House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 10 October 2013
890

Anti-social Behaviour, Crime and Policing Bill, continued

(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,

(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;

Notices of Amendments: 10 October 2013
891

Anti-social Behaviour, Crime and Policing Bill, continued

(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.”.’.

Possession of prohibited written material about children

Sir Paul Beresford

Paul Goggins

NC7

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

(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.”

Notices of Amendments: 10 October 2013
892

Anti-social Behaviour, Crime and Policing Bill, continued

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

appears.’.

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

(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

Notices of Amendments: 10 October 2013
893

Anti-social Behaviour, Crime and Policing Bill, continued

(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

(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—

Notices of Amendments: 10 October 2013
894

Anti-social Behaviour, Crime and Policing Bill, continued

(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

(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—

Notices of Amendments: 10 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

(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.

(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,

Notices of Amendments: 10 October 2013
896

Anti-social Behaviour, Crime and Policing Bill, continued

(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.

103E
SHPOs: variations, renewals and discharges

(1)
A person within subsection (2) may apply to the appropriate court for

an order varying, renewing or discharging a sexual harm 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 to, that officer’s police area;

(d)
where the order was made on an application by a chief officer

of police under section 103A(4), that officer.

(3)
An application under subsection (1) may be made—

(a)
where the appropriate court is the Crown Court, in accordance

with rules of court;



© Parliamentary copyright	Revised 11 October 2013