The Whole “(4)The requirements that may be imposed by a direction under this section include—, (a)a requirement to leave the vicinity of the premises in question, and. the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. (6)For the purposes of subsection (1), a person who is on any designated Scottish site without lawful authority does not acquire lawful authority by virtue of being allowed time to leave the site. (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. to the person who gave the notice under section 133. as the person making the order thinks appropriate. Subsection (2) ceases to have effect on the commencement of section 110 of this Act. The power cannot be delegated to a constable or a member of staff of the National Crime Agency ('NCA') [Note: All reference… No changes have been applied to the text. (ii)to do something that he is not under any 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)”. (8)For the purposes of subsection (7), any reference in the provisions specified in paragraphs (a) to (d) to a person authorised to exercise a function must be construed as a reference to a person with whom an arrangement is made for the exercise of the function in pursuance of an order under this section. (d)references to any person organising a demonstration do not include a person carrying on a demonstration by himself. The Director of Public Prosecutions may apply to the court which made an order under section 1C for it to be varied or discharged. 1.2 The trespass legislation makes provision for the application of the offence in England, Wales, Scotland and … (i)in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40). (c)any proceedings in a magistrates' court so far as relating to the issue whether to make an order under section 1D. In section 7 (interpretation of sections 1 to 5)—, A “course of conduct” must involve—, 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. (b)take any other steps under subsection (2). (c)section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights). (9)The notice required by subsection (6) may be sent by post to the person who gave the notice under section 133 at the address stated in that notice pursuant to subsection (4)(e) of that section. (3)This subsection applies if the loudspeaker referred to in subsection (2)(g)—, (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. The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. Powers of arrest 110 Powers of arrest 111 Powers of arrest: supplementary Exclusion zones 112 Power to direct a person to leave a place Search warrants (4)It is a defence for him to show that the failure to comply arose from circumstances beyond his control. In this section a “designation order” means—, in relation to England and Wales or Northern Ireland, an order under section 128, or. if the loudspeaker is in or fixed to a vehicle and subsection (3) applies. A person guilty of an offence under section 132(1)(b) or (c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (f)if the loudspeaker forms part of a public telephone system. The Secretary of State must not make an order under this section unless he first consults—. The existing text of section 1A (power of Secretary of State to add to relevant authorities) is to be subsection (1) of that section, and after that subsection add—, provide that a person or body of any other description specified in the order is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of such of sections 1 above and 1B, 1CA and 1E below as are specified in the order; and. Notice of demonstrations in designated area. An offence under section 128 is to be treated as an arrestable offence for the purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989 (. Makes all offences arrestable. a person in another dwelling in the vicinity of the resident’s dwelling. (a)section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the child or young person against whom the proceedings are brought; (b)section 45 of the Youth Justice and Criminal Evidence Act 1999 (power to restrict reporting of criminal proceedings involving persons under 18) does so apply. (3)In section 2(1) (offence of harassment) for “section 1” substitute “section 1(1) or (1A)”. 12)). the date and time when the demonstration is to start. (a)any proceedings in a magistrates' court on an application for an anti-social behaviour order, (b)any proceedings in a magistrates' court or the Crown Court so far as relating to the issue whether to make an order under section 1C, and. This may include cases such as: 200 provisions and might take some time to download. (g)if the loudspeaker is in or fixed to a vehicle and subsection (3) applies. THE SERIOUS ORGANISED CRIME AND POLICE ACT 2005. any person who is or may be a person falling within section 1(1A)(c). Last week, two penniless activists, Dave Morris and Helen Steel, persuaded the European Court of Human Rights that Britain’s libel laws,… In giving authorisation, the Commissioner may impose on the persons organising or taking part in the demonstration such conditions specified in the authorisation and relating to the demonstration as in the Commissioner’s reasonable opinion are necessary for the purpose of preventing any of the following—. (e)the name and address of the person giving the notice. (5)Section 47 of that Act (restrictions on reporting special measures directions etc.) Those who want to demonstrate outside parliament, or indeed in Trafalgar Square – the traditional site of public protest – must apply to the commissioner of the Metropolitan Police six days in advance, or if this is not practical then with no less than 24 hours notice. is guilty of an offence if, when the demonstration starts, authorisation for the demonstration has not been given under section 134(2). Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. may also experience some issues with your browser, such as an alert box that a script is taking a 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. Details This Code covers statutory powers of arrest under section 24 the PACE Act 1984 as amended by section 110 of the Serious Organised Crime and Police Act 2005. 200 provisions and might take some time to download. response to organised and violent crime in the 2000s. It is a defence for him to show that the failure to comply arose from circumstances beyond his control. section 73 (termination of contracting out); section 75 and Schedule 15 (provision relating to disclosure of information); paragraph 3 of Schedule 16 (authorised persons to be treated as officers of local authority). in subsection (2), after “amounts to” insert “or involves” and after “amounted to” insert “or involved”; in subsection (3), after “Subsection (1)” insert “or (1A)”. The powers available flowed from that determination. (7)No order under section 1C shall be discharged on an application under this section before the end of the period of two years beginning with the day on which the order takes effect, unless—, (a)in the case of an application under subsection (1), the Director of Public Prosecutions consents, or, (b)in the case of an application under subsection (3) or (4), the offender consents.”, (5)In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions), in subsection (2), after paragraph (fa) insert—. A constable in uniform may, in Scotland, arrest without warrant any person he reasonably suspects is committing or has committed an offence under section 129. Harassment intended to deter lawful activities, In section 1 (prohibition of harassment)—, A person must not pursue a course of conduct —, which involves harassment of two or more persons, and, which he knows or ought to know involves harassment of those persons, and, by which he intends to persuade any person (whether or not one of those mentioned above)—, not to do something that he is entitled or required to do, or. A person commits an offence if he enters, or is on, any designated Scottish site without lawful authority. This section applies where there is an actual or apprehended breach of section 1(1A) by any person (“the relevant person”). (2) Schedule 1 makes provision about the constitution, members and staff of SOCA and other matters relating to it. The order may provide that the arrangements may authorise the exercise of the function—. A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both. Section 47 of that Act (restrictions on reporting special measures directions etc.) (2) An offence under section 128 is to be treated as an arrestable offence for the purposes of the Police and Criminal Evidence ... at the end add “or of section 137(1) of the Serious Organised Crime and Police Act 2005”. (ii)is likely to result in the harassment of, or to cause alarm or distress to, any such person. (a)an application is made for an anti-social behaviour order; (b)an application is made for an order under section 1B; (c)a request is made by the prosecution for an order under section 1C; or. If he does so, he must also send written notice of his application to the Director of Public Prosecutions. The 1997 Protection from Harassment Act, amended by the 2005 Serious Organised Crime and Police Act, creates an offence of trying “to persuade any person … not to do something that he is entitled or required to do” or “to do something that he is not under any obligation to do”, if in so doing you are deemed to be harassing him (1). 18)) (access to open country), and. Serious Organised Crime and Police Bill Schedule 5 — Persons specified for the purposes of section 82 Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. (a)that person is present outside or in the vicinity of any premises 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—, (i)that he should not do something that he is entitled or required to do; or. 5.1 For offences in England (and Wales), section 24 of the Police and Criminal Evidence Act (PACE) 1984 (as amended by section 110 of the Serious Organised Crime and Police Act 2005) applies. (b)does so for the purpose described in subsection (1)(b). (4)A relevant authority may also apply to the court which made an order under section 1C for it to be varied or discharged if it appears to it that—. Establishes the Serious Organised Crime Agency and designates its functions. (b)sending it by post by recorded delivery to such a police station. An act establishing the Serious Organised Crime Agency and restricting the right to demonstrate in central London. 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. applies, with any necessary modifications, in relation to—, a direction under section 19 of the Act as applied by this section, or. (in a paragraph (b) case) that the divergence from the particulars. (a)a local authority within the meaning of section 270 of the Local Government Act 1972; (b)the Common Council of the City of London; (c)the Council of the Isles of Scilly.”. In section 1C (orders about anti-social behaviour on conviction in criminal proceedings)—. (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 varied by a direction under this section is guilty of an offence. The area may be specified by description, by reference to a map or in any other way. references to any person organising a demonstration include a person participating in its organisation. Hello fellow Wikipedians, I have just added archive links to one external link on Serious Organised Crime and Police Act 2005. For the purposes of subsection (7), any reference in the provisions specified in paragraphs (a) to (d) to a person authorised to exercise a function must be construed as a reference to a person with whom an arrangement is made for the exercise of the function in pursuance of an order under this section. A constable in uniform may arrest without warrant anyone he reasonably believes is committing an offence mentioned in subsections (1) to (4). (4)In section 3(1) (civil remedy) for “section 1” substitute “section 1(1)”. Any person to whom a constable has given a direction including a requirement under subsection (4)(b) commits an offence if he—, returns to the vicinity of the premises in question within the period specified in the direction beginning with the date on which the direction is given; and. (1)An offender subject to an order under section 1C may apply to the court which made it for it to be varied or discharged. if the demonstration is to be carried on by more than one person, by any of the persons organising it. (b)a direction discharging or varying such a direction, and sections 49 and 51 of that Act (offences) apply accordingly.”. This note sets out the procedures to be followed in all cases in which a specified prosecutor is considering making a formal agreement: 1. Authorisation of demonstrations in designated area. the place where the demonstration may, or may not, be carried on. Section 1D (interim orders) is amended as provided in subsections (6) to (9). 1.1 This guidance note informs police officers of a new criminal offence of trespass on protected sites which comes into effect for sixteen Royal, governmental and parliamentary sites on 1 June 2007. (b)in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland. (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 137(1) of the Serious Organised Crime and Police Act 2005”. (4)The conditions may, in particular, impose requirements as to—. The Whole Act you have selected contains over 200 provisions and might take some time to download. subject to such modifications as may be so provided. and sections 49 and 51 of that Act (offences) apply accordingly. Subsection (1) does not apply to the operation of a loudspeaker—. (b)to vary any condition imposed under that subsection or under paragraph (a) (including such a condition as varied under subsection (2)). the number of persons who may take part in it. references to any person or persons taking part in a demonstration (except in subsection (1) of this section) include a person carrying on a demonstration by himself. (1)The Secretary of State may by order specify an area as the designated area for the purposes of sections 132 to 137. ““child” and “young person” shall have the same meaning as in the Children and Young Persons Act 1933;”. (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. (1)The Protection from Harassment Act 1997 (c. 40) is amended as follows. section 1CA applies for the purposes of the variation or discharge of an order under this section as it applies for the purposes of the variation or discharge of an order under section 1C. Published in the Guardian 22nd February 2005 It was the greatest legal victory against corporate power in living memory. 200 provisions and might take some time to download. If, in relation to any such proceedings, the court does exercise its power to give a direction under section 45 of the Youth Justice and Criminal Evidence Act 1999, it shall give its reasons for doing so. (a)that the power of the relevant authority to make the arrangements is subject to such conditions as are specified in the order; (b)that the arrangements must be subject to such conditions as are so specified; (c)that the arrangements may be made subject to such other conditions as the relevant authority thinks appropriate. (b)if it is to be carried on by a person by himself, by that person. (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 steps being taken, or. 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. without Not to prosecute an offender (an immunity not… 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 fine not exceeding level 5 on the standard scale, together with. in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland. 20 (Construction and Use) Regulations 1986 (S.I. (1) There shall be a body corporate to be known as the Serious Organised Crime Agency (“SOCA”). (b)any person who is or may be a person falling within section 1(1A)(c). a local authority within the meaning of section 270 of the Local Government Act 1972; the Common Council of the City of London; In subsection (1) of section 1A of that Act (definition of relevant authority) (as re-numbered by section 139(3) of this Act) for “and 1E” substitute “, 1E and 1F”. (b)a person acting on behalf of such a person. The conditions may, in particular, impose requirements as to—. regulations 54, 57, 104 and 110 of the Road Vehicles . (1)This section applies where there is an actual or apprehended breach of section 1(1A) by any person (“the relevant person”). This subsection ceases to have effect on the commencement of section 110. If subsection (1) does not apply by virtue of subsection (3) or (4), nothing in sections 133 to 136 applies either. (6)Any arrangements made by a relevant authority in pursuance of an order under this section do not prevent the relevant authority from exercising the function to which the arrangements relate. (5)A constable in uniform may arrest without warrant anyone he reasonably believes is committing an offence mentioned in subsections (1) to (4). (b)hindrance to the proper operation of Parliament. (c)references to any person organising a demonstration include a person participating in its organisation. A person falls within this subsection if he is—, a person in the resident’s dwelling, or. In proceedings for an offence under subsection (10), a copy of the original anti-social behaviour order, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings. Creates a new offence of trespassing on a designated site. 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. There is a link to this page from the page on “Chequers” with specific mention of section 128 so I am surprised it is not mentioned here. Act you have selected contains over Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. Law enforcement in … (5)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both. (2)In section 1 (prohibition of harassment)—, “(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 of those persons, and, (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. (3)The order may provide that the arrangements may authorise the exercise of the function—. 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. Any arrangements made by a relevant authority in pursuance of an order under this section do not prevent the relevant authority from exercising the function to which the arrangements relate. Relevant authorities and any person with whom arrangements are made in pursuance of an order under this section must have regard to any guidance issued by the Secretary of State for the purposes of this section. See also. (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. (b)such transitional provisions or savings. (1)The Crime and Disorder Act 1998 (c. 37) is amended as follows. (7)In section 7 (interpretation of sections 1 to 5)—, “(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, (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, “(5)References to a person, in the context of the harassment of a person, are references to a person who is an individual.”, (1)After section 42 of the Criminal Justice and Police Act 2001 (c. 16) insert—. (3)In section 114(3) of that Act (orders and regulations) after “section” insert “1F,”. an application is made for an anti-social behaviour order; an application is made for an order under section 1B; a request is made by the prosecution for an order under section 1C; or. In subsection (5), at the beginning insert “In relation to cases to which this section applies by virtue of paragraph (a) or (b) of subsection (1),”. risk to the safety of members of the public (including any taking part in the demonstration). the National Assembly for Wales, if the order relates to a relevant authority in Wales; such representatives of local government as he thinks appropriate; such other persons as he thinks appropriate. (3)A person guilty of an offence under section 134(7) or 135(3) is liable on summary conviction—. Under section 71 of SOCPA, an offender may be offered immunity from prosecution.