House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 14 October 2013
1041

Anti-social Behaviour, Crime and Policing Bill, continued

year, so that it may be used in any complaints process that may

follow.’.

Dr Hywel Francis

Simon Hughes

179

Schedule  7,  page  147,  line  16,  at end insert—

‘Limits on duty to give information and documents

1A
In paragraph 5(1) of Schedule 7 to the Terrorism Act 2000, before “A person

who is questioned” there is inserted “Subject to paragraph 9A below”.’.

Dr Hywel Francis

Simon Hughes

178

Schedule  7,  page  147,  line  25,  at end insert—

‘(2A)
A person questioned under paragraph 2 or 3 may not be detained under paragraph

6 unless the examining officer has reasonable grounds to suspect that he is a

person falling within section 40(1)(b).’.

Dr Hywel Francis

Simon Hughes

180

Schedule  7,  page  147,  line  33,  before paragraph 3 insert—

‘2A
In paragraph 8(1) of Schedule 7 to the Terrorism Act 2000, before ‘An

examining officer’ there is inserted ‘Subject to paragraph 9A below.’.

Dr Hywel Francis

Simon Hughes

181

Schedule  7,  page  148,  line  20,  at end insert—

‘3A
In paragraph 9(1) of Schedule 7 to the Terrorism Act 2000, before “An

examining officer” there is inserted “Subject to paragraph 9A below.”.

3B
In Schedule 7 to the Terrorism Act 2000, after paragraph 9 there is inserted—

“Data stored on personal electronic devices

9A  (1)
For the purposes of this Schedule—

(a)
the information or documents which a person can be

required to give the examining officer under paragraph 5,

(b)
the things which may be searched under paragraph 8, and

(c)
the property which may be examined under paragraph 9,


do not include data stored on personal electronic devices unless the

person is detained under paragraph 6.

      (2)
“Personal electronic device” includes a mobile phone, a personal

computer and any other portable electronic device on which

personal information is stored.”.’.

Consideration of Bill: 14 October 2013
1042

Anti-social Behaviour, Crime and Policing Bill, continued

Dr Julian Huppert

156

Schedule  7,  page  148,  line  38,  at end insert—

    ‘(4)
The copy, and information derived from it, may be used for no other purposes

than those specified in subparagraph (3).’.

Dr Hywel Francis

Simon Hughes

182

Schedule  7,  page  148,  line  38,  at end insert—

‘Audio and video-recording of interviews

4A
In paragraph 3(6) of Schedule 8 to the Terrorism Act 2000, the words “if the

interview takes place in a police station” are omitted.’.

Dr Julian Huppert

157

Schedule  7,  page  148,  line  38,  at end insert—

‘Right to silence

4A
In Schedule 7 to the Terrorism Act 2000, after paragraph 18 there is inserted—

“18A
Right to silence


Nothing in this Schedule—

(a)
imposes a duty on a person to respond to questioning; or

(b)
allows inferences to be drawn from their silence.”.’.

Dr Julian Huppert

152

Schedule  7,  page  148,  line  42,  at end insert—

  ‘(2A)
In paragraph 6(1) the words “Subject to paragraph 8” are omitted.’.

Dr Julian Huppert

153

Schedule  7,  page  148,  line  43,  after ‘7(1)’, insert—

‘(a)
the words “Subject to paragraphs 8 and 9” are omitted;

(b)
’.

Dr Julian Huppert

154

Schedule  7,  page  148,  line  43,  at end insert—

  ‘(3A)
Paragraph 8 is omitted.’.

Dr Julian Huppert

155

Schedule  7,  page  149,  line  1,  at end insert—

  ‘(4A)
Paragraph 9 is omitted.’.

Consideration of Bill: 14 October 2013
1043

Anti-social Behaviour, Crime and Policing Bill, continued

Dr Hywel Francis

Simon Hughes

183

Schedule  7,  page  150,  line  2,  after ‘officer’ leave out ‘at such intervals as may be

specified in, and otherwise in accordance with, the code of practice, and insert—

  ‘(2A)
The first review shall be carried out as soon as is reasonably practicable after

the time of the person’s detention and not more than one hour from that time.

    (2B)
Subsequent reviews shall be carried out at intervals of not more than 2 hours.’.

Yvette Cooper

Mr David Hanson

Jack Dromey

Diana Johnson

Mr Steve Reed

Helen Jones

Phil Wilson

96

Schedule  8,  page  155,  line  32,  leave out paragraphs 24 to 27.

Secretary Theresa May

82

Schedule  8,  page  158,  line  20,  at end insert—

‘Government of Wales Act 2006 (c. 32)

<\t< 0>
In Schedule 7 to the Government of Wales Act 2006 (legislative competence of

Welsh Assembly), in the list of exceptions in paragraph 12, for “Anti-social

behaviour orders” there is substituted “Orders to protect people from

behaviour that causes or is likely to cause harassment, alarm or distress”.’.

Secretary Theresa May

94

Schedule  8,  page  161,  line  8,  at end insert—

‘Part 1A

Amendments relating to Part 8A

Criminal Procedure (Scotland) Act 1995 (c. 46)


In section 19AA of the Criminal Procedure (Scotland) Act 1995 (samples etc

from sex offenders), in subsection (1)(c), after “an order under section” there

is inserted “122A or”.


In section 19AB of that Act (supplementary provision in risk of sexual harm

order cases), in subsection (7), at the end of the definition of “risk of sexual

harm order” there is inserted—

“and also includes an order under section 122A of the 2003 Act

(sexual risk orders);”.

Consideration of Bill: 14 October 2013
1044

Anti-social Behaviour, Crime and Policing Bill, continued

Police Act 1997 (c. 50)

    (1)
Section 113CA of the Police Act 1997 (suitability information relating to

children) is amended as follows.

      (2)
After paragraph (f) of subsection (2) there is inserted—

“(fa)
if a sexual harm prevention order, made under section 103A

of the Sexual Offences Act 2003, is in effect in respect of the

applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which the prohibitions have effect by

virtue of section 103C(2) or 103D(1) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 103E(5) of that Act;

(fb)
if an interim sexual harm prevention order, made under

section 103F of the Sexual Offences Act 2003, is in effect in

respect of the applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which that order has effect by virtue of

section 103F(4) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 103F(5) of that Act;”.

      (2)
After paragraph (i) of that subsection there is inserted—

“(ia)
if a sexual risk order, made under section 122A of the Sexual

Offences Act 2003, is in effect in respect of the applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which the prohibitions have effect by

virtue of section 122A(7) or 122C(1) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 122D(4) of that Act;

(ib)
if an interim sexual risk order, made under section 122E of the

Sexual Offences Act 2003, is in effect in respect of the

applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which that order has effect by virtue of

section 122E(4) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 122E(5) of that Act;”.

    (1)
Section 113CB of that Act (suitability information relating to protected adults)

is amended as follows.

      (2)
After paragraph (f) of subsection (2) there is inserted—

“(fa)
if a sexual harm prevention order, made under section 103A

of the Sexual Offences Act 2003, is in effect in respect of the

applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which the prohibitions have effect by

virtue of section 103C(2) or 103D(1) of that Act;

Consideration of Bill: 14 October 2013
1045

Anti-social Behaviour, Crime and Policing Bill, continued

(iv)
details as to whether the order has been varied or

renewed under section 103E(5) of that Act;

(fb)
if an interim sexual harm prevention order, made under

section 103F of the Sexual Offences Act 2003, is in effect in

respect of the applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which that order has effect by virtue of

section 103F(4) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 103F(5) of that Act;”.

      (2)
After paragraph (i) of that subsection there is inserted—

“(ia)
if a sexual risk order, made under section 122A of the Sexual

Offences Act 2003, is in effect in respect of the applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which the prohibitions have effect by

virtue of section 122A(7) or 122C(1) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 122D(4) of that Act;

(ib)
if an interim sexual risk order, made under section 122E of the

Sexual Offences Act 2003, is in effect in respect of the

applicant—

(i)
the prohibitions described in that order;

(ii)
the date of that order;

(iii)
the period for which that order has effect by virtue of

section 122E(4) of that Act;

(iv)
details as to whether the order has been varied or

renewed under section 122E(5) of that Act;”.

Crime and Disorder Act 1998 (c. 37)

    (1)
Section 8 of the Crime and Disorder Act 1998 (parenting orders) is amended

as follows.

      (2)
For “sexual offences prevention order” there is substituted “sexual harm

prevention order”—

(a)
in subsection (1)(b);

(b)
in subsection (6)(a).

      (3)
For subsection (9) there is substituted—

“(9)
In this section “sexual harm prevention order” means an order under

section 103A of the Sexual Offences Act 2003 (sexual harm

prevention orders).”

Sexual Offences Act 2003 (c. 42)

<\t< 0>
In section 88 of the Sexual Offences Act 2003 (section 87: interpretation), in

subsection (4)(c), after “interim notification order,” there is inserted “sexual

harm prevention order, interim sexual harm prevention order,”.

<\t< 0>
In section 89 of that Act (young offenders: parental directions), in the Table in

subsection (1), after “interim notification order,” there is inserted “sexual harm

prevention order, interim sexual harm prevention order,”.

Consideration of Bill: 14 October 2013
1046

Anti-social Behaviour, Crime and Policing Bill, continued

<\t< 0>
In section 91A of that Act (review of indefinite notification requirements:

qualifying young offender), in subsection (2)(b), after “not subject to” there is

inserted “a sexual harm prevention order under section 103A, an interim

sexual harm prevention order under section 103F,”.

<\t< 0>
In the cross-heading before section 104 of that Act (sexual offences prevention

orders: application and grounds), after “orders” there is inserted “(Scotland

and Northern Ireland)”.

<\t< 0>
In section 108 of that Act (SOPOs: variations, renewals and discharges), in

subsection (8)(b) the words “2 or” and “England and Wales or” are omitted.

<\t< 0>
In section 109 of that Act (interim SOPOs), in subsection (7)(a) the words “2A

or” and “England and Wales or” are omitted.

      (1)
Section 110 of that Act (SOPO and interim SOPOs: appeals) is amended as

follows.

      (2)
For the heading there is substituted “Appeals in relation to SOPOs and

interim SOPOs: Northern Ireland”.

      (3)
In subsections (1)(c), (2) and (3)(b), for “the Crown Court” there is substituted

“a county court”.

      (4)
In subsection (4), for “the Crown Court” there is substituted “the county

court”.

      (5)
For subsection (5) there is substituted—

“(5)
Any order made by a county court on an appeal under subsection (1)(c)

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

a court of summary jurisdiction) is for the purposes of section 108(7)

or 109(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 county

court).”

      (1)
Section 113 of that Act (offence: breach of SOPO or interim SOPO) is

amended as follows.

      (2)
In the heading, at the end there is inserted “etc”.

      (3)
In subsection (1), in paragraph (d) the words “2, 2A or” and “in England and

Wales and” are omitted.

      (4)
After that subsection there is inserted—

“(1A)
A person commits an offence if, without reasonable excuse, he

contravenes a prohibition imposed by—

(a)
a sexual harm prevention order, or

(b)
an interim sexual harm prevention order,


other than a prohibition on foreign travel.”

<\t< 0>
In the cross-heading before section 114 of that Act (foreign travel orders:

applications and grounds), after “orders” there is inserted “(Scotland and

Northern Ireland)”.

      (1)
Section 117A of that Act (foreign travel orders: surrender of passports) is

amended as follows.

      (2)
For the heading there is substituted “Surrender of passports: Northern

Ireland”.

      (3)
In subsection (2), after “at a police station” there is inserted “in Northern

Ireland”.

      (4)
In subsection (3), at the end there is inserted “(unless the person is subject to

an equivalent prohibition under another order)”.


In section 117B of that Act (surrender of passports: Scotland), at the end of

subsection (3) there is inserted “(unless the person is subject to an equivalent

prohibition under another order)”.

Consideration of Bill: 14 October 2013
1047

Anti-social Behaviour, Crime and Policing Bill, continued

    (1)
Section 119 of that Act (foreign travel orders: appeals) is amended as follows.

      (2)
For the heading there is substituted “Appeals in relation to foreign travel

orders: Northern Ireland”.

      (3)
In subsection (1), for “the Crown Court” there is substituted “a county court”.

      (4)
In subsection (2), for “the Crown Court” there is substituted “the county

court”.

      (5)
For subsection (3) there is substituted—

“(3)
Any order made by a county court on an appeal under subsection (1)(a)

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

of summary jurisdiction) is for the purposes of section 118(5) to be

treated as if it were an order of the court from which the appeal was

brought (and not an order of the county court).”

    (1)
Section 122 (offence: breach of foreign travel order) is amended as follows.

      (2)
In the heading, at the end there is inserted “etc”.

      (3)
In subsection (1)—

(a)
for “excuse, he” there is substituted “excuse—

(a)
he”;

(b)
at the end there is inserted “, or

(b)
he contravenes a prohibition on foreign travel

imposed by a sexual harm prevention order.”

      (4)
In subsection (1B)(a) the words “England and Wales and” are omitted.

<\t< 0>
In the cross-heading before section 123 of that Act, after “orders” there is

inserted “(Northern Ireland)”.

    (1)
Section 123 of that Act (risk of sexual harm orders: application, grounds and

effect) is amended as follows.

      (2)
In subsection (1)—

(a)
for “A chief officer of police” there is substituted “The Chief

Constable of the Police Service of Northern Ireland”;

(b)
for “a magistrates’ court” there is substituted “a court of summary

jurisdiction”;

(c)
for “his police area” (in both places) there is substituted “Northern

Ireland”;

(d)
for “the chief officer” (in both places) there is substituted “the Chief

Constable”.

      (3)
Subsection (2) is repealed.

    (1)
Section 125 (RSHOs: variation, renewals and discharges) is amended as

follows.

      (2)
In subsection (2), for paragraphs (b) to (d) there is substituted—

“(b)
the Chief Constable of the Police Service of Northern

Ireland.”

      (3)
In subsection (3), for “and (if they wish to be heard) the other persons

mentioned in subsection (2)” there is substituted “, and the other person

mentioned in subsection (2) (if that person wishes to be heard)”.

      (4)
In subsection (5), for the words after “without the consent of the defendant

and” there is substituted “the Chief Constable of the Police Service of Northern

Ireland”.

      (5)
In subsection (7), for paragraphs (b) and (c) there is inserted—

“(b)
a court of summary jurisdiction for the petty sessions district

which includes the area where the defendant resides;



© Parliamentary copyright	Revised 14 October 2013