Session 2013 - 14
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Notices of Amendments: 10 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(3)    

The court may, if it considers it just to do so, make an interim sexual

 

risk 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 sexual risk order for the order to be varied,

 

renewed or discharged.

 

122F  

 Sexual risk orders and interim sexual risk orders: notification

 

requirements

 

(1)    

A person in respect of whom a court makes—

 

(a)    

a sexual risk order (other than one that replaces an interim

 

sexual risk order), or

 

(b)    

an interim sexual risk order,

 

    

must, within the period of 3 days beginning with the date of service of

 

the order, notify to the police the information set out in subsection (2)

 

(unless the person is subject to the notification requirements of this

 

Part on that date).

 

(2)    

The information is—

 

(a)    

the person’s name and, where the person uses one or more

 

other names, each of those names;

 

(b)    

the person’s home address.

 

(3)    

A person who—

 

(a)    

is subject to a sexual risk order or an interim sexual risk order

 

(but is not subject to the notification requirements of this

 

Part), and

 

(b)    

uses a name which has not been notified under this section (or

 

under any other provision of this Part), or changes home

 

address,

 

    

must, within the period of 3 days beginning with the date on which that

 

happens, notify to the police that name or (as the case may be) the new

 

home address.

 

(4)    

Sections 87 (method of notification and related matters) and 91

 

(offences relating to notification) apply for the purposes of this

 

section—

 

(a)    

with references to section 83(1) being read as references to

 

subsection (1) above,

 

(b)    

with references to section 84(1) being read as references to

 

subsection (3) above, and

 

(c)    

with the omission of section 87(2)(b).

 

122G  

 Sexual risk orders and interim sexual risk orders: appeals

 

(1)    

A defendant may appeal to the Crown Court—

 

(a)    

against the making of a sexual risk order;

 

(b)    

against the making of an interim sexual risk order; or


 
 

Notices of Amendments: 10 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(c)    

against the making of an order under section 122D, or the

 

refusal to make such an order.

 

(2)    

On any such appeal, 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.

 

(3)    

Any order made by the Crown Court on an appeal under subsection

 

(1)(a) or (b) (other than an order directing that an application be re-

 

heard by a magistrates’ court) is for the purposes of section 122D(7)

 

or 122E(5) (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).

 

122H  

 Offence: breach of sexual risk order or interim sexual risk order etc

 

(1)    

A person who, without reasonable excuse, does anything that the

 

person is prohibited from doing by—

 

(a)    

a sexual risk order,

 

(b)    

an interim sexual risk order,

 

(c)    

a risk of sexual harm order,

 

(d)    

an interim risk of sexual harm order,

 

(e)    

an order under section 2 of the Protection of Children and

 

Prevention of Sexual Offences (Scotland) Act 2005 (risk of

 

sexual harm orders in Scotland), or

 

(f)    

an order under section 5 of that Act (interim risk of sexual

 

harm orders in Scotland),

 

    

commits an offence.

 

(2)    

A person commits an offence if, without reasonable excuse, the person

 

fails to comply with a requirement imposed under section 122C(4).

 

(3)    

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 or both;

 

(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding 5 years.

 

(4)    

Where a person is convicted of an offence under this section, it is not

 

open to the court by or before which the person is convicted to make,

 

in respect of the offence, an order for conditional discharge.

 

122I  

 Effect of conviction etc of an offence under section 122H etc

 

(1)    

This section applies to a person (“the defendant”) who—

 

(a)    

is convicted of an offence mentioned in subsection (2);

 

(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; or

 

(d)    

is cautioned in respect of such an offence.

 

(2)    

Those offences are—

 

(a)    

an offence under section 122H or 128 of this Act;

 

(b)    

an offence under section 7 of the Protection of Children and

 

Prevention of Sexual Offences (Scotland) Act 2005


 
 

Notices of Amendments: 10 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(contravention of risk of sexual harm order or interim risk of

 

sexual harm order in Scotland).

 

(3)    

Where—

 

(a)    

a defendant was a relevant offender immediately before this

 

section applied to the defendant, and

 

(b)    

the defendant would (apart from this subsection) cease to be

 

subject to the notification requirements of this Part while the

 

relevant order (as renewed from time to time) has effect,

 

    

the defendant remains subject to the notification requirements.

 

(4)    

Where the defendant was not a relevant offender immediately before

 

this section applied to the defendant—

 

(a)    

this section causes the defendant to become subject to the

 

notification requirements of this Part from the time the section

 

first applies to the defendant until the relevant order (as

 

renewed from time to time) ceases to have effect, and

 

(b)    

this Part applies to the defendant, subject to the modification

 

set out in subsection (5).

 

(5)    

The “relevant date” is the date on which this section first applies to the

 

defendant.

 

(6)    

In this section “relevant order” means—

 

(a)    

where the conviction, finding or caution within subsection (1)

 

is in respect of a breach of a sexual risk order or a risk of

 

sexual harm order, that order;

 

(b)    

where the conviction, finding or caution within subsection (1)

 

is in respect of a breach of an interim sexual risk order or an

 

interim risk of sexual harm order, any sexual risk order or risk

 

of sexual harm order made on the hearing of the application to

 

which the interim order relates or, if no such order is made, the

 

interim order.

 

(7)    

In subsection (6) “risk of sexual harm order” and “interim risk of

 

sexual harm order” include orders under sections 2 and 5

 

(respectively) of the Protection of Children and Prevention of Sexual

 

Offences (Scotland) Act 2005.

 

122J  

Sexual risk orders and interim sexual risk orders: guidance

 

(1)    

The Secretary of State must issue guidance to chief officers of police

 

and to the Director General of the National Crime Agency in relation

 

to the exercise by them of their powers with regard to sexual risk

 

orders and interim sexual risk orders.

 

(2)    

The Secretary of State may, from time to time, revise the guidance

 

issued under subsection (1).

 

(3)    

The Secretary of State must arrange for any guidance issued or revised

 

under this section to be published in such manner as the Secretary of

 

State considers appropriate.”

 

Risk of sexual harm orders

 

5    (1)  

Sections 123 to 129 (risk of sexual harm orders) are repealed.

 

      (2)  

This paragraph extends only to England and Wales.


 
 

Notices of Amendments: 10 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Application etc of orders

 

6          

After section 136 there is inserted—

 

“136ZA 

  Application of orders throughout the United Kingdom

 

(1)    

In this section “relevant order” means—

 

(a)    

a sexual harm prevention order;

 

(b)    

an interim sexual harm prevention order;

 

(c)    

a sexual offences prevention order;

 

(d)    

an interim sexual offences prevention order;

 

(e)    

a foreign travel order;

 

(f)    

a sexual risk order;

 

(g)    

an interim sexual risk order;

 

(h)    

a risk of sexual harm order;

 

(i)    

an interim risk of sexual harm order;

 

(j)    

an order under section 2 of the Protection of Children and

 

Prevention of Sexual Offences (Scotland) Act 2005 (risk of

 

sexual harm orders in Scotland);

 

(k)    

an order under section 5 of that Act (interim risk of sexual

 

harm orders in Scotland).

 

(2)    

For the purposes of sections 103I, 113, 122, 122H and 128,

 

prohibitions imposed by a relevant order made in one part of the

 

United Kingdom apply (unless expressly confined to particular

 

localities) throughout that and every other part of the United Kingdom.

 

136ZB

  Order ceases to have effect when new order made

 

(1)    

Where a court in England and Wales makes an order listed in the first

 

column of the following Table in relation to a person who is already

 

subject to an order listed opposite it in the second column, the earlier

 

order ceases to have effect (whichever part of the United Kingdom it

 

was made in) unless the court orders otherwise.

 

New order

Earlier order

 
 

Sexual harm prevention

—sexual offences prevention

 
 

order

order;

 
  

—foreign travel order.

 
 

Sexual risk order

—risk of sexual harm order;

 
  

—foreign travel order.

 
 

(2)    

Where a court in Northern Ireland or Scotland makes an order listed in

 

the first column of the following Table in relation to a person who is

 

already subject to an order or prohibition listed opposite it in the

 

second column, the earlier order or prohibition ceases to have effect

 

(even though it was made or imposed by a court in England and

 

Wales) unless the court orders otherwise.


 
 

Notices of Amendments: 10 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

New order

Earlier order or prohibition

 
 

Sexual offences prevention

—sexual harm prevention

 
 

order

order not containing a prohib-

 
  

ition on foreign travel;

 
  

—in the case of a sexual harm

 
  

prevention order containing a

 
  

prohibition on foreign travel,

 
  

each of its other prohibitions.

 
 

Foreign travel order

—prohibition on foreign

 
  

travel contained in a sexual

 
  

harm prevention order.

 
 

Risk of sexual harm order

—sexual risk order not

 
  

containing a prohibition on

 
  

foreign travel;

 
  

—in the case of a sexual risk

 
  

order containing a prohibition

 
  

on foreign travel, each of its

 
  

other prohibitions.

 
 

(3)    

In this section—

 

(a)    

“court”, in Scotland, includes sheriff;

 

(b)    

“risk of sexual harm order” includes an order under section 2

 

of the Protection of Children and Prevention of Sexual

 

Offences (Scotland) Act 2005.”’.

 


 

New Clauses and new Schedules relating to Parts 1 to 6 or otherwise

 

relating to anti-social behaviour; amendments to parts 1 to 6; new

 

clauses and new schedules relating to firearms; amendments to part 8

 

Review of funding of early intervention and anti-social behaviour services

 

Andrea Leadsom

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall undertake a review of funding arrangements for early

 

intervention services and services designed to prevent or mitigate anti-social

 

behaviour, to report within 12 months of the coming into force of Part 1 of this

 

Act.

 

(2)    

The purpose of the review shall be to examine whether redistributing funding to

 

early intervention services would be likely to reduce long-term rates of anti-social

 

behaviour.’.

 



 
 

Notices of Amendments: 10 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Injunction—best interests of the child

 

Dr Hywel Francis

 

Simon Hughes

 

NC33

 

Parliamentary Star    

To move the following Clause:—

 

‘The courts must take into account the best interests of the child as a primary

 

consideration when deciding whether to impose the following—

 

(a)    

an injunction;

 

(b)    

the terms of any prohibition or requirement;

 

(c)    

sanctions for breach of an injunction; and

 

(d)    

when determining reporting of a child’s case.’.

 


 

Dr Hywel Francis

 

Simon Hughes

 

158

 

Parliamentary Star    

Clause  1,  page  1,  line  8,  after ‘conduct’, insert ‘that might reasonably be regarded

 

as’.

 

Dr Hywel Francis

 

Simon Hughes

 

163

 

Parliamentary Star    

Clause  1,  page  1,  line  10,  leave out ‘and’ and insert ‘,’.

 

Dr Hywel Francis

 

Simon Hughes

 

164

 

Parliamentary Star    

Clause  1,  page  1,  line  10,  after ‘convenient’, insert ‘and proportionate’.

 

Dr Hywel Francis

 

Simon Hughes

 

159

 

Parliamentary Star    

Clause  1,  page  2,  line  1,  leave out ‘doing anything’ and insert ‘specified actions’.

 

Dr Hywel Francis

 

Simon Hughes

 

160

 

Parliamentary Star    

Clause  1,  page  2,  line  2,  after ‘injunction’, insert ‘which relate to the anti-social

 

behaviour which the respondent has engaged or threatened to engage in’.

 

Dr Hywel Francis

 

Simon Hughes

 

161

 

Parliamentary Star    

Clause  1,  page  2,  line  3,  leave out ‘anything’ and insert ‘specified actions’.

 

Dr Hywel Francis

 

Simon Hughes

 

162

 

Parliamentary Star    

Clause  1,  page  2,  line  3,  after ‘injunction’, insert ‘which relate to the anti-social


 
 

Notices of Amendments: 10 October 2013                  

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

behaviour which the respondent has engaged or threatened to engaged in’.

 

Dr Hywel Francis

 

Simon Hughes

 

165

 

Parliamentary Star    

Clause  1,  page  2,  leave out line 6.

 

Secretary Theresa May

 

1

 

Clause  1,  page  2,  line  7,  leave out paragraph (b).

 


 

Secretary Theresa May

 

2

 

Clause  4,  page  3,  line  38,  at end insert—

 

‘( )    

the Natural Resources Body for Wales,’.

 

Secretary Theresa May

 

3

 

Clause  4,  page  3,  line  39,  leave out from ‘functions’ to end of line 43 and insert ‘,

 

or a Special Health Authority exercising security management functions on the direction

 

of the Secretary of State, or

 

( )    

the Welsh Ministers exercising security management functions, or a

 

person or body exercising security management functions on the

 

direction of the Welsh Ministers or under arrangements made between

 

the Welsh Ministers and that person or body.’.

 

Secretary Theresa May

 

4

 

Clause  4,  page  3,  line  44,  leave out paragraphs (h) and (i).

 

Secretary Theresa May

 

5

 

Clause  4,  page  4,  line  1,  at end insert—

 

‘( )    

In subsection (1) “security management functions” means—

 

(a)    

the Secretary of State’s security management functions within the

 

meaning given by section 195(3) of the National Health Service Act

 

2006;

 

(b)    

the functions of the Welsh Ministers corresponding to those functions.’.

 


 

Secretary Theresa May

 

6

 

Clause  8,  page  5,  line  21,  at end insert—

 

‘(za)    

a judge of the High Court or a judge of the county court, if the injunction

 

was granted by the High Court;’.


 
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Revised 11 October 2013