Session 2013 - 14
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Consideration of Bill: 15 October 2013                  

1098

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

            

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.”

 

            

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)”.

 

    (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—


 
 

Consideration of Bill: 15 October 2013                  

1099

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

“(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.

 

            

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;

 

(c)    

where the application is made by the Chief Constable of the

 

Police Service of Northern Ireland, any court of summary

 

jurisdiction.”

 

          

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”.


 
 

Consideration of Bill: 15 October 2013                  

1100

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

      (3)  

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

 

court”.

 

      (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

 

court).”

 

    (1)  

Section 128 (offence: breach of RSHO or interim RSHO) is amended as

 

follows.

 

      (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,

 

(c)    

a sexual risk 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),

 

    

commits an offence.”

 

    (1)  

Section 129 (effect of conviction etc of an offence under section 128) is

 

amended as follows.

 

      (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

 

or”.

 

      (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

 

interim order.

 

(6)    

In subsection (5)—

 

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

 

Protection of Children and Prevention of Sexual Offences (Scotland)

 

Act 2005;

 

“interim risk of sexual harm order” includes an order under section 5 of

 

that Act.”

 

    (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—


 
 

Consideration of Bill: 15 October 2013                  

1101

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

““interim sexual harm prevention order” has the meaning given by

 

section 103F(2);”;

 

““interim sexual risk order” has the meaning given by section 122E(2);”;

 

““prohibition on foreign travel” has the meaning given by section

 

103D(2) or 122C(2);”;

 

““sexual harm prevention order” has the meaning given by section

 

103A(1);”;

 

““sexual risk order” has the meaning given by section 122A(1);”.

 

            

In section 136 of that Act (Part 2: Northern Ireland), for subsection (8) there is

 

substituted—

 

“(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

 

as follows.

 

      (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

 

or 122E or”.

 

    (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

 

Northern Ireland)”.

 

      (4)  

In subsection (1)(b), after “an offence under section” there is inserted “122H

 

or”.

 

      (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—


 
 

Consideration of Bill: 15 October 2013                  

1102

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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.’.

 

Secretary Theresa May

 

83

 

Schedule  8,  page  161,  line  36,  at end insert—

 

‘Police Act 1997 (c. 50)

 

            

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),”.’.

 

Secretary Theresa May

 

84

 

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

 

Scotland”.’.

 

Secretary Theresa May

 

85

 

Schedule  8,  page  164,  line  4,  leave out ‘The’ and insert ‘In the Schedule, the’.

 

Secretary Theresa May

 

86

 

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)

  
 

Secretary Theresa May

 

87

 

Schedule  8,  page  165,  line  4,  at end insert—

 

            

‘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”.’.


 
 

Consideration of Bill: 15 October 2013                  

1103

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Secretary Theresa May

 

88

 

Schedule  8,  page  165,  line  23,  at end insert—

 

            

‘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”.’.

 

Secretary Theresa May

 

89

 

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)

 

is amended as follows.

 

      (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”.

 

      (3)  

In subsection (5)—

 

(a)    

for “But notice of an appeal” there is substituted “Notice of application

 

for leave to appeal”

 

(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”.

 

      (5)  

In subsection (7)—

 

(a)    

for “notice of an appeal” there is substituted “notice of application for

 

leave to appeal”;

 

(b)    

for “consider the appeal” there is substituted “grant leave”;

 

(c)    

for “to consider the appeal” there is substituted “for the appeal to be

 

heard”.

 

      (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”.’.

 

Secretary Theresa May

 

90

 

Schedule  8,  page  165,  line  26,  at end insert—

 

            

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”.’.

 

Secretary Theresa May

 

91

 

Schedule  8,  page  166,  line  33,  at end insert—

 

‘Part 4

 

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—


 
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