a direction under this section shall not include—

(a) any power to give a direction at any time when there is a more senior-ranking police officer at the scene; or

(b) any power to direct a person to refrain from conduct that is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (right peacefully to picket a work place);

    but it shall include power to vary or withdraw a direction previously given under this section.

    (7) Any person who knowingly contravenes a direction given to him under this section shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale, or to both.

    (8) A constable in uniform may arrest without warrant any person he reasonably suspects is committing an offence under this section.

    (9) In this section "dwelling" has the same meaning as in Part I of the Public Order Act 1986.'.

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Malicious communications

   

Mr Charles Clarke

NC7

To move the following Clause:—

    '.—(1) In subsection (1) of section 1 of the Malicious Communications Act 1988 (offence of sending letters and other articles with intent to cause distress or anxiety)—

(a) in paragraph (a), for "letter or other article" there shall be substituted "letter, electronic communication or article of any description"; and

(b) in paragraph (b), for the word "other article" there shall be substituted "article or electronic communication".

    (2) In subsection (2) of that section (defence of making a threat in the belief that it was a proper way of reinforcing a demand and that there were reasonable grounds for making that demand)—

(a) in paragraph (a), for "which he believed he had reasonable grounds for making" there shall be substituted "made by him on reasonable grounds"; and

(b) in paragraph (b), after "believed" there shall be inserted ", and had reasonable grounds for believing,".

    (3) After that subsection there shall be inserted—

    "(2A) In this section 'electronic communication' includes—
(a) any oral or other communication by means of a telecommunication system (within the meaning of the Telecommunications Act 1984); and
(b) any communication (however sent) that is in electronic form.

    (4) In subsection (3) of that section (definition of "send")—

(a) after "delivering" there shall be inserted "or transmitting"; and

(b) for "or delivered" there shall be substituted ", delivered or transmitted".

    (5) In subsection (5) of that section (penalty for offence), for "a fine not exceeding level 4 on the standard scale" there shall be substituted "imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both".

    (6) Subsection (5) does not affect the penalty for an offence committed before the day on which this Act is passed.'.

Prepared 1 Mar 2001