|
|
| |
| |
|
| | (c) | where the application is made by the Chief Constable of the |
|
| | Police Service of Northern Ireland, any court of summary |
|
| | |
| | | In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has |
|
| | made that application” there is substituted “the Chief Constable of the Police |
|
| | Service of Northern Ireland”. |
|
| | (1) | Section 127 (RSHOs and interim RSHOs) is amended as follows. |
|
| | (2) | In subsection (1), for “the Crown Court” there is substituted “a county court”. |
|
| | (3) | In subsection (2), for “the Crown Court” there is substituted “the county |
|
| | |
| | (4) | For subsection (3) there is substituted— |
|
| | “(3) | Any order made by a county court on an appeal under subsection (1)(a) |
|
| | or (b) (other than an order directing that an application be re-heard by |
|
| | a court of summary jurisdiction) is for the purposes of section 125(7) |
|
| | or 126(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 county |
|
| | |
| | (1) | Section 128 (offence: breach of RSHO or interim RSHO) is amended as |
|
| | |
| | (2) | In the heading, after “interim RSHO” there is inserted “etc”. |
|
| | (3) | For subsections (1) and (1A) there is substituted— |
|
| | “(1) | A person who, without reasonable excuse, does anything that the |
|
| | person is prohibited from doing by— |
|
| | (a) | a risk of sexual harm order, |
|
| | (b) | an interim risk of sexual harm order, |
|
| | |
| | (d) | an interim sexual risk 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), |
|
| | |
| | (1) | Section 129 (effect of conviction etc of an offence under section 128) is |
|
| | |
| | (2) | In the heading, after “section 128” there is inserted “etc” |
|
| | (3) | In subsection (1A)(a), after “an offence under section” there is inserted “122H |
|
| | |
| | (4) | For subsection (5) there is substituted— |
|
| | “(5) | In this section “relevant order” means— |
|
| | (a) | where the conviction, finding or caution within subsection (1) |
|
| | is in respect of a breach of a risk of sexual harm order or a |
|
| | sexual risk order, that order; |
|
| | (b) | where the conviction, finding or caution within subsection (1) |
|
| | is in respect of a breach of an interim risk of sexual harm order |
|
| | or an interim sexual risk order, any risk of sexual harm order |
|
| | or sexual risk order made on the hearing of the application to |
|
| | which the interim order relates or, if no such order is made, the |
|
| | |
| | |
|
|
| |
| |
|
| | “risk of sexual harm order” includes an order under section 2 of the |
|
| | Protection of Children and Prevention of Sexual Offences (Scotland) |
|
| | |
| | “interim risk of sexual harm order” includes an order under section 5 of |
|
| | |
| | (1) | Section 133 of that Act (Part 2: general interpretation) is amended as follows. |
|
| | (2) | In subsection (1), at the appropriate places there is inserted— |
|
| | ““interim sexual harm prevention order” has the meaning given by |
|
| | |
| | ““interim sexual risk order” has the meaning given by section 122E(2);”; |
|
| | ““prohibition on foreign travel” has the meaning given by section |
|
| | |
| | ““sexual harm prevention order” has the meaning given by section |
|
| | |
| | ““sexual risk order” has the meaning given by section 122A(1);”. |
|
| | <\t< 0> | In section 136 of that Act (Part 2: Northern Ireland), for subsection (8) there is |
|
| | |
| | “(8) | The reference in section 101 to the Crown Court is to be read as a |
|
| | reference to a county court.” |
|
| | Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) |
|
| | (1) | Section 7 of the Protection of Children and Prevention of Sexual Offences |
|
| | (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO) is amended |
|
| | |
| | (2) | In the heading, after “interim RSHO” there is inserted “etc”. |
|
| | (3) | In subsection (2), after “an order made under” there is inserted “section 122A |
|
| | |
| | (1) | Section 8 of that Act (effect of conviction etc under section 7 of that Act or |
|
| | section 128 of the Sexual Offences Act 2003) is amended as follows. |
|
| | (2) | In the heading, after “or section” there is inserted “122H or”. |
|
| | (3) | In subsection (1)(a), for the words after “an offence under section 7 above” |
|
| | there is substituted “, section 122H of the 2003 Act (breach of sexual risk order |
|
| | or interim sexual risk order in England and Wales) or section 128 of that Act |
|
| | (breach of risk of sexual harm order or interim risk of sexual harm order in |
|
| | |
| | (4) | In subsection (1)(b), after “an offence under section” there is inserted “122H |
|
| | |
| | (5) | In the definition of “relevant order” in subsection (5)— |
|
| | (a) | in paragraph (a), for “section 123” there is substituted “an order under |
|
| | section 122A or section 123”; |
|
| | (b) | in paragraph (b), after “a breach of” there is inserted “a sexual risk |
|
| | order under section 122A of the 2003 Act or”; |
|
| | (c) | for paragraphs (c) and (d) there is substituted— |
|
| | “(c) | where the conviction or finding referred to in |
|
| | subsection (1)(a), (c) or (d) above is in respect of a |
|
| | breach of an interim risk of sexual harm order under |
|
| | section 5 above or an interim order under section |
|
| | 122E or 126 of the 2003 Act— |
|
| | (i) | any risk of sexual harm order or sexual risk |
|
| | order made upon the application to which the |
|
| | interim order relates; or |
|
|
|
| |
| |
|
| | (ii) | if no risk of sexual harm order or sexual risk |
|
| | order has been made, the interim order; |
|
| | (d) | where the caution referred to in subsection (1)(b) |
|
| | above is in respect of a breach of an interim order |
|
| | under section 122E or 126 of the 2003 Act— |
|
| | (i) | any order under section 122A or 123 of that |
|
| | Act made upon the application to which the |
|
| | interim order relates; or |
|
| | (ii) | if no order under section 122A or 123 of that |
|
| | Act has been made, the interim order.” |
|
| | Violent Crime Reduction Act 2006 (c. 38) |
|
| | | In section 56 of the Violent Crime Reduction Act 2006 (cross-border |
|
| | provisions relating to sexual offences), subsection (2) is repealed.’. |
|
| |
| | |
| Schedule 8, page 161, line 36, at end insert— |
|
| | |
| | <\t< 0> | In section 137 of the Police Act 1997 (extent), in subsection (2) (provisions |
|
| | extending to England and Wales only), after “sections” in paragraph (e) there |
|
| | is inserted “125(1A),”.’. |
|
| |
| | |
| Schedule 8, page 163, line 35, at end insert— |
|
| | ‘Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and |
|
| | Modifications) Order 2013 (S.I. 2013/602) |
|
| | | In article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential |
|
| | Provisions and Modifications) Order 2013 (pensions: special constables and |
|
| | police cadets), in paragraph (2), for “the Police Negotiating Board for the |
|
| | United Kingdom” there is substituted “the Police Negotiating Board for |
|
| | |
| |
| | |
| Schedule 8, page 164, line 4, leave out ‘The’ and insert ‘In the Schedule, the’. |
|
| |
| | |
| Schedule 8, page 164, line 32, at end insert — |
|
| ‘Police and Fire Reform (Scotland) Act 2012 |
| In Schedule 1, paragraph 5(4) to (6).’. |
| | | | (Consequential Provisions and Modific- |
| | | | | ations) Order 2013 (S.I. 2013/602) |
| | | |
|
|
|
| |
| |
|
| |
| | |
| Schedule 8, page 165, line 4, at end insert— |
|
| | <\t< 0> | ‘In section 28 of that Act (appeal against discharge at extradition hearing: |
|
| | category 1 territory), in subsection (5), for “Notice of an appeal” there is |
|
| | substituted “Notice of application for leave to appeal”.’. |
|
| |
| | |
| Schedule 8, page 165, line 23, at end insert— |
|
| | <\t< 0> | ‘In section 105 of that Act (appeal against discharge at extradition hearing: |
|
| | category 2 territory), in subsection (5), for “Notice of an appeal” there is |
|
| | substituted “Notice of application for leave to appeal”.’. |
|
| |
| | |
| Schedule 8, page 165, line 24, leave out paragraph 74 and insert— |
|
| | ‘74(1) | Section 108 of that Act (appeal against extradition order: category 2 territory) |
|
| | |
| | (2) | In subsection (4), for the words before “is 14 days” there is substituted “Notice |
|
| | of application for leave to appeal under this section must be given— |
|
| | (a) | in accordance with rules of court, and |
|
| | (a) | subject to subsections (5) and (7A), before the end of the |
|
| | permitted period, which”. |
|
| | |
| | (a) | for “But notice of an appeal” there is substituted “Notice of application |
|
| | |
| | (b) | after “if it is an” there is inserted “application for leave to”. |
|
| | (4) | In subsection (6), for the words before “before the person is extradited” there |
|
| | is substituted “Notice of application for leave to appeal on human rights |
|
| | grounds given after the end of the permitted period must be given”. |
|
| | |
| | (a) | for “notice of an appeal” there is substituted “notice of application for |
|
| | |
| | (b) | for “consider the appeal” there is substituted “grant leave”; |
|
| | (c) | for “to consider the appeal” there is substituted “for the appeal to be |
|
| | |
| | (6) | In subsection (8), for ““appeal on human rights grounds” means an appeal” |
|
| | there is substituted ““to appeal on human rights grounds” means to appeal”.’. |
|
| |
| | |
| Schedule 8, page 165, line 26, at end insert— |
|
| | <\t< 0> | In section 110 of that Act (appeal against discharge by Secretary of State), in |
|
| | subsection (5), for “Notice of an appeal” there is substituted “Notice of |
|
| | application for leave to appeal”.’. |
|
|
|
| |
| |
|
| |
| | |
| Schedule 8, page 166, line 33, at end insert— |
|
| | |
| | Amendments consequential on establishment of Police Service of Scotland |
|
| | Terrorism Act 2000 (c. 11) |
|
| | (1) | Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows. |
|
| | (2) | In paragraph 20B(10), for paragraph (b) of the definition of “a specified chief |
|
| | officer of police” there is substituted— |
|
| | “(b) | the chief constable of the Police Service of Scotland, |
|
| | |
| | (i) | the person who provided the material, or from |
|
| | whom it was taken, resides in Scotland, or |
|
| | (ii) | the chief constable believes that the person is in, or |
|
| | is intending to come to, Scotland.” |
|
| | |
| | (a) | for paragraphs (d) and (e) of the definition of “police force” there is |
|
| | |
| | “(d) | the Police Service of Scotland; |
|
| | (e) | the Scottish Police Authority;”; |
|
| | (b) | in the second of the three definitions of “responsible chief officer of |
|
| | police”, for the words after “the chief constable of” there is substituted |
|
| | “the Police Service of Scotland”. |
|
| | Counter-Terrorism Act 2008 (c. 28) |
|
| | | In section 18D of the Counter-Terrorism Act 2008 (use of retained material), |
|
| | in subsection (2) for “the Scottish Police Services Authority” there is |
|
| | substituted “the Scottish Police Authority”. |
|
| | | In section 18E(1) of that Act (interpretation of sections 18 to 18E), for |
|
| | paragraph (d) of the definition of “police force” there is substituted— |
|
| | “(d) | the Police Service of Scotland;”.’. |
|
| |
| New Clauses and new schedules relating to the control of dogs; |
|
| amendments to part 7; remaining proceedings on consideration |
|
| | Amendment of Breeding of Dogs Act 1973 |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘In section 1(4) of the Breeding of Dogs Act 1973 omit subsection (g) and |
|
| | |
|
|
| |
| |
|
| | “(g) | that bitches do not breed more than two litters per year without an |
|
| | appropriate licence from the local authority.”.’. |
|
| |
| | |
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Where an authorised officer has reasonable cause to believe that a dog is not |
|
| | under sufficient control and requires greater control in any place, as a |
|
| | preventative measure to protect the public, the dog itself, or another protected |
|
| | animal, he or she may serve on the owner, and if different, person for the time |
|
| | being in charge of the dog a written control notice which— |
|
| | (a) | states that he or she is of that belief; |
|
| | (b) | specifies the respects in which he or she believes the owner, and if |
|
| | different, the person for the time being in charge of the dog is failing to |
|
| | keep the dog under sufficient control; |
|
| | (c) | specifies the steps he or she requires the owner, and if different, the |
|
| | person for the time being in charge of the dog to take in order to comply |
|
| | |
| | (d) | specifies the date by which the terms of the notice must be complied with; |
|
| | |
| | (e) | specifies the date that the notice expires which will not be for a period |
|
| | which exceeds six months. |
|
| | (2) | In a control notice pursuant to subsection (1)(c) an authorised officer must require |
|
| | a dog to be microchipped (if not already done) and the owner, and if different, the |
|
| | person for the time being in charge of the dog, register the dog with a microchip |
|
| | database, and may require the following steps, where appropriate, but not limited |
|
| | |
| | (a) | keeping the dog muzzled as directed; |
|
| | (b) | keeping the dog on a lead when in public or under control as directed; |
|
| | (c) | requiring the owner, and if different, the person for the time being in |
|
| | charge of the dog, to seek and implement expert advice about training and |
|
| | |
| | (d) | having the dog neutered where appropriate; and |
|
| | (e) | keeping the dog away from particular places or persons. |
|
| | (3) | Failure to comply with the steps required in a control notice within the time |
|
| | period specified, to the satisfaction of the authorised officer may lead to a |
|
| | complaint to a magistrates’ court under section 2 of the Dogs Act 1871. |
|
| | (4) | The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner, |
|
| | and if different, the person for the time being in charge of a dog fails to comply |
|
| | with the steps required in a control notice within the time period specified in |
|
| | accordance with subsection (3) above as they would apply if a dog was dangerous |
|
| | and not kept under proper control. |
|
|
|
| |
| |
|
| | (5) | An “authorised officer” is a person that has been appointed by the local authority |
|
| | or police for the purposes of this Act. |
|
| | (6) | A “protected animal” is one that is commonly domesticated in the British Islands, |
|
| | is under the control of man whether on a permanent or temporary basis, or is not |
|
| | living in a wild state.’. |
|
| |
| | Dog number control notice |
|
| |
| |
| |
| |
| |
| |
| |
| |
| | |
| | |
| To move the following Clause:— |
|
| | ‘‘(1) | This section applies where more than one dog is being kept in a domestic property |
|
| | |
| | (2) | Where an authorised officer has reasonable cause to believe that the number of |
|
| | dogs being kept in a domestic property gives rise to a risk that any one or more of |
|
| | the dogs may become dangerously out of control while in or partly in the |
|
| | domestic property (“the risk”), he or she may serve on the person in charge a |
|
| | written control notice which— |
|
| | (a) | states that the authorised officer is of that belief; |
|
| | (b) | specifies the maximum number of dogs which, in the opinion of the |
|
| | authorised officer, are capable of being kept in the domestic property |
|
| | such as to sufficiently reduce the risk; |
|
| | (c) | requires the person in charge to reduce the number of dogs kept in the |
|
| | domestic property to no more than the number specified under paragraph |
|
| | |
| | (d) | specifies the date by which the terms of the control notice must be |
|
| | |
| | (3) | A control notice may be served on more than one person in respect of one |
|
| | |
| | (4) | It is an offence for a person without reasonable excuse to fail to comply with a |
|
| | requirement under subsection (2). |
|
| | (5) | A person guilty of an offence under this section is liable on summary conviction |
|
| | to a fine not exceeding level 3 on the standard scale. |
|
| | (6) | An authorised officer may make a complaint to a Magistrates’ Court if a person |
|
| | in charge fails, to the satisfaction of the authorised officer, to comply with the |
|
| | steps required in a control notice within the time period specified. |
|
| | (7) | A Magistrates’ Court receiving a complaint under subsection (6) shall, if it finds |
|
| | that the person in charge has failed to comply with the steps required in a control |
|
| | notice, make an order in a summary way directing any of the dogs kept in the |
|
| | domestic property to be destroyed. |
|
| | |
|