Protection of Freedoms Act 2012

Official Summary

To provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to provide for a maximum detention period of 14 days for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to amend the Safeguarding Vulnerable Groups Act 2006; to make provision about criminal records; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to repeal certain enactments; and for connected purposes.

Summary powered by AnyModel

Overview

The Protection of Freedoms Bill aims to enhance protections against stalking while also clarifying and refining the circumstances under which powers of entry can be used by authorities.

Description

This bill makes significant changes to UK law regarding stalking and powers of entry. Regarding stalking, it introduces two new offenses:

Stalking: This creates a specific offense of stalking, defining it as a course of conduct amounting to harassment, associated with stalking behaviors (e.g., following, contacting, online monitoring), and where the perpetrator knows or ought to know it's harassment.
Stalking Involving Fear of Violence: This offense addresses stalking that causes the victim to fear violence on at least two occasions. The perpetrator must know or ought to know their actions will cause this fear.

The bill also amends existing legislation (Protection from Harassment Act 1997, Crime and Disorder Act 1998, Criminal Justice and Police Act 2001, Sexual Offences Act 2003, and Criminal Justice Act 2003) to incorporate these new stalking offenses and clarifies the situations where they are applicable. The amendments also include the addition of "serious alarm or distress" as a key element in the definitions of stalking offences.

Concerning powers of entry, the bill includes safeguards to ensure that these are exercised responsibly. Generally, powers of entry must be by agreement with the occupier or by warrant, unless explicitly stated otherwise in the relevant legislation. Exceptions are made for Trading Standards Officers, police constables, members of the Security Services, and for child or vulnerable adult protection. The House of Commons disagreed with amendments that would have imposed broader restrictions on powers of entry.

Government Spending

The bill does not contain specific figures for government spending. The impact on government spending is likely to be indirect and related to the increased enforcement costs associated with the new stalking offences and potentially increased support services for victims.

Groups Affected

This bill impacts several groups:

Victims of stalking: This bill provides them with enhanced legal protection and clearer definitions of stalking, making prosecution easier.
Perpetrators of stalking: They face the risk of prosecution under the new stricter laws.
Law enforcement agencies (police, Trading Standards): They will be responsible for enforcing the new laws regarding stalking and using powers of entry under updated guidelines.
Property owners and occupiers: Their rights regarding powers of entry are clarified and are impacted by the limitations added to the use of such powers.
The Judiciary: They will be responsible for interpreting and applying the new laws in court cases.

Full Text

DISCLAIMER: AI technology is not 100% accurate and summaries may contain errors, use at your own risk. Munro Research holds the copyright for all summaries found this website. Reproduction for non-commercial purposes is permitted but must be displayed alongside a link to this website. Contact info@munro-research to license commercially.