Amendments proposed to the Criminal Justice and Police Bill - continued House of Commons

back to previous text
   

Mr Charles Clarke

189

Clause     132,     page     100,     line     9,     leave out 'and 83' and insert '83 and (Registration for criminal records purposes)'.


NEW CLAUSES

Police directions stopping the harassment etc of a person in his home

   

Mr Charles Clarke

NC6

To move the following Clause:—

    '.—(1) Subject to the following provisions of this section, a constable who is at the scene may give a direction under this section to any person if—

    (a) that person is present outside or in the vicinity of any premises that are used by any individual ("the victim") as his dwelling;

    (b) that constable believes, on reasonable grounds, that that person is present there for the purpose (by his presence or otherwise) of representing to the victim or another individual (whether or not one who uses the premises as his dwelling), or of persuading the victim 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;

      and

    (c) that constable also believes, on reasonable grounds, that the presence of that person (either alone or together with that of any other persons who are also present)—

            (i) amounts to, or is likely to result in, the harassment of the victim; or

            (ii) is likely to cause alarm or distress to the victim.

    (2) A direction under this section is a direction requiring the person to whom it is given to do all such things as the constable giving it may specify as the things he considers necessary to prevent one or both of the following—

    (a) the harassment of the victim; or

    (b) the causing of any alarm or distress to the victim.

    (3) A direction under this section may be given orally; and where a constable is entitled to give a direction under this section to each of several persons outside, or in the vicinity of, any premises, he may give that direction to those persons by notifying them of his requirements either individually or all together.

    (4) The requirements that may be imposed by a direction under this section include a requirement to leave the vicinity of the premises in question (either immediately or after a specified period of time).

    (5) A direction under this section may make exceptions to any requirement imposed by the direction, and may make any such exception subject to such conditions as the constable giving the direction thinks fit; and those conditions may include—

    (a) conditions as to the distance from the premises in question at which, or otherwise as to the location where, persons who do not leave their vicinity must remain; and

    (b) conditions as to the number or identity of the persons who are authorised by the exception to remain in the vicinity of those premises.

    (6) The power of a constable to give a direction under this section shall not include—

    (a) any power to give a direction at any time when there is a more senior-ranking police officer at the scene; or

    (b) any power to direct a person to refrain from conduct that is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (right peacefully to picket a work place);

    but it shall include power to vary or withdraw a direction previously given under this section.

    (7) Any person who knowingly contravenes a direction given to him under this section shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale, or to both.

    (8) A constable in uniform may arrest without warrant any person he reasonably suspects is committing an offence under this section.

    (9) In this section "dwelling" has the same meaning as in Part I of the Public Order Act 1986.'.


Malicious communications

   

Mr Charles Clarke

NC7

To move the following Clause:—

    '.—(1) In subsection (1) of section 1 of the Malicious Communications Act 1988 (offence of sending letters and other articles with intent to cause distress or anxiety)—

    (a) in paragraph (a), for "letter or other article" there shall be substituted "letter, electronic communication or article of any description"; and

    (b) in paragraph (b), for the word "other article" there shall be substituted "article or electronic communication".

    (2) In subsection (2) of that section (defence of making a threat in the belief that it was a proper way of reinforcing a demand and that there were reasonable grounds for making that demand)—

    (a) in paragraph (a), for "which he believed he had reasonable grounds for making" there shall be substituted "made by him on reasonable grounds"; and

    (b) in paragraph (b), after "believed" there shall be inserted ", and had reasonable grounds for believing,".

    (3) After that subsection there shall be inserted—

            "(2A) In this section 'electronic communication' includes—

          (a) any oral or other communication by means of a telecommunication system (within the meaning of the Telecommunications Act 1984); and

          (b) any communication (however sent) that is in electronic form.

    (4) In subsection (3) of that section (definition of "send")—

    (a) after "delivering" there shall be inserted "or transmitting"; and

    (b) for "or delivered" there shall be substituted ", delivered or transmitted".

    (5) In subsection (5) of that section (penalty for offence), for "a fine not exceeding level 4 on the standard scale" there shall be substituted "imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both".

    (6) Subsection (5) does not affect the penalty for an offence committed before the day on which this Act is passed.'.


Registration for criminal records purposes

   

Mr Charles Clarke

NC8

To move the following Clause:—

    '.—(1) After section 120 of the 1997 Act there shall be inserted the following section—

"Refusal and cancellation of registration.120A.—(1) The Secretary of State may refuse to include a person in the register maintained for the purposes of this Part if it appears to him that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State's opinion, is not a suitable person to have access to that information.

    (2) The Secretary of State may remove a person from the register if it appears to the Secretary of State—

    (a) that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State's opinion, is not a suitable person to have access to that information; or

    (b) that the registration of that person has resulted in information becoming known to such an individual.

    (3) In determining for the purposes of this section whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to—

    (a) any information relating to that person which concerns a relevant matter;

    (b) whether that person is included in any list mentioned in section 113(3A) or (3C); and

    (c) any information provided to the Secretary of State under subsection (4).

    (4) It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by the Secretary of State to provide the Secretary of State with information which—

    (a) is available to the chief officer;

    (b) relates to—

            (i) an applicant for registration;

            (ii) a registered person; or

            (iii) an individual who is likely to have access to information in consequence of the countersigning of applications by a particular applicant for registration or by a particular registered person;

      and

    (c) concerns a matter which the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of the countersigning of applications under this Part.

    (5) In this section 'relevant matter' has the same meaning as in section 113."

    (2) In section 119 of that Act (sources of information)—

    (a) in subsections (1) and (4) (supply of information to the Secretary of State for the purposes of applications under Part V), for "for the purposes of an application under this Part" there shall be substituted "for the purpose of enabling him to carry out his functions under this Part in relation to—

          (a) any application for a certificate or for registration; or

          (b) the determination of whether a person should continue to be a registered person.";

    (b) after subsection (1) there shall be inserted—

            "(1A) Any person who keeps a list mentioned in section 113(3A) or (3C) above shall make the contents of that list available to the Secretary of State for the purpose of enabling him to carry out his functions under this Part in relation to—

          (a) any application for a certificate or for registration; or

          (b) the determination of whether a person should continue to be a registered person."

      and

    (c) in subsection (3) (payment for information provided under subsection (2)), for "subsection (2)" there shall be substituted "section 120A(4) or subsection (2) of this section".

    (3) In section 120(2) of that Act (duty to grant registration), after "Subject to" there shall be inserted "section 120A and".

    (4) In section 120(3) of that Act (regulations about registration), after paragraph (a) there shall be inserted—

          "(aa) the nomination, in the case of a body corporate or unincorporate, of the individuals authorised to act for the body in relation to the countersigning of applications under this Part;

          (ab) the refusal by the Secretary of State, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised;".'.

 
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