|
| |
|
(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 |
| |
| |
(ii) | that he should do something that he is not under any |
| |
| 25 |
| |
(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 |
| |
(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— |
| |
| |
(b) | a person in the resident’s dwelling, or |
| |
(c) | a person in another dwelling in the vicinity of the resident’s |
| 40 |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(a) | a requirement to leave the vicinity of the premises in question, |
| |
| 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 |
| |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(5) | A person guilty of an offence under this section is liable on summary |
| |
| |
(a) | to imprisonment for a term not exceeding 51 weeks, or |
| 30 |
(b) | to a fine not exceeding level 5 on the standard scale, |
| |
| |
(6) | No proceedings for an offence under this section may be instituted against any |
| |
| |
(a) | in England and Wales, except by or with the consent of the Attorney |
| 35 |
| |
(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 |
| |
|
| |
|
| |
|
| |
(a) | “site” means the whole or part of any building or buildings, or any land, |
| |
| |
(b) | “Crown land” means land in which there is a Crown interest or a Duchy |
| |
| 5 |
| |
“Crown interest” means an interest belonging to Her Majesty in right of |
| |
| |
“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 |
| |
| |
(4) | The Scottish Ministers may only designate a site for the purposes of this section |
| |
| |
(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 |
| |
| |
(a) | to imprisonment for a term not exceeding 12 months, or |
| |
(b) | to a fine not exceeding level 5 on the standard scale, |
| 35 |
| |
(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. |
| |
| 40 |
(a) | “site” means the whole or part of any building or buildings, or any land, |
| |
| |
(b) | “Crown land” means land in which there is a Crown interest. |
| |
|
| |
|
| |
|
(9) | For this purpose “Crown interest” means an interest belonging to Her Majesty |
| |
| |
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 |
| |
| 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 |
| |
| |
126 | Designated sites: access |
| |
(1) | The following provisions do not apply to land in respect of which a designation |
| 15 |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
(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 |
|
| |
|
| |
|
designed to prevent the results referred to in paragraphs (a) to (c) of |
| |
| |
(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 |
| |
| 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 |
| |
| |
(8) | A direction given under this section by virtue of subsection (5)(b) must be |
| |
| |
(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 |
| |
| |
(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) |
| |
| |
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 |
| |
| |
(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 |
| |
(a) | if the requirement was imposed by virtue of section 128(3)(a), to a fine |
| |
not exceeding level 3 on the standard scale, |
| |
|
| |
|