Criminal Justice and Police Bill

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Standing Committee F

Tuesday 6 March 2001

(Afternoon)

[Mr. Jimmy Hood in the Chair]

Criminal Justice and Police Bill

New Clause 6

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

`.—(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;

(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.'.—[Mr. Charles Clarke.]

Brought up, and read the First time.

Question proposed [this day], That the clause be read a Second time.

4.30 pm

Question again proposed.

The Chairman: I remind the Committee that with this we are considering the following: Government new clause 7—Malicious communications—

`.—(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.'.

And amendment (a) thereto, at end of subsection (2) insert—

`.—``(2ZA) No defence under subsection (2) above is provided where the threat conveyed is a threat of an action which if carried out would be an offence under any other Act.''.'.

Government new clause 20—Addresses of directors and secretaries of companies.

New clause 14—Fear of Violence—

`.—Section 4 of the Protection from Harassment Act 1997 shall be amended in subsection(1) by leaving out the words ``on at least two occasions''.'.

New clause 15—Conspiracy—

`.—After section 4 of the Protection for Harassment Act 1997 there shall be inserted the following section—

``Conspiracy

4A. Where two or more persons agree to organise or plan the commission by any other persons or by themselves a course of conduct contrary to Section 1 and Section 4 of this Act, they shall be guilty of the offence of conspiracy to commit the offence or offences in question contrary to the Criminal Law Act 1977 Section 1.''.'.

New clause 19—Increase in sentences for hate crimes—

`—(1) This section applies where a court is considering the seriousness of any offence.

(2) If the offence was aggravated for the purposes of this section, the court—

(a) shall treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and

(b) shall state in open court that the offence was so aggravated.

(3) An offence is aggravated for the purposes of this section if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim's actual or presumed sexual orientation, race, religion, gender or disability; or

(b) the offence is motivated (wholly or partly) by hostility towards members of a group based on their sexual orientation, race, religion, gender or disability or based on their membership of, or association with, such a group.'.

Government amendments Nos. 176 and 243.

Mr. Simon Hughes (Southwark, North and Bermondsey): Before we adjourned for lunch, I had begun to set out our position on the considerable list of new clauses and amendments currently under our consideration. I had concluded the general description of where we stand in relation to the Government new clauses and amendment (a) to new clause 7, the new clauses tabled by the Conservatives and our new clause. I shall now return—at no great length—to deal with each of those in turn.

Sir Nicholas Lyell (North-East Bedfordshire): On a point of order, Mr. Hood. I was grateful to receive a letter of apology from the Minister of State following some unexpected and uncharacteristic remarks that he made during a previous sitting when I could not be here. I read what was said and felt that it was out of order and inappropriate; I should be grateful if he would say something about that.

The Chairman: I thank the right hon. and learned Gentleman for his point of order. What went on in Committee last week is not really a matter for the Chair.

Mr. Oliver Heald (North-East Hertfordshire): Further to that point of order, Mr. Hood. The remarks made last week about my right hon. and learned Friend, who is a senior Member of the House, were appalling and extremely rude and gratuitous. If the Minister is prepared to withdraw them, that may well be an end of the matter; but if he is not, we should know that.

Mr. James Gray (North Wiltshire): Further to that point of order, Mr. Hood. If the Minister were prepared to let us know the precise content and nature of the letter of apology written to my right hon. and learned Friend, that in itself would help the Committee to understand his sense of remorse on the subject.

The Chairman: I am unaware of the contents of the letter of apology. Points of order are matters raised with me, and it is for me to rule on them. That is not a valid point of order for me to rule on.

The Minister of State, Home Office (Mr. Charles Clarke): Further to that point of order, Mr. Hood. I do not resile for one moment from what I said, but it was wrong of me not to have previously informed the right hon. and learned Member for North-East Bedfordshire (Sir N. Lyell) that I was going to say it, so I wrote him a letter apologising for not having done so. I have a copy of that letter here, but it is a matter between him and me. If—

 

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Prepared 6 March 2001