|
| |
|
(a) | in sub-paragraph (2)(aa), omit “except in respect of an offence under |
| |
section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice |
| |
| |
(b) | after sub-paragraph (2) insert— |
| |
“(2A) | The reference to the powers mentioned in sub-paragraph |
| 5 |
(2)(aa) does not include those powers so far as they relate to |
| |
an offence under the provisions in the following list— |
| |
section 12 of the Licensing Act 1872, |
| |
section 91 of the Criminal Justice Act 1967, |
| |
section 1 of the Theft Act 1968, |
| 10 |
section 1(1) of the Criminal Damage Act 1971, |
| |
section 87 of the Environmental Protection Act 1990.” |
| |
(6) | In paragraph 9A (power to modify paragraph 1(2)(aa)), for sub-paragraph (1) |
| |
| |
“(1) | The Secretary of State may by order amend paragraph 1(2A) so as to |
| 15 |
remove a provision from the list or add a provision to the list; but the |
| |
list must contain only provisions mentioned in the first column of the |
| |
Table in section 1(1) of the Criminal Justice and Police Act 2001.”, |
| |
| and in the heading to paragraph 9A, for “1(2)(aa)” substitute “1(2A)”. |
| |
(7) | Schedules 8 and 9 to this Act, which provide for additional powers and duties |
| 20 |
for designated and accredited persons under the Police Reform Act 2002 (c. 30), |
| |
| |
Provision of information for use by police staff |
| |
119 | Provision of information for use by police staff |
| |
(1) | In section 71 of the Criminal Justice and Court Services Act 2000 (c. 43) (access |
| 25 |
to driver licensing records), in subsection (4), after “In this section” insert “— |
| |
| |
(d) | persons employed by a police authority under section |
| |
15(1) of the Police Act 1996 who are under the direction |
| |
and control of the chief officer of police of the police |
| 30 |
force maintained by that authority, |
| |
(e) | persons employed by a police authority under section |
| |
9(1) of the Police (Scotland) Act 1967 who are under the |
| |
direction and control of the chief constable of the police |
| |
force maintained for the authority’s area, |
| 35 |
(f) | police support staff (within the meaning of the Police |
| |
(Northern Ireland) Act 2000), and |
| |
(g) | persons employed by the British Transport Police |
| |
Authority under section 27(1) of the Railways and |
| |
Transport Safety Act 2003 who are under the direction |
| 40 |
and control of the Chief Constable of the British |
| |
| |
(2) | In section 18 of the Vehicles (Crime) Act 2001 (c. 3) (register of registration plate |
| |
suppliers), after subsection (8) insert— |
| |
“(9) | In this section, “constables” includes— |
| 45 |
|
| |
|
| |
|
(a) | persons employed by a police authority under section 15(1) of |
| |
the Police Act 1996 who are under the direction and control of |
| |
the chief officer of police of the police force maintained by that |
| |
| |
(b) | persons employed by a police authority under section 9(1) of the |
| 5 |
Police (Scotland) Act 1967 who are under the direction and |
| |
control of the chief constable of the police force maintained for |
| |
the authority’s area, and |
| |
(c) | persons employed by the British Transport Police Authority |
| |
under section 27(1) of the Railways and Transport Safety Act |
| 10 |
2003 who are under the direction and control of the Chief |
| |
Constable of the British Transport Police Force.”. |
| |
(3) | In section 36 of the Vehicles (Crime) Act 2001 (c. 3) (access to certain motor |
| |
insurance information), in subsection (3), after “In this section—” insert— |
| |
| 15 |
(a) | persons employed by a police authority under section 15(1) of |
| |
the Police Act 1996 who are under the direction and control of |
| |
the chief officer of police of the police force maintained by that |
| |
| |
(b) | persons employed by a police authority under section 9(1) of the |
| 20 |
Police (Scotland) Act 1967 who are under the direction and |
| |
control of the chief constable of the police force maintained for |
| |
the authority’s area, and |
| |
(c) | persons employed by the British Transport Police Authority |
| |
under section 27(1) of the Railways and Transport Safety Act |
| 25 |
2003 who are under the direction and control of the Chief |
| |
Constable of the British Transport Police Force;”. |
| |
| |
120 | Interpretation of Part 3 |
| |
In this Part, “PACE” means the Police and Criminal Evidence Act 1984 (c. 60). |
| 30 |
| |
Public order and conduct in public places etc. |
| |
| |
121 | Harassment intended to deter lawful activities |
| |
(1) | The Protection from Harassment Act 1997 (c. 40) is amended as follows. |
| 35 |
(2) | In section 1 (prohibition of harassment)— |
| |
(a) | after subsection (1) insert— |
| |
“(1A) | A person must not pursue a course of conduct — |
| |
(a) | which involves harassment of two or more persons, and |
| |
(b) | which he knows or ought to know involves harassment |
| 40 |
| |
|
| |
|
| |
|
(c) | by which he intends to persuade any person (whether or |
| |
not one of those mentioned above)— |
| |
(i) | not to do something that he is entitled or |
| |
| |
(ii) | to do something that he is not under any |
| 5 |
| |
(b) | in subsection (2), after “amounts to” insert “or involves” and after |
| |
“amounted to” insert “or involved”; |
| |
(c) | in subsection (3), after “Subsection (1)” insert “or (1A)”. |
| |
(3) | In section 2(1) (offence of harassment) for “section 1” substitute “section 1(1) or |
| 10 |
| |
(4) | In section 3(1) (civil remedy) for “section 1” substitute “section 1(1)”. |
| |
(5) | After section 3 insert— |
| |
“3A | Injunctions to protect persons from harassment within section 1(1A) |
| |
(1) | This section applies where there is an actual or apprehended breach of |
| 15 |
section 1(1A) by any person (“the relevant person”). |
| |
| |
(a) | any person who is or may be a victim of the course of conduct |
| |
| |
(b) | any person who is or may be a person falling within section |
| 20 |
| |
| may apply to the High Court or a county court for an injunction |
| |
restraining the relevant person from pursuing any conduct which |
| |
amounts to harassment in relation to any person or persons mentioned |
| |
or described in the injunction. |
| 25 |
(3) | Section 3(3) to (9) apply in relation to an injunction granted under |
| |
subsection (2) above as they apply in relation to an injunction granted |
| |
as mentioned in section 3(3)(a).” |
| |
(6) | In section 5(2) (restraining orders) after “victim” insert “or victims”. |
| |
(7) | In section 7 (interpretation of sections 1 to 5)— |
| 30 |
(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 |
| 35 |
(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 |
| 40 |
person, are references to a person who is an individual.” |
| |
|
| |
|
| |
|
122 | 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— |
| |
(a) | that person is present outside or in the vicinity of any premises |
| 5 |
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 |
| |
of persuading the resident or such another individual— |
| 10 |
(i) | that he should not do something that he is entitled or |
| |
| |
(ii) | that he should do something that he is not under any |
| |
| |
| 15 |
(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 |
| |
| 20 |
(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 |
| |
or distress to, any such person. |
| 25 |
(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 |
| |
| 30 |
(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 |
| |
presence is likely to result in the harassment of, or to cause alarm or |
| 35 |
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 |
| 40 |
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. |
| 45 |
(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)). |
| |
(3) | Subsection (2) ceases to have effect on the commencement of section 106 of this |
| |
| 5 |
123 | 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. |
| |
(2) | For subsection (4) substitute— |
| |
“(4) | The requirements that may be imposed by a direction under this |
| 10 |
| |
(a) | a requirement to leave the vicinity of the premises in question, |
| |
| |
(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 |
| 15 |
| |
| and (in either case) the requirement to leave the vicinity may be to do |
| |
so immediately or after a specified period of time.” |
| |
(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 |
| 20 |
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 |
| |
requirement under subsection (4)(b) commits an offence if he— |
| |
(a) | returns to the vicinity of the premises in question within the |
| 25 |
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). |
| |
(7B) | A person guilty of an offence under subsection (7A) shall be liable, on |
| |
summary conviction, to imprisonment for a term not exceeding 51 |
| 30 |
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.” |
| 35 |
Hatred against persons on racial or religious grounds |
| |
124 | Hatred against persons on racial or religious grounds |
| |
Schedule 10 (which makes provision about offences of racial and religious |
| |
| |
|
| |
|