Criminal Law Legislation Update
| DOI | 10.1350/jcla.2005.69.5.368 |
| Author | Sally Ireland |
| Published date | 01 October 2005 |
| Date | 01 October 2005 |
| Subject Matter | Article |
Criminal Law Legislation
Update*
Sally Ireland†
Serious Organised Crime and Police Act 2005
A number of statutory instruments have been made under the 2005 Act.
The Serious Organised Crime and Police Act 2005 (Commencement
No. 1, Transitional and Transitory Provisions) Order 2005 (SI 2005 No.
1521) applies to England and Wales. It has brought in a number of the
Act’s provisions as from 1 July 2005. They include inter alia:
●Section 112 (exclusion zones)
This section allows a constable to direct a person to leave a place if he
believes, on reasonable grounds, that the person is in the place at a time
when he would be prohibited from entering it by virtue of a post-
conviction order (for example, an anti-social behaviour order) or a
licence condition. The direction may be given orally. Knowingly contra-
vening such a direction is a summary offence and carries a maximum
sentence of 51 weeks and/or a fine up to level 4. Until s. 110 comes into
force (powers of arrest), a power of arrest without warrant is attached to
this offence. The section applies to orders and conditions imposed before
and after its commencement.
●Section 115 (fireworks)
This section adds to s. 1 of the Police and Criminal Evidence Act 1984
(PACE) the power to stop and search for any firework possessed in
contravention of a prohibition imposed by fireworks regulations.
●Section 119 (intimate samples)
This section amends s. 65 of PACE so as to add to the category of
‘intimate sample’ a swab taken from any part of a person’s genitals
(including pubic hair).
●Sections 125–127 (harassment)
Controversially, s. 125 amends the prohibition of harassment in s. 1 of
the Protection from Harassment Act 1997, so as to include harassment
on at least one occasion each of two or more persons, providing that the
defendant’s intention is to persuade any person by his harassment 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.
It also inserts a new s. 3A into the 1997 Act, which allows applications
for injunctions in the case of an actual or apprehended instance of the
new form of harassment, by a victim or potential victim of the harass-
ment or a person who is or may be someone who the defendant intends
through his harassment to persuade to alter his or her behaviour.
* As at 19 July 2005.
†Criminal Justice Policy Officer, JUSTICE.
368
To continue reading
Request your trial