House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

883

House of Commons

Notices of Amendments

given up to and including

Thursday 10 October 2013

New Amendments handed in are marked thus

Consideration of Bill

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

Note

The Amendments have been arranged in accordance with the Anti-social

Behaviour, Crime and Policing Bill Programme (No. 2) Motion to be proposed by

Secretary Theresa May.

New ClausES and new schedules relating to the protection of persons

from harm of a sexual nature or relating to violent offender orders

Violent offender orders

Secretary Theresa May

NC8

To move the following Clause:—

‘(1)
In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender

orders), after subsection (5) there is inserted—

“(6)
The Secretary of State may by order—

(a)
amend subsection (3);

(b)
make consequential amendments to subsection (4).”

(2)
In section 147(5) of that Act (orders etc subject to affirmative resolution

procedure), after paragraph (d) there is inserted—

“(da)
an order under section 98(6),”.

Notices of Amendments: 10 October 2013
884

Anti-social Behaviour, Crime and Policing Bill, continued

(3)
In section 99 of that Act (qualifying offenders), in paragraph (b) of subsection (5)

(meaning of “relevant offence”) after “a specified offence” there is inserted “, or

the offence of murder,”.’.

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)—

(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;

Notices of Amendments: 10 October 2013
885

Anti-social Behaviour, Crime and Policing Bill, continued

(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.

(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.’.

Notices of Amendments: 10 October 2013
886

Anti-social Behaviour, Crime and Policing Bill, continued

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

Harriett 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

Mike Wood

Mike Freer

Caroline Lucas

Mr Dave Watts

Mr Philip Hollobone

Mr Adrian Sanders

Mr George Howarth

Zac Goldsmith

Dr Julian Lewis

Heather Wheeler

Sir Richard Shepherd

John Hemming

Dame Joan Ruddock

Simon Danczuk

Rosie Cooper

Greg Mulholland

Mr David Davis

Mark Pritchard

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

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;

Notices of Amendments: 10 October 2013
887

Anti-social Behaviour, Crime and Policing Bill, continued

(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—

(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

Notices of Amendments: 10 October 2013
888

Anti-social Behaviour, Crime and Policing Bill, continued

(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—

(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).

Notices of Amendments: 10 October 2013
889

Anti-social Behaviour, Crime and Policing Bill, continued

(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’)—

(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.



© Parliamentary copyright	Revised 11 October 2013