Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Part 4 — Public order and conduct in public places etc.
83

(a)
for subsection (3) substitute—
“(3)
A “course of conduct” must involve—
(a)
in the case of conduct in relation to a single person (see
section 1(1)), conduct on at least two occasions in
relation to that person, or
5
(b)
in the case of conduct in relation to two or more persons
(see section 1(1A)), conduct on at least one occasion in
relation to each of those persons.”; and
(b)
after subsection (4) add—
“(5)
References to a person, in the context of the harassment of a
10
person, are references to a person who is an individual.”
117
Harassment etc. of a person in his home
(1)
After section 42 of the Criminal Justice and Police Act 2001 (c. 16) insert—
“42A
Offence of harassment etc. of a person in his home
(1)
A person commits an offence if—
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(a)
that person is present outside or in the vicinity of any premises
that are used by any individual (“the resident”) as his dwelling;
(b)
that person is present there for the purpose (by his presence or
otherwise) of representing to the resident or another individual
(whether or not one who uses the premises as his dwelling), or
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of persuading the resident 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;
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(c)
that person—
(i)
intends his presence to amount to the harassment of, or
to cause alarm or distress to, the resident; or
(ii)
knows or ought to know that his presence is likely to
result in the harassment of, or to cause alarm or distress
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to, the resident; and
(d)
the presence of that person—
(i)
amounts to the harassment of, or causes alarm or
distress to, any person falling within subsection (2); or
(ii)
is likely to result in the harassment of, or to cause alarm
35
or distress to, any such person.
(2)
A person falls within this subsection if he is—
(a)
the resident,
(b)
a person in the resident’s dwelling, or
(c)
a person in another dwelling in the vicinity of the resident’s
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dwelling.
(3)
The references in subsection (1)(c) and (d) to a person’s presence are
references to his presence either alone or together with that of any other
persons who are also present.
(4)
For the purposes of this section a person (A) ought to know that his
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presence is likely to result in the harassment of, or to cause alarm or

Serious Organised Crime and Police Bill
Part 4 — Public order and conduct in public places etc.
84

distress to, a resident if a reasonable person in possession of the same
information would think that A’s presence was likely to have that
effect.
(5)
A person guilty of an offence under this section shall be liable, on
summary conviction, to imprisonment for a term not exceeding 51
5
weeks or to a fine not exceeding level 4 on the standard scale, or to both.
(6)
In relation to an offence committed before the commencement of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for summary offences), the reference in subsection (5) to 51 weeks is to
be read as a reference to 6 months.
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(7)
In this section “dwelling” has the same meaning as in Part 1 of the
Public Order Act 1986.”
(2)
A constable in uniform may arrest without warrant any person he reasonably
suspects is committing or has committed an offence under section 42A (as
inserted by subsection (1)).
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(3)
Subsection (2) ceases to have effect on the commencement of section 101 of this
Act.
118
Harassment etc.: police direction to stay away from person’s home
(1)
Section 42 of the Criminal Justice and Police Act 2001 (c. 16) (police directions
stopping harassment of a person in his home) is amended as follows.
20
(2)
For subsection (4) substitute—
“(4)
The requirements that may be imposed by a direction under this
section include—
(a)
a requirement to leave the vicinity of the premises in question,
and
25
(b)
a requirement to leave that vicinity and not to return to it within
such period as the constable may specify, not being longer than
3 months;

and (in either case) the requirement to leave the vicinity may be to do
so immediately or after a specified period of time.”
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(3)
In subsection (7), for “contravenes a direction given to him under this section”
substitute “fails to comply with a requirement in a direction given to him under
this section (other than a requirement under subsection (4)(b))”.
(4)
After subsection (7) insert—
“(7A)
Any person to whom a constable has given a direction including a
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requirement under subsection (4)(b) commits an offence if he—
(a)
returns to the vicinity of the premises in question within the
period specified in the direction beginning with the date on
which the direction is given; and
(b)
does so for the purpose described in subsection (1)(b).
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(7B)
A person guilty of an offence under subsection (7A) shall be liable, on
summary conviction, to imprisonment for a term not exceeding 51
weeks or to a fine not exceeding level 4 on the standard scale, or to both.

Serious Organised Crime and Police Bill
Part 4 — Public order and conduct in public places etc.
85

(7C)
In relation to an offence committed before the commencement of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for summary offences), the reference in subsection (7B) to 51 weeks is
to be read as a reference to 6 months.”
Racial and religious hatred
5
119
Racial and religious hatred
Schedule 10 (which makes provision about offences of racial and religious
hatred) has effect.
Trespass on designated site
120
Offence of trespassing on designated site
10
(1)
A person commits an offence if he enters, or is on, any designated site as a
trespasser.
(2)
A “designated site” means a site—
(a)
specified or described (in any way) in an order made by the Secretary
of State, and
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(b)
designated for the purposes of this section by the order.
(3)
The Secretary of State may only designate a site for the purposes of this section
if—
(a)
it is comprised in Crown land; or
(b)
it is comprised in land belonging to Her Majesty in Her private capacity
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or to the immediate heir to the Throne in his private capacity; or
(c)
it appears to the Secretary of State that it is appropriate to designate the
site in the interests of national security.
(4)
It is a defence for a person charged with an offence under this section to prove
that he did not know, and had no reasonable cause to suspect, that the site in
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relation to which the offence is alleged to have been committed was a
designated site.
(5)
A person guilty of an offence under this section is liable on summary
conviction—
(a)
to imprisonment for a term not exceeding 51 weeks, or
30
(b)
to a fine not exceeding level 5 on the standard scale,

or to both.
(6)
No proceedings for an offence under this section may be instituted against any
person—
(a)
in England and Wales, except by or with the consent of the Attorney
35
General, or
(b)
in Northern Ireland, except by or with the consent of the Attorney
General for Northern Ireland.
(7)
For the purposes of this section a person who is on any designated site as a
trespasser does not cease to be a trespasser by virtue of being allowed time to
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leave the site.

Serious Organised Crime and Police Bill
Part 4 — Public order and conduct in public places etc.
86

(8)
In this section—
(a)
“site” means the whole or part of any building or buildings, or any land,
or both;
(b)
“Crown land” means land in which there is a Crown interest or a Duchy
interest.
5
(9)
For this purpose—
“Crown interest” means an interest belonging to Her Majesty in right of
the Crown, and
“Duchy interest” means an interest belonging to Her Majesty in right of
the Duchy of Lancaster or belonging to the Duchy of Cornwall.
10
(10)
In the application of this section to Northern Ireland, the reference to 51 weeks
in subsection (5)(a) is to be read as a reference to 6 months.
121
Designated sites: powers of arrest
(1)
A constable in uniform may, in England or Wales, arrest without warrant any
person he reasonably suspects is committing or has committed an offence
15
under section 120.
This subsection ceases to have effect on the commencement of section 101.
(2)
An offence under section 120 is to be treated as an arrestable offence for the
purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989
(S.I. 1989/1341 (N.I. 12).
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122
Designated sites: access
(1)
The following provisions do not apply to land in respect of which a designation
order is in force—
(a)
section 2(1) of the Countryside and Rights of Way Act 2000 (c. 37)
(rights of public in relation to access land); and
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(b)
Part III of the Countryside (Northern Ireland) Order 1983 (S.I. 1983/
1895 (N.I. 18)) (access to open country).
(2)
The Secretary of State may take such steps as he considers appropriate to
inform the public of the effect of any designation order, including, in
particular, displaying notices on or near the site to which the order relates.
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(3)
But the Secretary of State may only—
(a)
display any such notice, or
(b)
take any other steps under subsection (2),

in or on any building or land, if the appropriate person consents.
(4)
The “appropriate person” is—
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(a)
a person appearing to the Secretary of State to have a sufficient interest
in the building or land to consent to the notice being displayed or the
steps being taken, or
(b)
a person acting on behalf of such a person.
(5)
In this section a “designation order” means an order under section 120.
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