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Session 2013 - 14
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259

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Monday 14 October 2013

 

Report Stage Proceedings

 

Anti-social Behaviour, Crime and Policing Bill, As Amended

 

[First Day]

 

New ClausES and new schedules relating to the protection of persons

 

from harm of a sexual nature or relating to violent offender orders

 

Violent offender orders

 

Secretary Theresa May

 

Added  NC8

 

To move the following Clause:—

 

‘(1)    

In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender

 

orders), after subsection (5) there is inserted—

 

“(6)    

The Secretary of State may by order—

 

(a)    

amend subsection (3);

 

(b)    

make consequential amendments to subsection (4).”

 

(2)    

In section 147(5) of that Act (orders etc subject to affirmative resolution

 

procedure), after paragraph (d) there is inserted—

 

“(da)    

an order under section 98(6),”.

 

(3)    

In section 99 of that Act (qualifying offenders), in paragraph (b) of subsection (5)

 

(meaning of “relevant offence”) after “a specified offence” there is inserted “, or

 

the offence of murder,”.’.

 

 

Sexual harm prevention orders and sexual risk orders, etc

 

Secretary Theresa May

 

Added  NC14

 

To move the following Clause:—

 

‘(1)    

Schedule [Amendments of Part 2 of the Sexual Offences Act 2003] (amendments

 

of Part 2 of the Sexual Offences Act 2003) has effect.

 

(2)    

In section 142 of the Sexual Offences Act 2003 (extent etc)—

 

(a)    

in subsection (2) (provisions that extend to Northern Ireland, as well as

 

England and Wales), for paragraph (c) there is substituted—

 
 

Report Stage Proceedings: 14 October 2013                

260

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

“(c)    

sections 80 to 88, 89 to 91, 92 to 96, 96B to 103, 122F

 

and 130 to 136ZB;

 

(ca)    

Part 2A;”;

 

(b)    

after that subsection there is inserted—

 

“(2A)    

Sections 110, 117A, 119 and 123 to 129 extend only to Northern

 

Ireland.”

 

(c)    

In subsection (3) (provisions that extend to Scotland, as well as England

 

and Wales) for paragraph (a) there is substituted—

 

“(a)    

sections 80 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F,

 

130 to 132 and 133 to 136ZB;”;

 

(d)    

after that subsection there is inserted—

 

“(3A)    

Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only

 

to Scotland.

 

(3B)    

Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to

 

Northern Ireland and Scotland but not to England and Wales.”’.

 

 

Saving and transitional provision

 

Secretary Theresa May

 

Added  NC15

 

To move the following Clause:—

 

‘(1)    

In this section—

 

“the 2003 Act” means the Sexual Offences Act 2003;

 

“existing order” means—

 

(a)    

a sexual offences prevention order under section 104 of the 2003

 

Act;

 

(b)    

a foreign travel order under section 114 of that Act;

 

(c)    

a risk of sexual harm order under section 123 of that Act;

 

“new order” means—

 

(a)    

a sexual harm prevention order (made under section 103A of the

 

2003 Act, inserted by Schedule [Amendments of Part 2 of the

 

Sexual Offences Act 2003]);

 

(b)    

a sexual risk order (made under section 122A of that Act,

 

inserted by that Schedule);

 

“old order” means—

 

(a)    

a restraining order under section 5A of the Sex Offenders Act

 

1997;

 

(b)    

a sex offender order under section 2 of the Crime and Disorder

 

Act 1998.

 

(2)    

The repeal or amendment by this Act of sections 104 to 122 or sections 123 to

 

129 of the 2003 Act does not apply in relation to—

 

(a)    

an application made before the commencement day for an existing order;

 

(b)    

an existing order (whether made before or after that day) applied for

 

before that day;

 

(c)    

anything done in connection with such an application or order.

 
 

Report Stage Proceedings: 14 October 2013                

261

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(3)    

The following sections of the 2003 Act inserted by Schedule [Amendments of

 

Part 2 of the Sexual Offences Act 2003] apply (as appropriate) to an old order as

 

they apply to a new order—

 

(a)    

section 103E (variation, renewal and discharge of sexual harm

 

prevention order);

 

(b)    

section 103I (offence of breach of sexual harm prevention order);

 

(c)    

section 122E (variation, renewal and discharge of sexual risk order);

 

(d)    

section 122H (offence of breach of sexual risk order).

 

(4)    

As from the commencement day there may be no variation of an existing order or

 

an old order that extends the period of the order or of any of its provisions.

 

(5)    

At the end of the period of 5 years beginning with the commencement day—

 

(a)    

in relation to any existing order or old order that is still in force, sections

 

103E and 103I of the 2003 Act or sections 122E and 122H of that Act (as

 

appropriate) have effect, with any necessary modifications (and with any

 

modifications specified in an order under section 152(6) of this Act), as

 

if the provisions of the order were provisions of a new order;

 

(b)    

subsections (2) and (3) cease to have effect.

 

(6)    

In this section “commencement day” means the day on which this section comes

 

into force.’.

 

 

Child sexual abuse prevention orders

 

Nicola Blackwood

 

Mr William Cash

 

Keith Vaz

 

Jackie Doyle-Price

 

Kris Hopkins

 

Dan Byles

 

Ann Coffey

 

Sarah Newton

 

Robert Halfon

 

Penny Mordaunt

 

Mark Garnier

 

Jacob Rees-Mogg

 

Jason McCartney

 

Valerie Vaz

 

Mr Frank Field

 

Andrea Leadsom

 

Dr Philip Lee

 

Mr Peter Bone

 

Priti Patel

 

Richard Fuller

 

Robin Walker

 

Richard Harrington

 

Mr Brian Binley

 

Simon Kirby

 

Charlie Elphicke

 

Mr Robert Buckland

 

Gordon Henderson

 

Chris Heaton-Harris

 

Julian Sturdy

 

Mr Julian Brazier

 

Harriett Baldwin

 

Sir John Stanley

 

George Freeman

 

Pauline Latham

 

Philip Davies

 

Mr Richard Bacon

 

Mr Jonathan Djanogly

 

Mr Jim Cunnigham

 

Mr Stewart Jackson

 

Mr James Clappison

 

Tim Loughton

 

Fiona MacTaggart

 
 

Report Stage Proceedings: 14 October 2013                

262

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Stephen Barclay

 

Bill Wiggin

 

Mr Mark Spencer

 

Andrew Stephenson

 

Sarah Champion

 

Craig Whittaker

 

Charlotte Leslie

 

Jim Shannon

 

Mike Wood

 

Mike Freer

 

Caroline Lucas

 

Mr Dave Watts

 

Mr Philip Hollobone

 

Mr Adrian Sanders

 

Mr George Howarth

 

Zac Goldsmith

 

Dr Julian Lewis

 

Heather Wheeler

 

Sir Richard Shepherd

 

John Hemming

 

Dame Joan Ruddock

 

Simon Danczuk

 

Rosie Cooper

 

Greg Mulholland

 

Mr David Davis

 

Mark Pritchard

 

Not called  NC5

 

To move the following Clause:—

 

‘(1)    

The Sexual Offences Act 2003 is amended as follows.

 

(2)    

For sections 123 (Risk of sexual harm orders: applications, grounds and effect) to

 

129 (Effect of conviction etc. of an offence under section 128) substitute—

 

“123  

Child Sexual Abuse Prevention Orders: Applications and grounds

 

(1)    

On the application of a qualifying person, or on conviction of a qualifying

 

offence, a magistrates’ court may make a ‘child sexual abuse prevention

 

order’ if it is satisfied that it is necessary to make such an order for the

 

purposes of protecting children generally or any particular child from

 

serious sexual harm from the defendant.

 

(2)    

A qualifying person under subsection (1) shall be a chief officer of police

 

or an officer, of superintendant rank or above, in the NCA or other

 

relevant agency to be decided by the Home Secretary.

 

(3)    

In subsection (1) a defendant shall be considered to be convicted of a

 

qualifying offence who—

 

(a)    

is convicted of an offence listed in schedules 3 and 5;

 

(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;

 

(d)    

is cautioned in respect of such an offence;

 

(4)    

A chief officer of police may apply for an order under this section in

 

respect of a person who resides in his police area or who the chief officer

 

believes is in, or is intending to come to, his police area.

 

(5)    

An application under subsection (1) may be made to a magistrates’ court

 

whose commission area includes—

 

(a)    

any part of the police area, or

 

(b)    

any place where it is alleged that the defendant committed one or

 

more offences listed in schedules 3 and 5.

 

124    

Section 123: supplemental

 

(1)    

In this Part, ‘Child Sexual Abuse Prevention Order’ means an order

 

under section 123.

 

(2)    

Subsections (3) and (4) apply for the purposes of Section 1.

 

(3)    

‘Protecting children generally or any particular child from serious sexual

 

harm from the defendant’ means protecting persons under 18 or any

 

person under 18, in or outside the United Kingdom, from serious physical

 

or psychological harm caused by the defendant committing one or more

 

offences listed in Schedule 3.

 
 

Report Stage Proceedings: 14 October 2013                

263

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(4)    

Acts, behaviour, convictions, and findings include those occurring before

 

the commencement of this Part.

 

(5)    

In subsection (1)(1), a person shall also be considered to have been

 

convicted of a qualifying offence if, under law in force in a country

 

outside the United Kingdom and whether before or after the

 

commencement of this Part—

 

(a)    

he has been convicted of a relevant offence (whether or not he

 

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 he 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 he is under a disability and did the act

 

charged against him in respect of the offence, or

 

(d)    

he has cautioned in respect of a relevant offence.

 

(6)    

In subsection (5), a ‘relevant offence’ means an act which—

 

(a)    

constituted an offence under the law in force in the country

 

concerned, and

 

(b)    

would have consituted an offence within schedules 3 and 5 if it

 

had been done in any part of the United Kingdom.

 

(7)    

An act punishable under the law in force in a country outside the United

 

Kingdom constitutes an offence under that law for the purposes of

 

subsection (6), however it is described in that law.

 

(8)    

Subject to subsection (9), on an applicatioin under section 1 the condition

 

in subsection (6)(b) above (where relevant) is to be taken as met unless,

 

not later than rules of the court may provide, the defendant serves on the

 

applicant a notice—

 

(a)    

stating that, on the facts as alleged with respect to the act

 

concerned, the condition is not in his opinion met,

 

(b)    

showing his grounds for that opinion, and

 

(c)    

requiring the applicant to prove that the condition is met.

 

(9)    

The court, if it thinks fit, may permit the defendant to require the

 

applicant to prove that the condition is met without the service of a notice

 

under subsection (8).

 

125    

Child-SAPOs: effect

 

(1)    

A Child Sexual Abuse Prevention Order—

 

(a)    

prohibits the defendant from doing anything described in the

 

order, and

 

(b)    

has effect for a fixed period (not less than five years) specified in

 

the order or until further order.

 

(2)    

The only prohibitions that may be included in the order are those

 

necessary for the purpose of protecting children generally or any

 

particular child from serious sexual harm from the defendant.

 

(3)    

Where a court makes a child sexual abuse prevention order in relation to

 

a person already subject to such an order (whether made by that court or

 

another), the earlier order ceases to have effect.

 

(4)    

Section 3(3) applies for the purposes of this section and section 5.

 
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Revised 15 October 2013