Session 2013 - 14
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Other Bills before Parliament


 
 

849

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 8 October 2013

 

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

 

585, 587, 589-90, 709-14, 729-730, 735-36 and 815-30

 

Consideration of Bill


 

Anti-social Behaviour, Crime and Policing Bill, As Amended

 

Requirement to fit a post box guard where a dog is present

 

Ann Coffey

 

NC13

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall bring forward regulations to require householders to

 

fit a guard to their letterbox if—

 

(a)    

the householder owns a dog,

 

(b)    

the dog is kept in residential premises to which the letterbox is fitted, and

 

(c)    

the letterbox opens directly into those premises.

 

(2)    

Regulations made under subsection (1) shall include provision concerning—

 

(a)    

the size and style of the guard to be fitted, and

 

(b)    

the householder being liable to a civil penalty for any harm caused as a

 

result of failing to comply with this requirement.

 

(3)    

Regulations under this section—

 

(a)    

shall be made by statutory instrument, and

 

(b)    

may not be made unless a draft has been laid before and approved by

 

resolution of each House of Parliament.’.

 

Sexual harm prevention orders and sexual risk orders, etc

 

Secretary Theresa May

 

NC14

 

To move the following Clause:—

 

‘(1)    

Schedule [Amendments of Part 2 of the Sexual Offences Act 2003] (amendments

 

of Part 2 of the Sexual Offences Act 2003) has effect.

 

(2)    

In section 142 of the Sexual Offences Act 2003 (extent etc)—


 
 

Notices of Amendments: 8 October 2013                  

850

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(a)    

in subsection (2) (provisions that extend to Northern Ireland, as well as

 

England and Wales), for paragraph (c) there is substituted—

 

“(c)    

sections 80 to 88, 89 to 91, 92 to 96, 96B to 103, 122F

 

and 130 to 136ZB;

 

(ca)    

Part 2A;”;

 

(b)    

after that subsection there is inserted—

 

“(2A)    

Sections 110, 117A, 119 and 123 to 129 extend only to Northern

 

Ireland.”

 

(c)    

In subsection (3) (provisions that extend to Scotland, as well as England

 

and Wales) for paragraph (a) there is substituted—

 

“(a)    

sections 80 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F,

 

130 to 132 and 133 to 136ZB;”;

 

(d)    

after that subsection there is inserted—

 

“(3A)    

Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only

 

to Scotland.

 

(3B)    

Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to

 

Northern Ireland and Scotland but not to England and Wales.”’.

 

Saving and transitional provision

 

Secretary Theresa May

 

NC15

 

To move the following Clause:—

 

‘(1)    

In this section—

 

“the 2003 Act” means the Sexual Offences Act 2003;

 

“existing order” means—

 

(a)    

a sexual offences prevention order under section 104 of the 2003

 

Act;

 

(b)    

a foreign travel order under section 114 of that Act;

 

(c)    

a risk of sexual harm order under section 123 of that Act;

 

“new order” means—

 

(a)    

a sexual harm prevention order (made under section 103A of the

 

2003 Act, inserted by Schedule [Amendments of Part 2 of the

 

Sexual Offences Act 2003]);

 

(b)    

a sexual risk order (made under section 122A of that Act,

 

inserted by that Schedule);

 

“old order” means—

 

(a)    

a restraining order under section 5A of the Sex Offenders Act

 

1997;

 

(b)    

a sex offender order under section 2 of the Crime and Disorder

 

Act 1998.

 

(2)    

The repeal or amendment by this Act of sections 104 to 122 or sections 123 to

 

129 of the 2003 Act does not apply in relation to—

 

(a)    

an application made before the commencement day for an existing order;

 

(b)    

an existing order (whether made before or after that day) applied for

 

before that day;

 

(c)    

anything done in connection with such an application or order.


 
 

Notices of Amendments: 8 October 2013                  

851

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(3)    

The following sections of the 2003 Act inserted by Schedule [Amendments of

 

Part 2 of the Sexual Offences Act 2003] apply (as appropriate) to an old order as

 

they apply to a new order—

 

(a)    

section 103E (variation, renewal and discharge of sexual harm

 

prevention order);

 

(b)    

section 103I (offence of breach of sexual harm prevention order);

 

(c)    

section 122E (variation, renewal and discharge of sexual risk order);

 

(d)    

section 122H (offence of breach of sexual risk order).

 

(4)    

As from the commencement day there may be no variation of an existing order or

 

an old order that extends the period of the order or of any of its provisions.

 

(5)    

At the end of the period of 5 years beginning with the commencement day—

 

(a)    

in relation to any existing order or old order that is still in force, sections

 

103E and 103I of the 2003 Act or sections 122E and 122H of that Act (as

 

appropriate) have effect, with any necessary modifications (and with any

 

modifications specified in an order under section 152(6) of this Act), as

 

if the provisions of the order were provisions of a new order;

 

(b)    

subsections (2) and (3) cease to have effect.

 

(6)    

In this section “commencement day” means the day on which this section comes

 

into force.’.

 

Secretary Theresa May

 

NS1

 

To move the following Schedule:—

 

‘SCHEDULE

 

Amendments of Part 2 of the Sexual Offences Act 2003

 

Introduction

 

1          

Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended as

 

set out in this Schedule.

 

Sexual harm prevention orders

 

2          

After section 103 there is inserted—

 

“Sexual harm prevention orders (England and Wales)

 

103A  

Sexual harm prevention orders: applications and grounds

 

(1)    

A court may make an order under this section (a “sexual harm

 

prevention order”) in respect of a person (“the defendant”) where

 

subsection (2) or (3) applies to the defendant.

 

(2)    

This subsection applies to the defendant where—

 

(a)    

the court deals with the defendant in respect of—

 

(i)    

an offence listed in Schedule 3 or 5, or

 

(ii)    

a finding that the defendant is not guilty of an offence

 

listed in Schedule 3 or 5 by reason of insanity, or

 

(iii)    

a finding that the defendant is under a disability and

 

has done the act charged against the defendant in

 

respect of an offence listed in Schedule 3 or 5,

 

    

and


 
 

Notices of Amendments: 8 October 2013                  

852

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(b)    

the court is satisfied that it is necessary to make a sexual harm

 

prevention order, for the purpose of—

 

(i)    

protecting the public or any particular members of the

 

public from sexual harm from the defendant, or

 

(ii)    

protecting children or vulnerable adults generally, or

 

any particular children or vulnerable adults, from

 

sexual harm from the defendant outside the United

 

Kingdom.

 

(3)    

This subsection applies to the defendant where—

 

(a)    

an application under subsection (4) has been made in respect

 

of the defendant and it is proved on the application that the

 

defendant is a qualifying offender, and

 

(b)    

the court is satisfied that the defendant’s behaviour since the

 

appropriate date makes it necessary to make a sexual harm

 

prevention order, for the purpose of—

 

(i)    

protecting the public or any particular members of the

 

public from sexual harm from the defendant, or

 

(ii)    

protecting children or vulnerable adults generally, or

 

any particular children or vulnerable adults, from

 

sexual harm from the defendant outside the United

 

Kingdom.

 

(4)    

A chief officer of police or the Director General of the National Crime

 

Agency (“the Director General”) may by complaint to a magistrates’

 

court apply for a sexual harm prevention order in respect of a person

 

if it appears to the chief officer or the Director General that—

 

(a)    

the person is a qualifying offender, and

 

(b)    

the person has since the appropriate date acted in such a way

 

as to give reasonable cause to believe that it is necessary for

 

such an order to be made.

 

(5)    

A chief officer of police may make an application under subsection (4)

 

only in respect of a person—

 

(a)    

who resides in the chief officer’s police area, or

 

(b)    

who the chief officer believes is in that area or is intending to

 

come to it.

 

(6)    

An application under subsection (4) may be made to any magistrates’

 

court whose commission area includes—

 

(a)    

any part of a relevant police area, or

 

(b)    

any place where it is alleged that the person acted in a way

 

mentioned in subsection (4)(b).

 

(7)    

The Director General must as soon as practicable notify the chief

 

officer of police for a relevant police area of any application that the

 

Director has made under subsection (4).

 

(8)    

In this section “relevant police area” means—

 

(a)    

where the applicant is a chief officer of police, the officer’s

 

police area;

 

(b)    

where the applicant is the Director General—

 

(i)    

the police area where the person in question resides,

 

or


 
 

Notices of Amendments: 8 October 2013                  

853

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(ii)    

a police area which the Director General believes the

 

person is in or is intending to come to.

 

103B  

Section 103A: supplemental

 

(1)    

In section 103A

 

“appropriate date”, in relation to a qualifying offender, means the date or

 

(as the case may be) the first date on which the offender was convicted,

 

found or cautioned as mentioned in subsection (2) or (3) below;

 

“child” means a person under 18;

 

“the public” means the public in the United Kingdom;

 

“sexual harm” from a person means physical or psychological harm

 

caused—

 

(a)    

by the person committing one or more offences listed in

 

Schedule 3, or

 

(b)    

(in the context of harm outside the United Kingdom) by the

 

person doing, outside the United Kingdom, anything which

 

would constitute an offence listed in Schedule 3 if done in any

 

part of the United Kingdom;

 

“qualifying offender” means a person within subsection (2) or (3) below;

 

“vulnerable adult” means a person aged 18 or over whose ability to

 

protect himself or herself from physical or psychological harm is

 

significantly impaired through physical or mental disability or illness,

 

through old age or otherwise.

 

(2)    

A person is within this subsection if, whether before or after the

 

commencement of this Part, the person—

 

(a)    

has been convicted of an offence listed in Schedule 3 (other

 

than at paragraph 60) or in Schedule 5,

 

(b)    

has been found not guilty of such an offence by reason of

 

insanity,

 

(c)    

has been found to be under a disability and to have done the

 

act charged against him in respect of such an offence, or

 

(d)    

has been cautioned in respect of such an offence.

 

(3)    

A person is within this subsection if, under the law in force in a

 

country outside the United Kingdom and whether before or after the

 

commencement of this Part—

 

(a)    

the person has been convicted of a relevant offence (whether

 

or not the person has been punished for it),

 

(b)    

a court exercising jurisdiction under that law has made in

 

respect of a relevant offence a finding equivalent to a finding

 

that the person is not guilty by reason of insanity,

 

(c)    

such a court has made in respect of a relevant offence a finding

 

equivalent to a finding that the person is under a disability and

 

did the act charged against the person in respect of the offence,

 

or

 

(d)    

the person has been cautioned in respect of a relevant offence.

 

(4)    

In subsection (3), “relevant offence” means an act which—

 

(a)    

constituted an offence under the law in force in the country

 

concerned, and


 
 

Notices of Amendments: 8 October 2013                  

854

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(b)    

would have constituted an offence listed in Schedule 3 (other

 

than at paragraph 60) or in Schedule 5 if it had been done in

 

any part of the United Kingdom.

 

    

For this purpose an act punishable under the law in force in a country

 

outside the United Kingdom constitutes an offence under that law,

 

however it is described in that law.

 

(5)    

For the purposes of section 103A, acts, behaviour, convictions and

 

findings include those occurring before the commencement of this

 

Part.

 

(6)    

Subject to subsection (7), on an application under section 103A(4) the

 

condition in subsection (4)(b) above (where relevant) is to be taken as

 

met unless, not later than rules of court may provide, the defendant

 

serves on the applicant a notice—

 

(a)    

stating that, on the facts as alleged with respect to the act

 

concerned, the condition is not in the defendant’s opinion met,

 

(b)    

showing the grounds for that opinion, and

 

(c)    

requiring the applicant to prove that the condition is met.

 

(7)    

The court, if it thinks fit, may permit the defendant to require the

 

applicant to prove that the condition is met without service of a notice

 

under subsection (6).

 

(8)    

Subsection (9) applies for the purposes of section 103A and this

 

section.

 

(9)    

In construing any reference to an offence listed in Schedule 3, any

 

condition subject to which an offence is so listed that relates—

 

(a)    

to the way in which the defendant is dealt with in respect of an

 

offence so listed or a relevant finding (as defined by section

 

132(9)), or

 

(b)    

to the age of any person,

 

    

is to be disregarded.

 

103C  

SHPOs: effect

 

(1)    

A sexual harm prevention order prohibits the defendant from doing

 

anything described in the order.

 

(2)    

Subject to section 103D(1), a prohibition contained in a sexual harm

 

prevention order has effect—

 

(a)    

for a fixed period, specified in the order, of at least 5 years, or

 

(b)    

until further order.

 

(3)    

A sexual harm prevention order—

 

(a)    

may specify that some of its prohibitions have effect until

 

further order and some for a fixed period;

 

(b)    

may specify different periods for different prohibitions.

 

(4)    

The only prohibitions that may be included in a sexual harm

 

prevention order are those necessary for the purpose of—

 

(a)    

protecting the public or any particular members of the public

 

from sexual harm from the defendant, or

 

(b)    

protecting children or vulnerable adults generally, or any

 

particular children or vulnerable adults, from sexual harm

 

from the defendant outside the United Kingdom.


 
 

Notices of Amendments: 8 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(5)    

In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable

 

adult” each has the meaning given in section 103B(1).

 

(6)    

Where a court makes a sexual harm prevention order in relation to a

 

person who is already subject to such an order (whether made by that

 

court or another), the earlier order ceases to have effect.

 

103D  

SHPOs: prohibitions on foreign travel

 

(1)    

A prohibition on foreign travel contained in a sexual harm prevention

 

order must be for a fixed period of not more than 5 years.

 

(2)    

A “prohibition on foreign travel” means—

 

(a)    

a prohibition on travelling to any country outside the United

 

Kingdom named or described in the order,

 

(b)    

a prohibition on travelling to any country outside the United

 

Kingdom other than a country named or described in the

 

order, or

 

(c)    

a prohibition on travelling to any country outside the United

 

Kingdom.

 

(3)    

Subsection (1) does not prevent a prohibition on foreign travel from

 

being extended for a further period (of no more than 5 years each time)

 

under section 103E.

 

(4)    

A sexual harm prevention order that contains a prohibition within

 

subsection (2)(c) must require the defendant to surrender all of the

 

defendant’s passports at a police station specified in the order—

 

(a)    

on or before the date when the prohibition takes effect, or

 

(b)    

within a period specified in the order.

 

(5)    

Any passports surrendered must be returned as soon as reasonably

 

practicable after the person ceases to be subject to a sexual harm

 

prevention order containing a prohibition within subsection (2)(c)

 

(unless the person is subject to an equivalent prohibition under another

 

order).

 

(6)    

Subsection (5) does not apply in relation to—

 

(a)    

a passport issued by or on behalf of the authorities of a country

 

outside the United Kingdom if the passport has been returned

 

to those authorities;

 

(b)    

a passport issued by or on behalf of an international

 

organisation if the passport has been returned to that

 

organisation.

 

(7)    

In this section “passport” means—

 

(a)    

a United Kingdom passport within the meaning of the

 

Immigration Act 1971;

 

(b)    

a passport issued by or on behalf of the authorities of a country

 

outside the United Kingdom, or by or on behalf of an

 

international organisation;

 

(c)    

a document that can be used (in some or all circumstances)

 

instead of a passport.


 
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Revised 9 October 2013