Police, Crime, Sentencing and Courts Bill — Report (6th Day) — Amendment 159 — 17 Jan 2022 at 23:59

Moved by Baroness Williams of Trafford

159: After Clause 62, insert the following new Clause-“Serious disruption prevention orders(1) In Part 11 of the Sentencing Code (behaviour orders), after Chapter 1A (as inserted by section 141) insert-“CHAPTER 1BSERIOUS DISRUPTION PREVENTION ORDERSSerious disruption prevention orders made on conviction342L Serious disruption prevention order made on conviction(1) This section applies where-(a) a person aged 18 or over (“P”) is convicted of an offence (“the current offence”) which was committed on or after the day on which this section comes into force, and(b) the prosecution applies for a serious disruption prevention order to be made in respect of P.(2) The court dealing with P in respect of the current offence may make a serious disruption prevention order in respect of P if-(a) the court is satisfied on the balance of probabilities that the current offence is a protest-related offence,(b) the earlier offence condition is met, and(c) the court considers it necessary to make the order for a purpose mentioned in subsection (5).(3) The earlier offence condition is that- (a) within the relevant period, P has been convicted of an offence (“the earlier offence”),(b) the court is satisfied on the balance of probabilities that the earlier offence was a protest-related offence, and(c) the current offence and the earlier offence-(i) relate to different protests, or(ii) were committed on different days.(4) In subsection (3) “the relevant period” means the period of 5 years ending with the day on which P is convicted of the current offence; but an offence may be taken into account for the purposes of this section only if it was committed-(a) on or after the day on which this section comes into force, and(b) when P was aged 16 or over.(5) The purposes are-(a) to prevent P from committing a protest-related offence or a protest-related breach of an injunction;(b) to prevent P from carrying out activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales;(c) to prevent P from causing or contributing to-(i) the commission by any other person of a protest-related offence or a protest-related breach of an injunction, or(ii) the carrying out by any other person of activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales;(d) to protect two or more individuals, or an organisation, in England and Wales from the risk of serious disruption arising from-(i) a protest-related offence,(ii) a protest-related breach of an injunction, or(iii) activities related to a protest.(6) A serious disruption prevention order under this section is an order which, for a purpose mentioned in subsection (5)-(a) requires P to do anything described in the order;(b) prohibits P from doing anything described in the order.(7) The court may make a serious disruption prevention order in respect of P only if it is made in addition to-(a) a sentence imposed in respect of the current offence, or(b) an order discharging P conditionally.(8) For the purpose of deciding whether to make a serious disruption prevention order the court may consider evidence led by the prosecution or P.(9) It does not matter whether the evidence would have been admissible in the proceedings for the current offence.(10) The court may adjourn any proceedings on an application for a serious disruption prevention order even after sentencing P.(11) If P does not appear for any adjourned proceedings the court may-(a) further adjourn the proceedings,(b) issue a warrant for P’s arrest, or(c) hear the proceedings in P’s absence. (12) The court may not act under subsection (11)(b) unless it is satisfied that P has had adequate notice of the time and place of the adjourned proceedings.(13) The court may not act under subsection (11)(c) unless it is satisfied that P-(a) has had adequate notice of the time and place of the adjourned proceedings, and(b) has been informed that if P does not appear for those proceedings the court may hear the proceedings in P’s absence.(14) On making a serious disruption prevention order the court must in ordinary language explain to P the effects of the order.(15) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of this section to have been committed on the last of those days.Serious disruption prevention orders made otherwise than on conviction342M Serious disruption prevention order made otherwise than on conviction(1) A magistrates’ court may make a serious disruption prevention order in respect of a person (“P”) where-(a) a person within subsection (7) applies by complaint to the court for a serious disruption prevention order to be made in respect of P,(b) P is aged 18 or over when the application is made,(c) the condition in subsection (2) is met, and(d) the court considers it necessary to make the order for a purpose mentioned in subsection (4).(2) This condition in this subsection is that the court is satisfied on the balance of probabilities that-(a) on at least two occasions in the relevant period, P has-(i) been convicted of a protest-related offence,(ii) been found in contempt of court for a protest-related breach of an injunction,(iii) carried out activities related to a protest that resulted in, or were likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales,(iv) caused or contributed to the commission by any other person of a protest-related offence or a protest-related breach of an injunction, or(v) caused or contributed to the carrying out by any other person of activities related to a protest that resulted in, or were likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales, and(b) each event mentioned in paragraph (a)-(i) relates to a different protest, or(ii) took place on a different day.(3) In subsection (2) “the relevant period” means the period of 5 years ending with the day on which the order is made; but an event may be taken into account for the purposes of this section only if it occurred-(a) on or after the day on which this section comes into force, and(b) when P was aged 16 or over.(4) The purposes are-(a) to prevent P from committing a protest-related offence or a protest-related breach of an injunction; (b) to prevent P from carrying out activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales;(c) to prevent P from causing or contributing to-(i) the commission by any other person of a protest-related offence or a protest-related breach of an injunction, or(ii) the carrying out by any other person of activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales;(d) to protect two or more individuals, or an organisation, in England and Wales from the risk of serious disruption arising from-(i) a protest-related offence,(ii) a protest-related breach of an injunction, or(iii) activities related to a protest.(5) A serious disruption prevention order under this section is an order which, for a purpose mentioned in subsection (4)-(a) requires P to do anything described in the order;(b) prohibits P from doing anything described in the order.(6) On making a serious disruption prevention order the court must in ordinary language explain to P the effects of the order.(7) The following persons are within this subsection-(a) a relevant chief officer of police;(b) the chief constable of the British Transport Police Force;(c) the chief constable of the Civil Nuclear Constabulary;(d) the chief constable of the Ministry of Defence Police.(8) For the purposes of subsection (7)(a) a chief officer of police is a relevant chief officer of police in relation to an application for a serious disruption prevention order in respect of P if-(a) P lives in the chief officer’s police area, or(b) the chief officer believes that P is in, or is intending to come to, the chief officer’s police area.(9) An application for a serious disruption prevention order made by a chief officer of police for a police area may be made only to a court acting for a local justice area that includes any part of that police area.(10) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of this section to have been committed on the last of those days.(11) Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply to a complaint under this section.Provisions of serious disruption prevention orders342N Provisions of serious disruption prevention order(1) The requirements imposed on a person (“P”) by a serious disruption prevention order may, in particular, have the effect of requiring P to present themselves to a particular person at a particular place at, or between, particular times on particular days.(2) Sections 342O and 342P make further provision about the inclusion of requirements (including notification requirements) in a serious disruption prevention order. (3) The prohibitions imposed on a person (“P”) by a serious disruption prevention order may, in particular, have the effect of prohibiting P from-(a) being at a particular place;(b) being at a particular place between particular times on particular days;(c) being at a particular place between particular times on any day;(d) being with particular persons;(e) participating in particular activities;(f) having particular articles with them;(g) using the internet to facilitate or encourage persons to-(i) commit a protest-related offence or a protest-related breach of an injunction, or(ii) carry out activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales.(4) References in this section to a particular place or particular persons, activities or articles include a place, persons, activities or articles of a particular description.(5) A serious disruption prevention order which imposes prohibitions on a person may include exceptions from those prohibitions.(6) Nothing in this section affects the generality of sections 342L(6) and 342M(5).(7) The requirements or prohibitions which are imposed on a person by a serious disruption prevention order must, so far as practicable, be such as to avoid-(a) any conflict with the person’s religious beliefs, and(b) any interference with the times, if any, at which the person normally works or attends any educational establishment.342O Requirements in serious disruption prevention order(1) A serious disruption prevention order which imposes on a person (“P”) a requirement, other than a notification requirement under section 342P, must specify a person who is to be responsible for supervising compliance with the requirement.(2) That person may be an individual or an organisation.(3) Before including such a requirement, the court must receive evidence about its suitability and enforceability from-(a) the individual to be specified under subsection (1), if an individual is to be specified;(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.(4) Before including two or more such requirements, the court must consider their compatibility with each other.(5) It is the duty of a person specified under subsection (1)-(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);(b) to promote P’s compliance with the relevant requirements;(c) if the person considers that P-(i) has complied with all of the relevant requirements, or(ii) has failed to comply with a relevant requirement,to inform the appropriate chief officer of police. (6) In subsection (5)(c) “the appropriate chief officer of police” means-(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that P lives, or(b) if it appears to that person that P lives in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform.(7) Where P is subject to a requirement in a serious disruption prevention order, other than a notification requirement under section 342P, P must-(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and(b) notify that person of any change of P’s home address.(8) The obligations mentioned in subsection (7) have effect as if they were requirements imposed on P by the order.342P Notification requirements in serious disruption prevention order(1) A serious disruption prevention order made in respect of a person (“P”) must impose on P the notification requirements in subsections (2) and (4).(2) P must be required to notify the information in subsection (3) to the police within the period of 3 days beginning with the day on which the order takes effect.(3) That information is-(a) P’s name on the day that the notification is given and, where P uses one or more other names on that day, each of those names,(b) P’s home address on that day, and(c) the address of any other premises at which, on that day, P regularly resides or stays.(4) P must be required to notify the information mentioned in subsection (5) to the police within the period of 3 days beginning with the day on which P-(a) uses a name which has not been previously notified to the police in accordance with the order,(b) changes their home address, or(c) decides to live for a period of one month or more at any premises the address of which has not been previously notified to the police in accordance with the order.(5) That information is-(a) in a case within subsection (4)(a), the name which has not previously been notified,(b) in a case within subsection (4)(b), the new home address, and(c) in a case within subsection (4)(c), the address of the premises at which P has decided to live.(6) A serious disruption prevention order must provide that P gives a notification of the kind mentioned in subsection (2) or (4) by-(a) attending at a police station in a police area in which P lives, and(b) giving an oral notification to a police officer, or to any person authorised for the purpose by the officer in charge of the station.342Q Duration of serious disruption prevention order(1) A serious disruption prevention order takes effect on the day it is made, subject to subsections (3) and (4). (2) A serious disruption prevention order must specify the period for which it has effect, which must be a fixed period of not less than 1 week and not more than 2 years.(3) Subsection (4) applies in relation to a serious disruption prevention order made in respect of a person (“P”) if-(a) P has been remanded in or committed to custody by an order of a court,(b) a custodial sentence has been imposed on P or P is serving or otherwise subject to a such a sentence, or(c) P is on licence for part of the term of a custodial sentence.(4) The order may provide that it does not take effect until-(a) P is released from custody,(b) P ceases to be subject to a custodial sentence, or(c) P ceases to be on licence.(5) A serious disruption prevention order may specify periods for which particular requirements or prohibitions have effect.(6) Where a court makes a serious disruption prevention order in respect of a person and the person is already subject to such an order, the earlier order ceases to have effect.(7) In this section “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).342R Other information to be included in serious disruption prevention orderA serious disruption prevention order made in respect of a person must specify-(a) the reasons for making the order, and(b) the penalties which may be imposed on the person for breaching the order.Offences342S Offences relating to a serious disruption prevention order(1) Where a serious disruption prevention order has effect in respect of a person (“P”), P commits an offence if P-(a) fails without reasonable excuse to do anything P is required to do by the order,(b) without reasonable excuse does anything P is prohibited from doing by the order, or(c) notifies to the police, in purported compliance with the order, any information which P knows to be false.(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine or both.(3) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (2) to 51 weeks is to be read as a reference to 6 months.Variation, renewal or discharge of serious disruption prevention order342T Variation, renewal or discharge of serious disruption prevention order(1) Where a serious disruption prevention order has been made in respect of a person (“P”), a person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging the order.(2) Those persons are-(a) P; (b) the chief officer of police for the police area in which P lives;(c) a chief officer of police who believes that P is in, or is intending to come to, the chief officer’s police area;(d) if the application for the order was made by a chief officer of police other than one within paragraph (b) or (c), the chief officer by whom the application was made;(e) the chief officer of police for a police area in which P committed an offence on the basis of which the order was made;(f) where the order was made following an application by a constable within subsection (3), that constable.(3) Those constables are-(a) the chief constable of the British Transport Police Force;(b) the chief constable of the Civil Nuclear Constabulary;(c) the chief constable of the Ministry of Defence Police.(4) An application under this section must be made-(a) where the appropriate court is a magistrates’ court, by complaint;(b) in any other case, in accordance with rules of court.(5) Before making a decision on an application under this section, the court must hear-(a) the person making the application, and(b) any other person within subsection (2) who wishes to be heard.(6) Subject to subsection (7), on an application under this section the court may make such order varying, renewing or discharging the serious disruption prevention order as it thinks appropriate.(7) The court may renew a serious disruption prevention order, or vary such an order so as to lengthen its duration or to impose an additional prohibition or requirement on P, only if it considers that to do so is necessary-(a) to prevent P from committing a protest-related offence or a protest-related breach of an injunction,(b) to prevent P from carrying out activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales,(c) to prevent P from causing or contributing to-(i) the commission by any other person of a protest-related offence or a protest-related breach of an injunction, or(ii) the carrying out by any other person of activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales, or(d) to protect two or more individuals, or an organisation, in England and Wales from the risk of serious disruption arising from-(i) a protest-related offence,(ii) a protest-related breach of an injunction, or(iii) activities related to a protest.(8) Sections 342N, 342O, 342P (other than subsections (2) and (3)), 342Q and 342R have effect in relation to the renewal of a serious disruption prevention order, or the variation of such an order so as to lengthen its duration or to impose a new requirement or prohibition, as they have effect in relation to the making of such an order. (9) On making an order under this section varying or renewing a serious disruption prevention order, the court must in ordinary language explain to P the effects of the serious disruption prevention order (as varied or renewed).(10) Section 127 of the Magistrates’ Courts Act 1980 does not apply to a complaint under this section.(11) In this section “the appropriate court” means-(a) where the Crown Court or the Court of Appeal made the order, the Crown Court;(b) where a magistrates’ court made the order and the application is made by P or a constable within subsection (3)-(i) that magistrates’ court, or(ii) a magistrates’ court for the area in which P lives;(c) where a magistrates’ court made the order and the application is made by a chief officer of police-(i) that magistrates’ court,(ii) a magistrates’ court for the area in which P lives, or(iii) a magistrates’ court acting for a local justice area that includes any part of the chief officer’s police area.Appeals342U Appeal against serious disruption prevention order(1) Where a serious disruption prevention order is made under section 342L (order on conviction) in respect of a person (“P”), P may appeal against the making of the order as if the order were a sentence passed on P for the offence.(2) Where a serious disruption prevention order is made under section 342M (order otherwise than on conviction) in respect of a person (“P”), P may appeal to the appropriate court against the making of the order.(3) A person who applied under section 342M (order otherwise than on conviction) for a serious disruption prevention order to be imposed in respect of a person may appeal to the appropriate court against a refusal to make the order.(4) Where an application is made under section 342T for an order varying, renewing or discharging a serious disruption prevention order made in respect of a person (“P”)-(a) the person who made the application may appeal to the appropriate court against a refusal to make an order under that section;(b) P may appeal to the appropriate court against the making of an order under that section which was made on the application of a person other than P;(c) a person within subsection (2) of that section (other than P) may appeal to the appropriate court against the making of an order under that section which was made on the application of P.(5) In this section “the appropriate court” means-(a) in relation to an appeal under subsection (2), the Crown Court;(b) in relation to an appeal under subsection (3) or (4)-(i) where the application in question was made to a magistrates’ court, the Crown Court;(ii) where the application in question was made to the Crown Court, the Court of Appeal.(6) On an appeal under this section to the Crown Court, the court may make-(a) such orders as may be necessary to give effect to its determination of the appeal, and (b) such incidental and consequential orders as appear to it to be appropriate.General342V Guidance(1) The Secretary of State may issue guidance to-(a) chief officers of police,(b) the chief constable of the British Transport Police Force,(c) the chief constable of the Civil Nuclear Constabulary, and(d) the chief constable of the Ministry of Defence Police,in relation to serious disruption prevention orders.(2) The guidance may in particular include-(a) guidance about the exercise by chief officers of police and the chief constables mentioned in subsection (1) of their functions under this Chapter,(b) guidance about identifying persons in respect of whom it may be appropriate for applications for serious disruption prevention orders to be made, and(c) guidance about providing assistance to prosecutors in connection with applications for serious disruption prevention orders.(3) The Secretary of State may revise any guidance issued under this section.(4) The Secretary of State must arrange for any guidance issued under this section to be published.(5) A chief officer of police or a chief constable mentioned in subsection (1) must have regard to any guidance issued under this section.342W Guidance: Parliamentary procedure(1) Before issuing guidance under section 342V, the Secretary of State must lay a draft of the guidance before Parliament.(2) If, within the 40-day period, either House of Parliament resolves not to approve the draft guidance, the guidance may not be issued.(3) If no such resolution is made within that period, the Secretary of State may issue the guidance.(4) In this section “the 40-day period”, in relation to draft guidance, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).(5) In calculating the 40-day period, no account is to be taken of any period during which-(a) Parliament is dissolved or prorogued, or(b) both Houses are adjourned for more than 4 days.342X Interpretation of ChapterIn this Chapter-“home address”, in relation to a person (“P”), means-(a) the address of P’s sole or main residence, or(b) if P has no such residence, the address or location of a place where P can regularly be found and, if there is more than one such place, such one of those places as P may select;“injunction” means an injunction granted by the High Court, the county court or a youth court;“protest-related breach”, in relation to an injunction, means a breach which is directly related to a protest; “protest-related offence” means an offence which is directly related to a protest.”(2) In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), before paragraph (g) insert-“(fi) to have the conduct of applications for orders under section 342L(1)(b) of the Sentencing Code (serious disruption prevention orders on conviction);”.”Member’s explanatory statementThis amendment contains provisions about serious disruption prevention orders. These are orders which can be imposed on a person who has committed two protest-related offences or who has, on at least two occasions, committed protest-related breaches of injunctions or caused or contributed to the commission of such offences or breaches or to activity related to a protest that resulted in serious disruption to two or more individuals or to an organisation.

Ayes 124, Noes 199.

Debate in Parliament |