Serious Organised Crime and Police Bill

House of Lords

Session 2004 - 05
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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.
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Trespass on designated site
125
Offence of trespassing on designated site
(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—
5
(a)
specified or described (in any way) in an order made by the Secretary
of State, 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
if—
10
(a)
it is comprised in Crown land; or
(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; or
(c)
it appears to the Secretary of State that it is appropriate to designate the
site in the interests of national security.
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(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
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
20
conviction—
(a)
to imprisonment for a term not exceeding 51 weeks, or
(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
25
person—
(a)
in England and Wales, except by or with the consent of the Attorney
General, or
(b)
in Northern Ireland, except by or with the consent of the Attorney
General for Northern Ireland.
30
(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
leave the site.
(8)
In this section—
(a)
“site” means the whole or part of any building or buildings, or any land,
35
or both;
(b)
“Crown land” means land in which there is a Crown interest or a Duchy
interest.
(9)
For this purpose—
“Crown interest” means an interest belonging to Her Majesty in right of
40
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)
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.
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Serious Organised Crime and Police Bill
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126
Corresponding Scottish offence
(1)
A person commits an offence if he enters, or is on, any designated Scottish site
without lawful authority.
(2)
A “designated Scottish site” means a site in Scotland—
(a)
specified or described (in any way) in an order made by the Secretary
5
of State, 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
if it appears to him that it is appropriate to designate the site in the interests of
national security.
10
(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
relation to which the offence is alleged to have been committed was a
designated Scottish site.
(5)
A person guilty of an offence under this section is liable on summary
15
conviction—
(a)
to imprisonment for a term not exceeding 12 months, or
(b)
to a fine not exceeding level 5 on the standard scale,

or to both.
(6)
For the purposes of subsection (1), a person who is on any designated Scottish
20
site without lawful authority does not acquire lawful authority by virtue of
being allowed time to leave the site.
(7)
In this section “site” means the whole or part of any building or buildings, or
any land, or both.
127
Designated sites: powers of arrest
25
(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
under section 125.

This subsection ceases to have effect on the commencement of section 106.
(2)
An offence under section 125 is to be treated as an arrestable offence for the
30
purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989
(S.I. 1989/1341 (N.I. 12)).
(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.
35
128
Designated sites: access
(1)
The following provisions do not apply to land in respect of which a designation
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),
40
(b)
Part III of the Countryside (Northern Ireland) Order 1983 (S.I. 1983/
1895 (N.I. 18)) (access to open country), and
(c)
section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights).

Serious Organised Crime and Police Bill
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(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
5
(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
10
steps being taken, or
(b)
a person acting on behalf of such a person.
(5)
In this section a “designation order” means—
(a)
in relation to England and Wales or Northern Ireland, an order under
section 125, or
15
(b)
in relation to Scotland, an order under section 126.
Behaviour in vicinity of Parliament
129
Demonstrating without authorisation in designated area
(1)
Any person who—
(a)
organises a demonstration in a public place in the designated area, or
20
(b)
takes part in a demonstration in a public place in the designated area, or
(c)
carries on a demonstration by himself in a public place in the
designated area,

is guilty of an offence if, when the demonstration starts, authorisation for the
demonstration has not been given under section 131(2).
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(2)
It is a defence for a person accused of an offence under subsection (1) to show
that he reasonably believed that authorisation had been given.
(3)
Subsection (1) does not apply if the demonstration is—
(a)
a public procession of which notice is required to be given under
subsection (1) of section 11 of the Public Order Act 1986 (c. 64), or of
30
which (by virtue of subsection (2) of that section) notice is not required
to be given, or
(b)
a public procession for the purposes of section 12 or 13 of that Act.
(4)
Subsection (1) also does not apply in relation to any conduct which is lawful
under section 220 of the Trade Union and Labour Relations (Consolidation)
35
Act 1992 (c. 52).
(5)
If subsection (1) does not apply by virtue of subsection (3) or (4), nothing in
sections 130 to 133 applies either.
(6)
Section 14 of the Public Order Act 1986 (imposition of conditions on public
assemblies) does not apply in relation to a public assembly which is also a
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demonstration for the purposes of this section.
(7)
In this section and in sections 130 to 133—

Serious Organised Crime and Police Bill
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(a)
“the designated area” means the area specified in an order under
section 135,
(b)
“public place” means any highway or any place to which at the material
time the public or any section of the public has access, on payment or
otherwise, as of right or by virtue of express or implied permission,
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(c)
references to any person organising a demonstration include a person
participating in its organisation,
(d)
references to any person organising a demonstration do not include a
person carrying on a demonstration by himself,
(e)
references to any person or persons taking part in a demonstration
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(except in subsection (1) of this section) include a person carrying on a
demonstration by himself.
130
Notice of demonstrations in designated area
(1)
A person seeking authorisation for a demonstration in the designated area
must give written notice to that effect to the Commissioner of Police of the
15
Metropolis (referred to in this section and section 131 as “the Commissioner”)
not less than 6 clear days before the day on which the demonstration is to start.
(2)
The notice must be given—
(a)
if the demonstration is to be carried on by more than one person, by any
of the persons organising it,
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(b)
if it is to be carried on by a person by himself, by that person.
(3)
The notice must state—
(a)
the date and time when the demonstration is to start,
(b)
the place where it is to be carried on,
(c)
how long it is to last,
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(d)
whether it is to be carried on by a person by himself or not,
(e)
the name and address of the person giving the notice.
(4)
A notice under this section must be given by—
(a)
delivering it to a police station in the metropolitan police district, or
(b)
sending it by post by recorded delivery to such a police station.
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(5)
Section 7 of the Interpretation Act 1978 (c. 30) (under which service of a
document is deemed to have been effected at the time it would be delivered in
the ordinary course of post) does not apply to a notice under this section.
131
Authorisation of demonstrations in designated area
(1)
This section applies if a notice complying with the requirements of section 130
35
is received at a police station in the metropolitan police district at least 6 clear
days before the day on which the demonstration to which it relates is to start.
(2)
The Commissioner must give authorisation for the demonstration.
(3)
In giving authorisation, the Commissioner may impose on the persons
organising or taking part in the demonstration such conditions specified in the
40
authorisation and relating to the demonstration as in the Commissioner’s
reasonable opinion are necessary for the purpose of preventing any of the
following—

Serious Organised Crime and Police Bill
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(a)
hindrance to any person wishing to enter or leave the Palace of
Westminster,
(b)
hindrance to the proper operation of Parliament,
(c)
serious public disorder,
(d)
serious damage to property,
5
(e)
disruption to the life of the community,
(f)
a security risk in any part of the designated area,
(g)
risk to the safety of members of the public (including any taking part in
the demonstration).
(4)
The conditions may, in particular, impose requirements as to—
10
(a)
the place where the demonstration may, or may not, be carried on,
(b)
the times at which it may be carried on,
(c)
the period during which it may be carried on,
(d)
the number of persons who may take part in it,
(e)
the number and size of banners or placards used,
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(f)
maximum permissible noise levels.
(5)
The authorisation must specify the particulars of the demonstration given in
the notice under section 130 pursuant to subsection (3) of that section, with any
modifications made necessary by any condition imposed under subsection (3)
of this section.
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(6)
The Commissioner must give notice in writing of—
(a)
the authorisation,
(b)
any conditions imposed under subsection (3), and
(c)
the particulars mentioned in subsection (5),

to the person who gave the notice under section 130.
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(7)
Each person who takes part in or organises a demonstration in the designated
area is guilty of an offence if —
(a)
he knowingly fails to comply with a condition imposed under
subsection (3) which is applicable to him (except where it is varied
under section 132), or
30
(b)
he knows or should have known that the demonstration is carried on
otherwise than in accordance with the particulars set out in the
authorisation by virtue of subsection (5).
(8)
It is a defence for a person accused of an offence under subsection (7) to show—
(a)
(in a paragraph (a) case) that the divergence from the particulars, or
35
(b)
(in a paragraph (b) case) that the failure to comply,

arose from circumstances beyond his control, or from something done with the
agreement, or by the direction, of a police officer.
(9)
The notice required by subsection (6) may be sent by post to the person who
gave the notice under section 130 at the address stated in that notice pursuant
40
to subsection (3)(e) of that section.
132
Supplementary directions
(1)
This section applies if the senior police officer reasonably believes that it is
necessary, in order to prevent any of the things mentioned in paragraphs (a) to
(g) of subsection (3) of section 131—
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Serious Organised Crime and Police Bill
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(a)
to impose additional conditions on those taking part in or organising a
demonstration authorised under that section, or
(b)
to vary any condition imposed under that subsection or under
paragraph (a) (including such a condition as varied under subsection
(2)).
5
(2)
The senior police office may give directions to those taking part in or
organising the demonstration imposing such additional conditions or varying
any such condition already imposed.
(3)
A person taking part in or organising the demonstration who knowingly fails
to comply with a condition which is applicable to him and which is imposed or
10
varied by a direction under this section is guilty of an offence.
(4)
It is a defence for him to show that the failure to comply arose from
circumstances beyond his control.
(5)
In this section, “the senior police officer” means the most senior in rank of the
police officers present at the scene (or any one of them if there are more than
15
one of the same rank).
133
Offences under sections 129 to 132: penalties
(1)
A person guilty of an offence under section 129(1)(a) is liable on summary
conviction to imprisonment for a term not exceeding 51 weeks, to a fine not
exceeding level 4 on the standard scale, or to both.
20
(2)
A person guilty of an offence under section 129(1)(b) or (c) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(3)
A person guilty of an offence under section 131(7) or 132(3) is liable on
summary conviction—
(a)
if the offence was in relation to his capacity as organiser of the
25
demonstration, to imprisonment for a term not exceeding 51 weeks, to
a fine not exceeding level 4 on the standard scale, or to both,
(b)
otherwise, to a fine not exceeding level 3 on the standard scale.
(4)
A person who is guilty of the offence of inciting another to—
(a)
do anything which would constitute an offence mentioned in
30
subsection (1), (2) or (3), or
(b)
fail to do anything where the failure would constitute such an offence,

is liable on summary conviction to imprisonment for a term not exceeding 51
weeks, to a fine not exceeding level 4 on the standard scale, or to both,
notwithstanding section 45(3) of the Magistrates’ Courts Act 1980 (c. 43).
35
(5)
A constable in uniform may arrest without warrant anyone he reasonably
believes is committing an offence mentioned in subsections (1) to (4).

This subsection ceases to have effect on the coming into force of section 106.
134
Loudspeakers in designated area
(1)
Subject to subsection (2), a loudspeaker shall not be operated, at any time or for
40
any purpose, in a street in the designated area.
(2)
Subsection (1) does not apply to the operation of a loudspeaker—
(a)
in case of emergency,

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(b)
for police, fire and rescue authority or ambulance purposes,
(c)
by the Environment Agency, a water undertaker or a sewerage
undertaker in the exercise of any of its functions,
(d)
by a local authority within its area,
(e)
for communicating with persons on a vessel for the purpose of
5
directing the movement of that or any other vessel,
(f)
if the loudspeaker forms part of a public telephone system,
(g)
if the loudspeaker is in or fixed to a vehicle and subsection (3) applies,
(h)
otherwise than on a highway, by persons employed in connection with
a transport undertaking used by the public, but only if the loudspeaker
10
is operated solely for making announcements to passengers or
prospective passengers or to other persons so employed,
(i)
in accordance with a consent granted by a local authority under
Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40).
(3)
This subsection applies if the loudspeaker referred to in subsection (2)(g)—
15
(a)
is operated solely for the entertainment of or for communicating with
the driver or a passenger of the vehicle (or, if the loudspeaker is or
forms part of the horn or similar warning instrument of the vehicle,
solely for giving warning to other traffic), and
(b)
is so operated as not to give reasonable cause for annoyance to persons
20
in the vicinity.
(4)
A person who operates or permits the operation of a loudspeaker in
contravention of subsection (1) is guilty of an offence and is liable on summary
conviction to—
(a)
a fine not exceeding level 5 on the standard scale, together with
25
(b)
a further fine not exceeding £50 for each day on which the offence
continues after the conviction.
(5)
In this section—
“local authority” means a London borough council (and, in subsection
(2)(d), the Greater London Authority),
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“street” means a street within the meaning of section 48(1) of the New
Roads and Street Works Act 1991 (c. 22) which is for the time being
open to the public,
“the designated area” means the area specified in an order under section
135,
35
“vessel” includes a hovercraft within the meaning of the Hovercraft Act
1968 (c. 59).
(6)
In Schedule 2 to the Noise and Statutory Nuisance Act 1993 (consent to the
operation of loudspeakers in streets or roads), in paragraph 1(1), at the end add
“or of section 134(1) of the Serious Organised Crime and Police Act 2005”.
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135
The designated area
(1)
The Secretary of State may by order specify an area as the designated area for
the purposes of sections 129 to 134.
(2)
The area may be specified by description, by reference to a map or in any other
way.
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