House of Commons Amendments

Session 2013 - 14
Internet Publications
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.

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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

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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

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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

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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.

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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.



© Parliamentary copyright	Revised 9 October 2013