Protection of Freedoms

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Protection of Freedoms Bill

5

Clause 58
27
Page 44, line 40, at beginning insert—

“(6ZA)
As soon as practicable after making an order under paragraph 38 of

Schedule 8, the Secretary of State must lay a copy of the order before

each House of Parliament.”
28
Page 44, line 46, at end insert—

“(6C)
Subsections (6A) and (6B) do not apply to an order under

paragraph 38 of Schedule 8 which revokes an order under that

paragraph.”
Clause 61
29
Page 46, line 24, at beginning insert “reasonably”
Clause 64
30
Page 51, line 11, at end insert—

“(2C)
The reference in subsection (2B)(b) to day to day supervision is a

reference to such day to day supervision as is reasonable in all the

circumstances for the purpose of protecting any children

concerned.””
31
Page 52, line 26, at end insert—

“(3BA)
The references in subsections (3A) and (3B)(b) to day to day

supervision are references to such day to day supervision as is

reasonable in all the circumstances for the purpose of protecting

any children concerned.”
Clause 66
32
Page 54, line 3, leave out from “nails” to end of line 4
Clause 67
33
Page 55, line 21, leave out from “person,” to end of line 23
34
Page 55, line 26, leave out from “person,” to end of line 29
35
Page 57, line 10, leave out from “person,” to end of line 12
36
Page 57, line 15, leave out from “person,” to end of line 18
Clause 77
37
Page 69, line 37, after “it” insert “a barred list or”
38
Page 69, line 38, after “a” insert “particular”
39
Page 69, line 44, after “a” insert “particular”
Clause 79
40
Page 70, line 38, at end insert—

6

“(3)
After section 120AB of the Police Act 1997 (procedure for certain

cancellations or suspensions of registration) insert—

“120AC
Registered persons: information on progress of an application

(1)
The Secretary of State must, in response to a request from a person

who is acting as the registered person in relation to an application

under section 113A or 113B, inform that person whether or not a

certificate has been issued in response to the application.

(2)
Subsections (3) and (4) apply if, at the time a request is made under

subsection (1), a certificate has been issued.

(3)
In the case of a certificate under section 113A, if it was a certificate

stating that there is no relevant matter recorded in central records,

the Secretary of State may inform the person who made the request

that the certificate was such a certificate.

(4)
In the case of a certificate under section 113B, if it was a certificate—

(a)
stating that there is no relevant matter recorded in central

records and no information provided in accordance with

subsection (4) of that section, and

(b)
if section 113BA(1) or 113BB(1) applies to the certificate,

containing no suitability information indicating that the

person to whom the certificate is issued—

(i)
is barred from regulated activity relating to children

or to vulnerable adults, or

(ii)
is subject to a direction under 128 of the Education

and Skills Act 2008 or section 167A of the Education

Act 2002,


the Secretary of State may inform the person who made the request

that the certificate was such a certificate.

(5)
If no certificate has been issued, the Secretary of State must inform

the person who made the request of such other matters relating to

the processing of the application as the Secretary of State considers

appropriate.

(6)
Subject to subsections (2) to (4), nothing in this section permits the

Secretary of State to inform a person who is acting as the registered

person in relation to an application under section 113A or 113B of

the content of any certificate issued in response to the application.

(7)
The Secretary of State may refuse a request under subsection (1) if

it is made after the end of a prescribed period beginning with the

day on which the certificate was issued.

(8)
In this section—

“central records” and “relevant matter” have the same

meaning as in section 113A,

“suitability information” means information required to be

included in a certificate under section 113B by virtue of

section 113BA or 113BB.

(9)
Expressions in subsection (4)(b) and in the Safeguarding

Vulnerable Groups Act 2006 have the same meaning in that

paragraph as in that Act.

7

120AD
Registered persons: copies of certificates in certain

circumsatnces

(1)
Subsection (2) applies if—

(a)
the Secretary of State gives up-date information in relation

to a criminal record certificate or enhanced criminal record

certificate,

(b)
the up-date information is advice to apply for a new

certificate or (as the case may be) request another person to

apply for such a certificate, and

(c)
the person whose certificate it is in respect of which the up-

date information is given applies for a new criminal record

certificate or (as the case may be) enhanced criminal record

certificate.

(2)
The Secretary of State must, in response to a request made within

the prescribed period by the person who is acting as the registered

person in relation to the application, send to that person a copy of

any certificate issued in response to the application if the registered

person—

(a)
has counter-signed the application or transmitted it to the

Secretary of State under section 113A(2A) or 113B(2A),

(b)
has informed the Secretary of State that the applicant for the

new certificate has not, within such period as may be

prescribed, sent a copy of it to a person of such description

as may be prescribed, and

(c)
no prescribed circumstances apply.

(3)
The power under subsection (2)(b) to prescribe a description of

person may be exercised to describe the registered person or any

other person.

(4)
In this section “up-date information” has the same meaning as in

section 116A.””
After Clause 80
41
Insert the following new Clause—

“Additional grounds for refusing an application to be registered

After subsection (3) of section 120AA of the Police Act 1997 (refusal, etc. of

registration on grounds not related to disclosure) insert—

“(4)
Subsection (6) applies if an application is made under section 120 by

an individual who—

(a)
has previously been a registered person; and

(b)
has been removed from the register (otherwise than at that

individual’s own request).

(5)
Subsection (6) also applies if an application is made under section

120 by a body corporate or unincorporate which—

(a)
has previously been a registered person; and

(b)
has been removed from the register (otherwise than at its

own request).

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(6)
The Secretary of State may refuse the application.””
Clause 81
42
Page 71, line 36, after “application” insert “in writing”
43
Page 72, line 2, after “apply” insert “in writing”
Clause 82
44
Page 73, line 8, leave out “or B” and insert “, B or C”
45
Page 73, line 8, at end insert “and the arrangements have not ceased to have effect

in accordance with a notice given under section 118(3B).”
46
Page 73, line 30, at end insert—

“( )
Condition C is that—

(a)
the certificate was issued under section 117(2) or 117A(5)(b),

and

(b)
the certificate which it superseded—

(i)
was subject to up-date arrangements immediately

before it was superseded, and

(ii)
would still be subject to those arrangements had it

not been superseded.”
47
Page 74, line 13, at end insert—

“(7A)
If up-date information is given under subsection (7)(a)(i), (7)(b)(i) or

(7)(c)(i) and the certificate to which that information relates is one

to which subsection (7B) applies, the up-date information must

include that fact.

(7B)
This subsection applies to a certificate which—

(a)
in the case of a criminal conviction certificate, states that

there are no convictions or conditional cautions of the

applicant recorded in central records,

(b)
in the case of a criminal record certificate, is as described in

section 120AC(3), and

(c)
in the case of an enhanced criminal record certificate, is as

described in section 120AC(4).”
Before Clause 84
48
Insert the following new Clause—

“Inclusion of cautions etc. in national police records

After subsection (4) of section 27 of the Police and Criminal Evidence Act

1984 (recordable offences) insert—

“(4A)
In subsection (4) “conviction” includes—

(a)
a caution within the meaning of Part 5 of the Police Act 1997;

and

(b)
a reprimand or warning given under section 65 of the Crime

and Disorder Act 1998.””

9

Before Clause 107
49
Insert the following new Clause—

“Trafficking people for exploitation

Trafficking people for sexual exploitation

(1)
The Sexual Offences Act 2003 is amended as follows.

(2)
For sections 57 to 59 (trafficking people for sexual exploitation) substitute—

“59A
Trafficking people for sexual exploitation

(1)
A person (“A”) commits an offence if A intentionally arranges or

facilitates—

(a)
the arrival in, or entry into, the United Kingdom or another

country of another person (“B”),

(b)
the travel of B within the United Kingdom or another

country, or

(c)
the departure of B from the United Kingdom or another

country,


with a view to the sexual exploitation of B.

(2)
For the purposes of subsection (1)(a) and (c) A’s arranging or

facilitating is with a view to the sexual exploitation of B if, and only

if—

(a)
A intends to do anything to or in respect of B, after B’s

arrival, entry or (as the case may be) departure but in any

part of the world, which if done will involve the commission

of a relevant offence, or

(b)
A believes that another person is likely to do something to

or in respect of B, after B’s arrival, entry or (as the case may

be) departure but in any part of the world, which if done

will involve the commission of a relevant offence.

(3)
For the purposes of subsection (1)(b) A’s arranging or facilitating is

with a view to the sexual exploitation of B if, and only if—

(a)
A intends to do anything to or in respect of B, during or after

the journey and in any part of the world, which if done will

involve the commission of a relevant offence, or

(b)
A believes that another person is likely to do something to

or in respect of B, during or after the journey and in any part

of the world, which if done will involve the commission of

a relevant offence.

(4)
A person who is a UK national commits an offence under this

section regardless of—

(a)
where the arranging or facilitating takes place, or

(b)
which country is the country of arrival, entry, travel or (as

the case may be) departure.

(5)
A person who is not a UK national commits an offence under this

section if—

(a)
any part of the arranging or facilitating takes place in the

United Kingdom, or

10

(b)
the United Kingdom is the country of arrival, entry, travel

or (as the case may be) departure.

(6)
A person guilty of an offence under this section is liable—

(a)
on summary conviction, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory

maximum or both;

(b)
on conviction on indictment, to imprisonment for a term not

exceeding 14 years.

(7)
In relation to an offence committed before the commencement of

section 154(1) of the Criminal Justice Act 2003, the reference in

subsection (6)(a) to 12 months is to be read as a reference to 6

months.”

(3)
For subsection (1) of section 60 (sections 57 to 59: interpretation)

substitute—

“(1)
In section 59A—

“country” includes any territory or other part of the world;

“relevant offence” means—

(a)
any offence under the law of England and Wales

which is an offence under this Part or under section

1(1)(a) of the Protection of Children Act 1978, or

(b)
anything done outside England and Wales which is

not an offence within paragraph (a) but would be if

done in England and Wales;

“UK national” means—

(a)
a British citizen,

(b)
a person who is a British subject by virtue of Part 4

of the British Nationality Act 1981 and who has the

right of abode in the United Kingdom, or

(c)
a person who is a British overseas territories citizen

by virtue of a connection with Gibraltar.”

(4)
Omit section 60(2) (sections 57 to 59: jurisdiction).

(5)
Accordingly, the title of section 60 becomes “Section 59A: interpretation”.”
50
Insert the following new Clause—

“Trafficking people for labour and other exploitation

(1)
The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 is

amended as follows.

(2)
For subsections (1) to (3) of section 4 (trafficking people for labour and

other exploitation) substitute—

“(1A)
A person (“A”) commits an offence if A intentionally arranges or

facilitates—

(a)
the arrival in, or entry into, the United Kingdom or another

country of another person (“B”),

(b)
the travel of B within the United Kingdom or another

country, or

(c)
the departure of B from the United Kingdom or another

country,

11


with a view to the exploitation of B.

(1B)
For the purposes of subsection (1A)(a) and (c) A’s arranging or

facilitating is with a view to the exploitation of B if (and only if)—

(a)
A intends to exploit B, after B’s arrival, entry or (as the case

may be) departure but in any part of the world, or

(b)
A believes that another person is likely to exploit B, after B’s

arrival, entry or (as the case may be) departure but in any

part of the world.

(1C)
For the purposes of subsection (1A)(b) A’s arranging or facilitating

is with a view to the exploitation of B if (and only if)—

(a)
A intends to exploit B, during or after the journey and in any

part of the world, or

(b)
A believes that another person is likely to exploit B, during

or after the journey and in any part of the world.”

(3)
In section 4(4)—

(a)
in paragraph (b)—

(i)
omit “under the Human Organ Transplants Act 1989 (c. 31)

or”, and

(ii)
after “2004” insert “as it has effect in the law of England and

Wales”,

(b)
in that paragraph, the words from “as a result” to the end of the

paragraph become sub-paragraph (i), and

(c)
after that sub-paragraph insert “or

(ii)
which, were it done in England and Wales, would constitute

an offence within sub-paragraph (i),”.

(4)
After section 4(4) insert—

“(4A)
A person who is a UK national commits an offence under this

section regardless of—

(a)
where the arranging or facilitating takes place, or

(b)
which country is the country of arrival, entry, travel or (as

the case may be) departure.

(4B)
A person who is not a UK national commits an offence under this

section if—

(a)
any part of the arranging or facilitating takes place in the

United Kingdom, or

(b)
the United Kingdom is the country of arrival, entry, travel

or (as the case may be) departure.”

(5)
Omit section 5(1) (section 4: jurisdiction).

(6)
In section 5(3) (section 4: interpretation)—

(a)
for “In section 4(4)(a)” substitute “In section 4—

“country” includes any territory or other part of the world,”,

(b)
the words from ““the Human Rights Convention” to the end of the

subsection become the next definition in a list, and

(c)
after that definition insert—

““UK national” means—

(a)
a British citizen,