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871

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Monday 4 March 2013

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

807, 809-10 and 847-70

 

Consideration of Bill


 

Crime and Courts Bill [Lords], As Amended

 

Mr David Nuttall

 

89

 

Page  46,  line  34  [Clause  42],  at end insert—

 

‘(1A)    

In section 4(1) (“Fear or provocation of violence”) for “abusive or insulting” in

 

the two places where it occurs substitute “or abusive”.

 

(1B)    

In section 4A(1) (“Intentional harassment, alarm or distress”) for “abusive or

 

insulting” in the two places where it occurs substitute “or abusive”.’.

 

Mr David Nuttall

 

90

 

Page  46,  line  36  [Clause  42],  at end insert—

 

‘(6)    

In section 6(3) (“mental element: miscellaneous”) for “abusive or insulting” in

 

the two places where it occurs substitute “or abusive”.’.

 

Possession of prohibited written material about children

 

Sir Paul Beresford

 

Paul Goggins

 

NC8

 

To move the following Clause:—

 

‘(1)    

Section 62 of the Coroners and Justice Act 2009 (offence of possession of

 

prohibited images of children) is amended as follows.

 

(2)    

In subsection (1), after “prohibited image of a child”, insert “or prohibited written

 

material about a child”.

 

(3)    

After subsection (2) insert—

 

“(2A)    

Prohibited written material about a child is written material which—

 

(a)    

is pornographic;

 

(b)    

falls within subsection (6); and


 
 

Notices of Amendments: 4 March 2013                     

872

 

Crime and Courts Bill-[Lords], continued

 
 

(c)    

is grossly offensive, disgusting or otherwise of an obscene

 

character.”.

 

(4)    

In subsection (3), after “image”, insert “or written material”.

 

(5)    

After subsection (5) insert—

 

“(5A)    

Where (as found in the person’s possession) written material forms part

 

of a series of written material, the question whether the written material

 

is of such a nature as is mentioned in subsection (2A) is to be determined

 

by reference to—

 

(a)    

the written material itself; and

 

(b)    

(if the series of written material is such as to be capable of

 

providing a context for the written material) the context in which

 

it occurs in the series of written material.

 

(5B)    

So, for example, where—

 

(a)    

written material forms an integral part of a narrative constituted

 

by a series of written material; and

 

(b)    

having regard to those written materials as a whole, they are not

 

of such a nature that they must reasonably be assumed to have

 

been produced solely or principally for the purpose of sexual

 

arousal;

 

    

the written material may, by virtue of being part of that narrative, be

 

found not to be pornographic, even though it might have been found to

 

be pornographic if taken by itself.”.

 

(6)    

In subsection (6), insert “or written material” after the word “image” each time it

 

appears.’.

 


 
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Revised 5 March 2013