Moved by
Baroness Williams of Trafford
319A: After Clause 61, insert the following new Clause—
“Offence of locking on
(1) A person commits an offence if—
(a) they intentionally—
(i) attach themselves to another person, to an object or to land,
(ii) attach a person to another person, to an object or to land, or
(iii) attach an object to another object or to land,
(b) that act causes, or is capable of causing, serious disruption to—
(i) two or more individuals, or
(ii) an organisation,
in a place other than in a dwelling, and
(c) they intend that act to have a consequence mentioned in paragraph (b) or are reckless as to whether it will have such a consequence.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the act mentioned in paragraph (a) of that subsection.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.
(4) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.
(5) In this section “dwelling” means—
(a) a building or structure which is used as a dwelling, or
(b) a part of a building or structure, if the part is used as a dwelling,
and includes any yard, garden, grounds, garage or outhouse belonging to and used with a dwelling.”
Member’s explanatory statement
This amendment creates a new offence of “locking on”, involving the attachment of an individual to another individual, to an object or to land, or an object to another object or to land. It is a requirement of the offence that the act causes or is capable of causing serious disruption to two or more individuals or an organisation and that the accused intends that to occur or is reckless as to whether it will occur.