Moved by

Baroness Royall of Blaisdon

330A: Clause 97, page 122, line 31, at end insert—

“(b) in subsection (1) at the beginning insert “Subsection to subsection (1A),”;

(c) after subsection (1), insert—

“(1A) The court may only make a stalking protection order against a defendant if conditions A and B are met—

(a) condition A...

Moved by

Baroness Royall of Blaisdon

330A: Clause 97, page 122, line 31, at end insert—

“(b) in subsection (1) at the beginning insert “Subsection to subsection (1A),”;

(c) after subsection (1), insert—

“(1A) The court may only make a stalking protection order against a defendant if conditions A and B are met—

(a) condition A...

I understand that point of not wanting it to go into primary legislation, but given the way in which it is possible to use the online world to find all sorts of ways that circumvent the conventional ways in which one would try to intimidate someone, could one not have...

I understand that point of not wanting it to go into primary legislation, but given the way in which it is possible to use the online world to find all sorts of ways that circumvent the conventional ways in which one would try to intimidate someone, could one not have...

I am grateful for that intervention, and I will certainly discuss those suggestions and points with colleagues from the police. The current statutory guidance for police on SPOs includes a non-exhaustive list of suggested conditions, many of which could align with Amendment 330AZA. For example, the guidance could include prohibitions...

I am grateful for that intervention, and I will certainly discuss those suggestions and points with colleagues from the police. The current statutory guidance for police on SPOs includes a non-exhaustive list of suggested conditions, many of which could align with Amendment 330AZA. For example, the guidance could include prohibitions...

I am sure my noble friend is correct that it is, or should be, covered in guidance, but patently the judge looking at the case that I mentioned was not aware of this and said the fact that the victim had been contacted via LinkedIn was not something he could...

I am sure my noble friend is correct that it is, or should be, covered in guidance, but patently the judge looking at the case that I mentioned was not aware of this and said the fact that the victim had been contacted via LinkedIn was not something he could...

I am grateful again to my noble friend for referring to the LinkedIn experience. My assessment, having discussed this with officials and with my colleague Ministers, is that the statutory guidance for police includes prohibitions on contacting the victim by any means, including social media. If my noble friend will...

I am grateful again to my noble friend for referring to the LinkedIn experience. My assessment, having discussed this with officials and with my colleague Ministers, is that the statutory guidance for police includes prohibitions on contacting the victim by any means, including social media. If my noble friend will...

I think the key question is why it is acceptable that there are different rules for “may” and “must” between this and domestic abuse protection orders.

I think the key question is why it is acceptable that there are different rules for “may” and “must” between this and domestic abuse protection orders.

If the noble Baroness will allow me, we have agreed that we will take Amendment 330C away and have a look at it. That is not a guarantee that we will do something with it, but it is an opportunity to reflect on it. She can examine what, if anything,...

If the noble Baroness will allow me, we have agreed that we will take Amendment 330C away and have a look at it. That is not a guarantee that we will do something with it, but it is an opportunity to reflect on it. She can examine what, if anything,...

I am grateful to my noble friend for his positive response to so many of the amendments and I look forward to further discussions. I am sure that if any noble Lord who has participated in this debate can be of assistance in those discussions, we will be happy to...

I am grateful to my noble friend for his positive response to so many of the amendments and I look forward to further discussions. I am sure that if any noble Lord who has participated in this debate can be of assistance in those discussions, we will be happy to...

My Lords, Amendment 334A is in my name and that of the noble Baroness, Lady Blower. I am grateful to Southall Black Sisters for the detailed evidence it has provided. On Wednesday we are going to cover broader issues around codes of honour and the deployment of these as a...

My Lords, Amendment 334A is in my name and that of the noble Baroness, Lady Blower. I am grateful to Southall Black Sisters for the detailed evidence it has provided. On Wednesday we are going to cover broader issues around codes of honour and the deployment of these as a...

My Lords, I follow my noble friend Lady Doocey in this small but perfectly formed group of amendments. My Amendment 335 would mandate a statutory consultation on the guidance to accompany the new encouraging or assisting serious self-harm offences contained in Clauses 102 and 103.

On these Benches we welcome the...

My Lords, I follow my noble friend Lady Doocey in this small but perfectly formed group of amendments. My Amendment 335 would mandate a statutory consultation on the guidance to accompany the new encouraging or assisting serious self-harm offences contained in Clauses 102 and 103.

On these Benches we welcome the...

My Lords, I fully appreciate the general principle behind these proposals. This is an incredibly serious subject, and I appreciate the sincerity with which the noble Baronesses have approached the debate.

On the amendment in the name of the noble Baronesses, Lady Doocey and Lady Blower, everyone wants to reach a...

My Lords, I fully appreciate the general principle behind these proposals. This is an incredibly serious subject, and I appreciate the sincerity with which the noble Baronesses have approached the debate.

On the amendment in the name of the noble Baronesses, Lady Doocey and Lady Blower, everyone wants to reach a...

My Lords, I thank the noble Baroness, Lady Doocey, and the noble Lord, Lord Clement-Jones, for tabling Amendments 334A and 335 respectively.

I am aware of the cases that have motivated the desire to have an amendment such as Amendment 334A, and I completely understand; the stories that the noble Baroness...

My Lords, I thank the noble Baroness, Lady Doocey, and the noble Lord, Lord Clement-Jones, for tabling Amendments 334A and 335 respectively.

I am aware of the cases that have motivated the desire to have an amendment such as Amendment 334A, and I completely understand; the stories that the noble Baroness...

I thank the Minister, who has carefully taken us through three limbs, as far as I tell: first, there will be CPS guidance in terms of the specific offence, in the way that it decides whether or not to prosecute; secondly, the way that the offence itself has been drafted;...

I thank the Minister, who has carefully taken us through three limbs, as far as I tell: first, there will be CPS guidance in terms of the specific offence, in the way that it decides whether or not to prosecute; secondly, the way that the offence itself has been drafted;...

Moved by

Lord Hanson of Flint

330AZB: Clause 97, page 124, line 14, at end insert—

“(za) in subsection (1)(a) after “order” insert “by a magistrates’ court, a youth court or the Crown Court””

Member’s explanatory statement

This amendment clarifies the cases in which an appeal against the making of a stalking protection order can...

Moved by

Lord Hanson of Flint

330AZB: Clause 97, page 124, line 14, at end insert—

“(za) in subsection (1)(a) after “order” insert “by a magistrates’ court, a youth court or the Crown Court””

Member’s explanatory statement

This amendment clarifies the cases in which an appeal against the making of a stalking protection order can...

Moved by

Lord Hanson of Flint

330AC: Clause 98, page 127, line 20, leave out from “by” to “a” in line 23

Member’s explanatory statement

This amendment to inserted section 364D of the Sentencing Code, together with my amendment to clause 98, page 127, line 35, provides for applications to vary, renew or discharge...

Moved by

Lord Hanson of Flint

330AC: Clause 98, page 127, line 20, leave out from “by” to “a” in line 23

Member’s explanatory statement

This amendment to inserted section 364D of the Sentencing Code, together with my amendment to clause 98, page 127, line 35, provides for applications to vary, renew or discharge...

Moved by

Lord Hanson of Flint

330BA: After Clause 98, insert the following new Clause—

“Stalking protection orders: Northern Ireland

(1) The Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)) is amended as follows.

(2) In section 6 (meaning of act associated with stalking and risk associated with stalking), in subsection (1) for...

Moved by

Lord Hanson of Flint

330BA: After Clause 98, insert the following new Clause—

“Stalking protection orders: Northern Ireland

(1) The Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)) is amended as follows.

(2) In section 6 (meaning of act associated with stalking and risk associated with stalking), in subsection (1) for...

Moved by

Lord Hanson of Flint

330D: After Clause 100, insert the following new Clause—

“Guidance about disclosure of information by police: Northern Ireland

In the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)), in section 17—

(a) in subsection (2) for “this section” substitute “subsection (1)”;

(b) after subsection (2) insert—

“(2A) The Department...

Moved by

Lord Hanson of Flint

330D: After Clause 100, insert the following new Clause—

“Guidance about disclosure of information by police: Northern Ireland

In the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)), in section 17—

(a) in subsection (2) for “this section” substitute “subsection (1)”;

(b) after subsection (2) insert—

“(2A) The Department...

Moved by

Baroness Doocey

334A: Clause 102, page 133, line 2, at end insert—

“(6) In determining the sentence for an offence under this section—

(a) where the encouragement or assistance of self-harm is preceded by a history of domestic or “honour”-based abuse committed against the victim or other person by D, the court...

Moved by

Baroness Doocey

334A: Clause 102, page 133, line 2, at end insert—

“(6) In determining the sentence for an offence under this section—

(a) where the encouragement or assistance of self-harm is preceded by a history of domestic or “honour”-based abuse committed against the victim or other person by D, the court...

I am grateful to the noble Lord. As far as the first of the three protections is concerned, obviously I cannot bind the Crown Prosecution Service—the whole point about it is that it is independent of government. However, based on my own experiences, where there are areas of the law...

I am grateful to the noble Lord. As far as the first of the three protections is concerned, obviously I cannot bind the Crown Prosecution Service—the whole point about it is that it is independent of government. However, based on my own experiences, where there are areas of the law...

My Lords, I thank the Minister for her response. I am not a lawyer and certainly do not understand the law, even vaguely, but I really do not understand this. If what I am asking for is not necessary—I totally accept what the Minister has said—how come we have three...

My Lords, I thank the Minister for her response. I am not a lawyer and certainly do not understand the law, even vaguely, but I really do not understand this. If what I am asking for is not necessary—I totally accept what the Minister has said—how come we have three...