The tough measures, announced by the Tory Government in February, were written into proposed legislation.
But there are fears the threemonth sentence and fine could be lowered or dropped altogether, after civil servants proposed scrapping the idea.
It is understood Whitehall officials recommended the move to create a specific offence for the behaviour should be ditched, arguing that it is covered in other laws. But Home Office sources say ministers are fighting to keep the sanction and are determined it will feature in new crime legislation.
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