Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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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.
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(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.”
120
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—
15
(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
20
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;
25
(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
30
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
40
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
45
presence is likely to result in the harassment of, or to cause alarm or

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Part 4 — Public order and conduct in public places etc.
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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.
10
(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)).
15
(3)
Subsection (2) ceases to have effect on the commencement of section 104 of this
Act.
121
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.”
30
(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
35
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).
40
(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.

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Part 4 — Public order and conduct in public places etc.
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(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
122
Racial and religious hatred
Schedule 10 (which makes provision about offences of racial and religious
hatred) has effect.
Trespass on designated site
123
Offence of trespassing on designated site
10
(1)
A person commits an offence if he enters, or is on, any designated site in
England and Wales or Northern Ireland 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
15
(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
20
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
25
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
40
leave the site.

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Part 4 — Public order and conduct in public places etc.
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(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.
124
Corresponding Scottish offence
(1)
A person commits an offence if he enters, or is on, any designated Scottish site
without lawful authority.
15
(2)
A “designated Scottish site” means a site in Scotland—
(a)
specified or described (in any way) in an order made by the Secretary
of State or by the Scottish Ministers, and
(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
20
if it appears to him that it is appropriate to designate the site in the interests of
national security.
(4)
The Scottish Ministers may only designate a site for the purposes of this section
if—
(a)
it is comprised in Crown Land; or
25
(b)
it is comprised in land belonging to Her Majesty in Her private capacity
or to the immediate heir to the Throne in his private capacity.
(5)
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
relation to which the offence is alleged to have been committed was a
30
designated Scottish site.
(6)
A person guilty of an offence under this section is liable on summary
conviction—
(a)
to imprisonment for a term not exceeding 12 months, or
(b)
to a fine not exceeding level 5 on the standard scale,
35

or to both.
(7)
For the purposes of subsection (1), a person who is on any designated Scottish
site without lawful authority does not acquire lawful authority by virtue of
being allowed time to leave the site.
(8)
In this section—
40
(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.

Serious Organised Crime and Police Bill
Part 4 — Public order and conduct in public places etc.
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(9)
For this purpose “Crown interest” means an interest belonging to Her Majesty
in right of the Crown.
125
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
5
under section 123.

This subsection ceases to have effect on the commencement of section 104.
(2)
An offence under section 123 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)).
10
(3)
A constable in uniform may, in Scotland, arrest without warrant any person he
reasonably suspects is committing or has committed an offence under section
124.
126
Designated sites: access
(1)
The following provisions do not apply to land in respect of which a designation
15
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
(b)
Part III of the Countryside (Northern Ireland) Order 1983 (S.I. 1983/
1895 (N.I. 18)) (access to open country).
20
(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.
(3)
But the Secretary of State may only—
(a)
display any such notice, or
25
(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—
(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
30
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 123.
127
Designated Scottish sites: access
(1)
Section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights) does
35
not apply to land in respect of which a designation order is in force.
(2)
The Secretary of State may take such steps as he considers appropriate to
inform the public of the effect of any designation order made by him.
(3)
The Scottish Ministers may take such steps as they consider appropriate to
inform the public of the effect of any designation order made by them.
40

Serious Organised Crime and Police Bill
Part 4 — Public order and conduct in public places etc.
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(4)
The steps referred to in subsections (2) and (3) may include, in particular,
displaying notices on or near the site to which the order in question relates.
(5)
But the Secretary of State or (as the case may be) the Scottish Ministers may
only—
(a)
display any such notice, or
5
(b)
take any other steps under subsection (2) or (3),

in or on any building or land, if the appropriate person consents.
(6)
The “appropriate person” is—
(a)
a person appearing to the Secretary of State or (as the case may be) to
the Scottish Ministers to have a sufficient interest in the building or land
10
to consent to the notice being displayed or the steps being taken, or
(b)
a person acting on behalf of such a person.
(7)
In this section a “designation order” means an order under section 124.
Behaviour in vicinity of Parliament
128
Directions as to behaviour in vicinity of Parliament
15
(1)
The senior police officer may (subject to subsection (11)) exercise the powers
conferred by subsection (3) if he reasonably believes that—
(a)
a person is behaving in a way mentioned in subsection (2) in any part
of the designated area, or proposes to do so, and
(b)
it is necessary, or would be desirable, having regard to the time at
20
which, or the place or circumstances in which, the behaviour occurs or
would occur, to prevent him from causing any of the results or possible
results referred to in subsection (2).
(2)
The behaviour referred to in subsection (1) is any behaviour which has or could
have any of the following results—
25
(a)
hindering any person from entering or leaving the Palace of
Westminster,
(b)
hindering the proper operation of Parliament, or
(c)
spoiling the visual aspect, or otherwise spoiling the enjoyment by
members of the public, of any part of the designated area.
30
(3)
The senior police officer may give a direction to—
(a)
any person behaving or proposing to behave in such a way, and
(b)
any person organising or directing such behaviour (whether or not it
has yet to begin),

imposing on him such of the requirements set out in subsection (4) as appear
35
to the senior police officer to be reasonably necessary to prevent any one or
more of the results referred to in paragraphs (a) to (c) of subsection (2).
(4)
The requirements are that the behaviour, so far as it occurs or is to occur in the
designated area—
(a)
cease, or not begin, either anywhere in the designated area or in such
40
part of it as is specified in the direction,
(b)
take place only at times specified in the direction, or for a period not
exceeding that specified in the direction,
(c)
take place only if it complies with conditions specified in the direction
as to numbers of participants, noise levels, or any other condition
45

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designed to prevent the results referred to in paragraphs (a) to (c) of
subsection (2).
(5)
In this section, the “senior police officer” means—
(a)
the most senior in rank of the police officers present at the scene, and
(b)
if notice of the behaviour has been delivered in advance in writing to
5
any police station in the metropolitan police district, the Commissioner
of Police of the Metropolis.
(6)
A direction given under this section—
(a)
takes effect at the time specified in the direction (which may be
immediately), and
10
(b)
has effect for a period which must be specified in the direction but
which must not exceed three months,

but if the direction imposes a requirement under more than one of paragraphs
(a) to (c) of subsection (4), the time and period relating to each may be different.
(7)
A direction which imposes requirements under subsection (4)(c) may specify
15
different conditions relating to different periods of time specified in the
direction.
(8)
A direction given under this section by virtue of subsection (5)(b) must be
given in writing.
(9)
In this section, “the designated area” means an area specified (whether by
20
description, by reference to a map, or in any other way) in an order made by
the Secretary of State.
(10)
No point in the designated area may be more than one kilometre in a straight
line from the point nearest to it in Parliament Square.
(11)
The powers conferred by this section are not exercisable in respect of anyone—
25
(a)
engaged in conduct which is lawful under section 220 of the Trade
Union and Labour Relations (Consolidation) Act 1992 (c. 52), or
(b)
taking part in a public procession of the kind mentioned in subsection
(1) of section 11 of the Public Order Act 1986 (c. 64) in respect of which
written notice has been given in accordance with that section, or such
30
notice is not required to be given as provided by subsections (1) and (2)
of that section.
129
Section 128: offences
(1)
A person who knowingly fails to comply with a requirement imposed on him
under section 128 is guilty of an offence.
35
(2)
It is a defence for him to prove that the failure arose from causes beyond his
control.
(3)
A person who incites another to behave in contravention of a requirement
imposed on him by virtue of section 128(3)(a) is guilty of an offence.
(4)
A person guilty of an offence under subsection (1) is liable on summary
40
conviction—
(a)
if the requirement was imposed by virtue of section 128(3)(a), to a fine
not exceeding level 3 on the standard scale,