The Act
Offences relating to safe access zones
Section 5: Offence of influencing, preventing access or causing harassment etc. in area visible or audible from safe access zone
18.This section applies to a person who is in an area (referred to in the Act as the “relevant area”) that does not form part of the safe access zone for the protected premises but is situated between the protected premises and the boundary of the safe access zone. The relevant area may be an indoor area or a wholly enclosed structure within the safe access zone (for example, a residential building) or a private outdoor area (for example, a private garden). It does not form part of the safe access zone because it is not a public area (within the meaning of section 2(7)).
19.This section makes it an offence for a person in a relevant area to act in the same way as described in section 4(1) if that act is capable of being seen or heard by another person who is within the safe access zone (for example, the actions of a person inside their residential flat that are visible through the windows to another person who is standing in the safe access zone). By contrast, the offence in section 4(1) only applies to the actions of a person who is in the safe access zone for protected premises.
20.The accused and the affected person do not need to be in the safe access zone at the same time. Subsection (3) provides that where a person does an act that has a continuing effect, it does not matter if the other person affected was not in the safe access zone at the time the act was carried out. For example, if a person who lives in a building in the area within the boundary of the safe access zone displays an anti-abortion sign in the window of their building with the intention of influencing another person’s decision to access abortion services at the nearby protected premises and leaves that sign on display, an offence could be committed if an affected person sees or could have seen the sign at any time. It is not necessary for the affected person to be present at the time the accused affixes the sign to the window.
21.A person who commits an offence is liable to (on summary conviction) a fine not exceeding the statutory maximum (being £10,000 on the date of introduction of the Bill for the Act), or (on conviction on indictment) to an unlimited fine.
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