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.

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Overview

The Protection of Freedoms Bill aims to enhance public safety by strengthening laws against stalking while also introducing safeguards regarding powers of entry for authorities.

Description

This bill makes significant changes to the law on stalking. It introduces two new stalking offences:

Simple Stalking: A course of conduct amounting to harassment, associated with stalking behaviours (following, contacting, online monitoring, etc.), where the perpetrator knows or should know it's harassment.
Stalking Involving Fear of Violence: A course of conduct amounting to stalking that causes another person to fear violence on at least two occasions, where the perpetrator knows or should know their actions will cause that fear. This offence includes causing serious alarm or distress with a substantial adverse effect on the victim's daily life.

The bill also amends existing legislation, including the 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 offences and enhance their application.

Concerning powers of entry, the bill proposes that unless explicitly stated otherwise in the relevant law, all powers of entry must be exercised with the occupier's agreement or a warrant. Exceptions are made for Trading Standards Officers, police constables, members of the Security Service, and situations involving child or vulnerable adult protection.

Government Spending

The bill doesn't provide specific figures for government spending. However, implementing the new laws on stalking might lead to increased costs associated with law enforcement, prosecution, and potentially support services for victims. The introduction of safeguards to powers of entry may lead to some cost increases in terms of obtaining warrants, but this cost will need to be offset by improvements in relation to public safety.

Groups Affected

The bill will affect multiple groups:

Victims of stalking: The bill provides enhanced legal protections and could lead to more successful prosecutions.
Perpetrators of stalking: They face harsher penalties under the new offenses.
Law enforcement agencies: They will be responsible for enforcing the new laws.
Courts: They will need to deal with cases under the new legislation.
Authorities with powers of entry: Their operational procedures could be affected by the new safeguards.

Full Text

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