Session 2013 - 14
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709

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 10 September 2013

 

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

 

585, 587 and 589-90

 

Consideration of Bill


 

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

 

Child sexual abuse prevention orders

 

Nicola Blackwood

 

Mr William Cash

 

Keith Vaz

 

Jackie Doyle-Price

 

Kris Hopkins

 

Dan Byles

 

Ann Coffey

 

Sarah Newton

 

Robert Halfon

 

Penny Mordaunt

 

Mark Garnier

 

Jacob Rees-Mogg

 

Jason McCartney

 

Valerie Vaz

 

Mr Frank Field

 

Andrea Leadsom

 

Dr Philip Lee

 

Mr Peter Bone

 

Priti Patel

 

Richard Fuller

 

Robin Walker

 

Richard Harrington

 

Mr Brian Binley

 

Simon Kirby

 

Charlie Elphicke

 

Mr Robert Buckland

 

Gordon Henderson

 

Chris Heaton-Harris

 

Julian Sturdy

 

Mr Julian Brazier

 

Harriet Baldwin

 

Sir John Stanley

 

George Freeman

 

Pauline Latham

 

Philip Davies

 

Mr Richard Bacon

 

Mr Jonathan Djanogly

 

Mr Jim Cunnigham

 

Mr Stewart Jackson

 

Mr James Clappison

 

Tim Loughton

 

Fiona MacTaggart

 

Stephen Barclay

 

Bill Wiggin

 

Mr Mark Spencer

 

Andrew Stephenson

 

Sarah Champion

 

Craig Whittaker

 

Charlotte Leslie

 

Jim Shannon

 

NC5

 

To move the following Clause:—

 

‘(1)    

The Sexual Offences Act 2003 is amended as follows.

 

(2)    

For sections 123 (Risk of sexual harm orders: applications, grounds and effect) to

 

129 (Effect of conviction etc. of an offence under section 128) substitute—

 

“123  

Child Sexual Abuse Prevention Orders: Applications and grounds

 

(1)    

On the application of a qualifying person, or on conviction of a qualifying

 

offence, a magistrates’ court may make a ‘child sexual abuse prevention


 
 

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710

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

order’ if it is satisfied that it is necessary to make such an order for the

 

purposes of protecting children generally or any particular child from

 

serious sexual harm from the defendant.

 

(2)    

A qualifying person under subsection (1) shall be a chief officer of police

 

or an officer, of superintendant rank or above, in the NCA or other

 

relevant agency to be decided by the Home Secretary.

 

(3)    

In subsection (1) a defendant shall be considered to be convicted of a

 

qualifying offence who—

 

(a)    

is convicted of an offence listed in schedules 3 and 5;

 

(b)    

is found not guilty of such an offence by reason of insanity;

 

(c)    

is found to be under a disability and to have done the act charged

 

against him in respect of such an offence;

 

(d)    

is cautioned in respect of such an offence;

 

(4)    

A chief officer of police may apply for an order under this section in

 

respect of a person who resides in his police area or who the chief officer

 

believes is in, or is intending to come to, his police area.

 

(5)    

An application under subsection (1) may be made to a magistrates’ court

 

whose commission area includes—

 

(a)    

any part of the police area, or

 

(b)    

any place where it is alleged that the defendant committed one or

 

more offences listed in schedules 3 and 5.

 

124    

Section 123: supplemental

 

(1)    

In this Part, ‘Child Sexual Abuse Prevention Order’ means an order

 

under section 123.

 

(2)    

Subsections (3) and (4) apply for the purposes of Section 1.

 

(3)    

‘Protecting children generally or any particular child from serious sexual

 

harm from the defendant’ means protecting persons under 18 or any

 

person under 18, in or outside the United Kingdom, from serious physical

 

or psychological harm caused by the defendant committing one or more

 

offences listed in Schedule 3.

 

(4)    

Acts, behaviour, convictions, and findings include those occurring before

 

the commencement of this Part.

 

(5)    

In subsection (1)(1), a person shall also be considered to have been

 

convicted of a qualifying offence if, under law in force in a country

 

outside the United Kingdom and whether before or after the

 

commencement of this Part—

 

(a)    

he has been convicted of a relevant offence (whether or not he

 

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 he 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 he is under a disability and did the act

 

charged against him in respect of the offence, or

 

(d)    

he has cautioned in respect of a relevant offence.

 

(6)    

In subsection (5), a ‘relevant offence’ means an act which—


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(a)    

constituted an offence under the law in force in the country

 

concerned, and

 

(b)    

would have consituted an offence within schedules 3 and 5 if it

 

had been done in any part of the United Kingdom.

 

(7)    

An act punishable under the law in force in a country outside the United

 

Kingdom constitutes an offence under that law for the purposes of

 

subsection (6), however it is described in that law.

 

(8)    

Subject to subsection (9), on an applicatioin under section 1 the condition

 

in subsection (6)(b) above (where relevant) is to be taken as met unless,

 

not later than rules of the 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 his opinion met,

 

(b)    

showing his grounds for that opinion, and

 

(c)    

requiring the applicant to prove that the condition is met.

 

(9)    

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

 

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

 

under subsection (8).

 

125    

Child-SAPOs: effect

 

(1)    

A Child Sexual Abuse Prevention Order—

 

(a)    

prohibits the defendant from doing anything described in the

 

order, and

 

(b)    

has effect for a fixed period (not less than five years) specified in

 

the order or until further order.

 

(2)    

The only prohibitions that may be included in the order are those

 

necessary for the purpose of protecting children generally or any

 

particular child from serious sexual harm from the defendant.

 

(3)    

Where a court makes a child sexual abuse prevention order in relation to

 

a person already subject to such an order (whether made by that court or

 

another), the earlier order ceases to have effect.

 

(4)    

Section 3(3) applies for the purposes of this section and section 5.

 

126    

Child-SAPOs: variations, renewals and discharges

 

(1)    

A person within subsections (2) may apply to the appropriate court for an

 

order varying, renewing or discharging a child sexual abuse prevention

 

order.

 

(2)    

The persons are—

 

(a)    

the defendant;

 

(b)    

the chief officer of police for the area in which the defendant

 

resides;

 

(c)    

a chief officer of police who believes that the defendant is in, or

 

is intending to come on to, his police area;

 

(d)    

where an order was made on an application under section 1(1),

 

the chief officer or other qualifying person who made the

 

application.

 

(3)    

An application under subsection (1) may be made—


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(a)    

where the appropriate court is the Crown Court, in accordance

 

with rules of the court;

 

(b)    

in any other case, by complaint.

 

(4)    

Subject to subsections (5) and (6), on the application of the court, after

 

hearing the person making the application and (if they wish to be heard)

 

the other persons mentioned in subsection (2), may make any order,

 

varying, renewing or discharging the child sexual abuse prevention

 

order, that the court considers appropriate.

 

(5)    

An order may be renewed, or varied so as to impose additional

 

prohibitions on or to lift prohibitions from the defendant, only if it is

 

necessary to do so for the purposes of protecting children generally or

 

any particular child from serious sexual harm from the defendant (and

 

any renewed or varied order may contain only such prohibitions as are

 

necessary for this purpose).

 

(6)    

The court must not discharge an order before the end of five years

 

beginning with the day on which the order was made, without the consent

 

of the defendant and—

 

(a)    

where the application is made by a chief officer of police, that

 

chief officer, or other  qualifying person or

 

(b)    

in any other case, the chief officer of police for the area in which

 

the defendant resides.

 

(7)    

In this section ‘the appropriate court’ means—

 

(a)    

where the Crown Court or the Court of Appeal made the child

 

sexual abuse prevention order, the Crown Court;

 

(b)    

where a magistrates’ court made the order, that court, a

 

magistrates’ court for the area in which the defendant resides, or

 

where the application is made by a chief officer of police, any

 

magistrates’ court whose commission area includes any part of

 

the chief officers’ police area or any area where the alleged

 

offences occurred.

 

(c)    

where a youth court made the order, that court, the youth court

 

for the area in which the defendant resides or, where the

 

application is made, any youth court whose commission area

 

includes any part of a chief officer’s police area or any place

 

where the alleged offences occurred.

 

(8)    

This section applies to orders under—

 

(a)    

Section 5A of the Sex Offenders Act 1997 (c.51) (restraining

 

orders),

 

(b)    

Section 2 or 20 of the Crime and Disorder Act 1998 (c.37) (sex

 

offender orders made in England and Wales and Scotland),

 

(c)    

Article 6 of the Criminal Justice (Northern Ireland) Order 1998

 

(S.I., 1998/2839 (N.I. 20)) (sex offender orders made in Northern

 

Ireland), and

 

(d)    

as it applies to child sexual abuse prevention orders.

 

127    

Interim Child-SAPOs

 

(1)    

This section applies where an application under section 123(1) (‘the main

 

application’) has not been determined.

 

(2)    

An application for an order under this section (‘an interim child sexual

 

abuse prevention order’)—


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(a)    

may be made by the complaint by which the main application is

 

made, or

 

(b)    

if the main application has been made, may be made by the

 

person who has made that application, by complaint to the court

 

to which that application has been made.

 

(3)    

The Court may, if it considers it just to do so, make an interim child

 

sexual abuse prevention order, prohibiting the defendant from doing

 

anything described in the order.

 

(4)    

Such an order—

 

(a)    

has effect only for a fixed period, specified in the order;

 

(b)    

ceases to have effect, if it has not already done so, on the

 

determination of the main application.

 

(5)    

The applicant or the defendant may by complaint apply to the court that

 

made the interim child sexual abuse prevention order for the order to be

 

varied, renewed or discharged.

 

(6)    

Subsection (5) applies to orders under—

 

(a)    

Sections 2A or 20(4)(a) of the Crime and Disorder Act 1998

 

(c.37) (interim orders made in England and Wales Scotland), and

 

(b)    

Article 6A of the Criminal Justice (Northern Ireland) Order 1998

 

(S.I., 1998/2839 (N.I. 20)) (interim orders made in Northern

 

Ireland),

 

    

as it applies to interim child sexual abuse prevention orders.

 

128    

Child-SAPO and interim Child-SAPO appeals

 

(1)    

A defendant may appeal to the Crown Court against the making of a child

 

sexual abuse prevention order under section 123(1).

 

(2)    

A defendant may appeal to the Crown Court aginst the making of an

 

interim child sexual abuse prevention order under section 127(3).

 

(3)    

A defendant may appeal against the making of an order under section

 

127(3), or the refusal to make such an order—

 

(a)    

where the application for such an order was made to the Crown

 

Court, to the Court of Appeal;

 

(b)    

in any other case, to the Crown Court.

 

(4)    

On an appeal under section (1), (2) or subsection (3)(b), the Crown Court

 

may make such orders as may be necessary to give effect to its

 

determination of the appeal, and may also make such incidental or

 

consequential orders as appear to it to be just.

 

(5)    

Any order made by the Crown Court on an appeal under sections (1) or

 

(2) (other than an order directing that an application be re-heard by a

 

magistrates’ court) is for the purpose of subsecitons 126(7) and 127(6)

 

(respectively) to be treated as if it were an order of the court from which

 

the appeal was brought (and not an order of the Crown Court).

 

129    

Offence: breach of a Child-SAPO or interim Child-SAPO

 

(1)    

A person commits an offence if, without reasonable excuse, he does

 

anything which he is prohibited from doing by—

 

(a)    

a child sexual abuse prevention order;

 

(b)    

an interim child sexual abuse prevention order,


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(c)    

an order under section 5A of the Sex Offenders Act 1997 (c.51)

 

(restraining orders);

 

(d)    

an offender under sections 2, 2A or 20 of the Crime and Disorder

 

Act 1998 (c.37) (sex offenders orders and interim orders made in

 

England and Wales and in Scotland);

 

(e)    

an order under Article 6 or 6A of the Criminal Justice (Northern

 

Ireland) Order 1998 (S.I., 1998/2839 (N.I. 20)) (sex offender

 

orders and interim orders made in Northern Ireland).

 

(2)    

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

 

(a)    

on summary conviction, to imprisonment for a term not

 

exceeding 6 months or a fine not exceeding the statutory

 

maximum or both;

 

(b)    

on conviction on indictment, to imprisonment for at term not

 

exceeding five years.

 

(c)    

where a person is convicted of an offence under this section, it is

 

not open to the court by or before which he is convicted to make,

 

in respect of the offence, an order for conditional disharge or, in

 

Scotland, a probation order.

 

(3)    

The Home Secretary shall issue guidance on the use of child sexual abuse

 

prevention orders and interim child sexual abuse prevention orders

 

within six months of this section coming into force.”.’.

 


 
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Revised 11 September 2013