House of Lords portcullis
House of Lords
Session 2004 - 05
Internet Publications
Other Bills before Parliament

Serious Organised Crime and Police Bill


Serious Organised Crime and Police Bill
Part 3 — Police powers etc.

85

 

(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

Act 1967”,

(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)

substitute—

    “(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),

have effect.

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 “—

“constables” includes—

(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

Transport Police Force”.

(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

 
 

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

86

 

(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

authority,

(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—

“ “constables” includes—

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

authority,

(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;”.

Interpretation of Part 3

120     

Interpretation of Part 3

In this Part, “PACE” means the Police and Criminal Evidence Act 1984 (c. 60).

30

Part 4

Public order and conduct in public places etc.

Harassment

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

of those persons, and

 
 

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

87

 

(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

required to do, or

(ii)   

to do something that he is not under any

5

obligation to do.”;

(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

(1A)”.

(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”).

(2)   

In such a case—

(a)   

any person who is or may be a victim of the course of conduct

in question, or

(b)   

any person who is or may be a person falling within section

20

1(1A)(c),

   

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.”

 
 

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

88

 

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

required to do; or

(ii)   

that he should do something that he is not under any

obligation to do;

(c)   

that person—

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

to, the resident; and

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—

(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

dwelling.

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

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

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

Public Order Act 1986.”

 
 

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

89

 

(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

Act.

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

section include—

(a)   

a requirement to leave the vicinity of the premises in question,

and

(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

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.”

(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

hatred) has effect.

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2005
Revised 9 February 2005