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Serious Organised Crime and Police Bill


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

87

 

(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

 
 

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

88

 

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.

 
 

Serious Organised Crime and Police Bill
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.

 
 

Serious Organised Crime and Police Bill
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.

91

 

(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.

92

 

(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

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

93

 

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,

 
 

 
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