Clause 140 — Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions
Police Reform and Social Responsibility Bill
2:45 pm
Nigel Evans (Deputy Speaker; Ribble Valley, Conservative)
With this it will be convenient to discuss the following:
Amendment 163, page 94, line 32, leave out clause 141.
Amendment 164, page 95, line 7, leave out clause 142.
Amendment 171, page 95, line 7, leave out clause 142 and insert—
‘142 Injunctions to prevent a prohibited activity in controlled area of Parliament Square
(1) The High Court may grant an injunction against a person under this section if—
(a) it is satisfied beyond reasonable doubt that the respondent has engaged in, or is about to engage in, a prohibited activity; and
(b) the injunction is necessary to stop the person doing a prohibited activity or from starting a prohibited activity.
(2) For the purposes of this part, a “prohibited activity”; is an activity—
(a) which may result in serious public disorder or serious damage to property; or
(b) where the purpose of the activity is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do.
(3) A person who fails without reasonable excuse to comply with a prohibition in an injunction order under section 143(1) is in breach of the injunction.’.
Amendment 176, in clause 142, page 95, line 8, leave out ‘constable’ and insert ‘senior police officer’.
Amendment 185, page 95, line 8, leave out ‘or authorised officer’.
Amendment 177, page 95, line 12, at end insert—
‘(1A) In subsection (1) a “senior police officer” means the most senior in the rank of police officers present at the scene.’.
Amendment 195, page 96, line 12, leave out ‘5’ and insert ‘3’.
Amendment 165, page 96, line 13, leave out clause 143.
Amendment 172, page 96, line 13, leave out clause 143 and insert—
‘143 Injunctions under section 142: content and duration
(1) A condition included in an injunction ordered by the High Court under section 142(1) may prohibit the person from—
(a) being in the controlled area of Parliament Square for the purpose of undertaking a prohibited activity; or
(b) entering the controlled area of Parliament Square for the purpose of undertaking a prohibited activity.
(2) An injunction prohibiting a person from being in or entering the controlled area of Parliament Square continues in force until—
(a) the end of such period on which the injunction is made as may be specified by the court making the injunction; or
(b) if no period is specified, the end of the period of seven days beginning with the day on which the injunction is made.
(3) A period specified under subsection (2)(a) may not be longer than seven days.’.
Amendment 178, in clause 143, page 96, line 20, leave out ‘constable’ and insert ‘senior police officer’.
Amendment 193, page 96, line 22, leave out ‘90 days’ and insert ‘seven days’.
Amendment 194, page 96, line 24, leave out ‘90 days’ and insert ‘seven days’.
Amendment 186, page 96, line 20, leave out ‘or authorised officer’.
Amendment 179, page 96, line 26, leave out ‘constable’ and insert ‘senior police officer’.
Amendment 187, page 96, line 26, leave out ‘or authorised officer’.
Amendment 166, page 96, line 40, leave out clause 144.
Amendment 173, page 96, line 40, leave out clause 144 and insert—
‘144 Applications for injunctions under section 142
(1) An application for an injunction under section 142 may be made by the Commissioner of Police of the Metropolis to the High Court.
(2) Notice of any application under subsection (1) must be served on the respondent in accordance with the rules of the court.
(3) The court must give the respondent an opportunity to make representations in proceedings before it about the making of an injunction.’.
Amendment 180, in clause 144, page 96, line 41, leave out ‘constable’ and insert ‘senior police officer’.
Amendment 188, page 96, line 41, leave out ‘or authorised officer’.
Amendment 181, page 96, line 43, leave out ‘constable’ and insert ‘senior police officer’.
Amendment 189, page 96, line 43, leave out ‘or officer’.
Amendment 182, page 97, line 1, leave out ‘constable’ and insert ‘senior police officer’.
Government amendment 57.
Amendment 183, page 97, line 6, leave out ‘constable’ and insert ‘senior police officer’.
Amendment 190, page 97, line 6, leave out ‘or authorised officer’.
Government amendment 58.
Amendment 184, page 97, line 7, leave out ‘constable’ and insert ‘senior police officer’.
Amendment 167, page 97, line 28, leave out clause 145.
Amendment 174, page 97, line 28, leave out clause 145 and insert—
‘145 Breach of injunction
(1) The court may impose a fine not exceeding level 3 on the standard scale where—
(a) an injunction under section 142 is granted against a person, and
(b) on an application made by the Commissioner of Police of the Metropolis, the court is satisfied beyond reasonable doubt that the person is in breach of the injunction without reasonable excuse.
(2) For the avoidance of doubt, subsection (1) grants the only powers available to the court where it finds that an injunction under section 142 has been breached.’.
Amendment 196, page 97, line 28, leave out clause 145 and insert—
‘145 Power of court on conviction
(1) The court may, following the conviction of a person under section 141, make an order requiring the person not to enter the controlled area of Parliament Square for such period as may be specified in the order which may not exceed seven days.
(2) Power of the court to make an order under this section is in addition to the court’s power to impose a fine under section 142(8).’.
Amendment 168, page 98, line 1, leave out clause 146.
Amendment 175, page 98, line 1, leave out clause 146 and insert—
‘146 Discharge of injunction
(1) The court may discharge an injunction if an application to discharge the injunction is made.
(2) An application to discharge the injunction may be made by
(a) Commissioner of Police of the Metropolis who applied for the injunction; or
(b) the respondent.
(3) Before applying for the discharge of an injunction, the applicant mentioned in subsection (2) must notify the other.’.
Amendment 191, in clause 147, page 98, line 34, leave out ‘authorised officer and’.
Amendment 169, page 98, line 34, leave out clause 147.
Amendment 170, page 99, line 4, leave out clause 148.