Clause 10

by deleting subsection (1) and substituting the following subsection:“(1) This section applies where an individual or entity (called in this section the offender) is convicted of any of the following offences relating to a victim who is a vulnerable person and the enhanced penalty under section 8 does not apply to that conviction:

an offence under section 3, 4, 5 or 7 that is committed on or after the date of commencement of section 10 of the Protection from Harassment (Amendment) Act 2019 against such a victim; or (b)an offence under section 10 that is committed on or after the date of commencement of section 10 of the Protection from Harassment (Amendment) Act 2019 for failure to comply with an order given in respect of such a victim of a contravention of section 3, 4, 5 or 7.”;

by deleting the words “one and a half times” in subsection (2) and substituting the word “twice”;

by deleting the words “vulnerable adult” in subsection (2) and substituting the words “vulnerable person”;

by inserting, immediately after subsection (2), the following subsection:“(2A) This section does not apply where the offender proves that despite being a vulnerable person, the victim was capable of protecting himself from the offender in respect of the harm caused by the offence in the same manner as an ordinary person who is not a vulnerable person.”;

by deleting subsection (3) and substituting the following subsection:“(3) In this section —“abuse” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018 (Act 27 of 2018);“harm” means —

any physical harm;

harassment, alarm or distress; or

being caused to believe that unlawful violence will be used against the victim;“neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;“self-neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;“vulnerable person” means an individual who is, by reason of mental or physical infirmity, disability or incapacity, substantially unable to protect himself from abuse, neglect or self‑neglect.”; and

by deleting the words “vulnerable adult” in the section heading and substituting the words “vulnerable person”.