House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

Report Stage Proceedings: 14 October 2013
264

Anti-social Behaviour, Crime and Policing Bill, continued

126
Child-SAPOs: variations, renewals and discharges

(1)
A person within subsections (2) may apply to the appropriate court for an

order varying, renewing or discharging a child sexual abuse prevention

order.

(2)
The persons are—

(a)
the defendant;

(b)
the chief officer of police for the area in which the defendant

resides;

(c)
a chief officer of police who believes that the defendant is in, or

is intending to come on to, his police area;

(d)
where an order was made on an application under section 1(1),

the chief officer or other qualifying person who made the

application.

(3)
An application under subsection (1) may be made—

(a)
where the appropriate court is the Crown Court, in accordance

with rules of the court;

(b)
in any other case, by complaint.

(4)
Subject to subsections (5) and (6), on the application of the court, after

hearing the person making the application and (if they wish to be heard)

the other persons mentioned in subsection (2), may make any order,

varying, renewing or discharging the child sexual abuse prevention

order, that the court considers appropriate.

(5)
An order may be renewed, or varied so as to impose additional

prohibitions on or to lift prohibitions from the defendant, only if it is

necessary to do so for the purposes of protecting children generally or

any particular child from serious sexual harm from the defendant (and

any renewed or varied order may contain only such prohibitions as are

necessary for this purpose).

(6)
The court must not discharge an order before the end of five years

beginning with the day on which the order was made, without the consent

of the defendant and—

(a)
where the application is made by a chief officer of police, that

chief officer, or other qualifying person or

(b)
in any other case, the chief officer of police for the area in which

the defendant resides.

(7)
In this section ‘the appropriate court’ means—

(a)
where the Crown Court or the Court of Appeal made the child

sexual abuse prevention order, the Crown Court;

(b)
where a magistrates’ court made the order, that court, a

magistrates’ court for the area in which the defendant resides, or

where the application is made by a chief officer of police, any

magistrates’ court whose commission area includes any part of

the chief officers’ police area or any area where the alleged

offences occurred.

(c)
where a youth court made the order, that court, the youth court

for the area in which the defendant resides or, where the

application is made, any youth court whose commission area

includes any part of a chief officer’s police area or any place

where the alleged offences occurred.

Report Stage Proceedings: 14 October 2013
265

Anti-social Behaviour, Crime and Policing Bill, continued

(8)
This section applies to orders under—

(a)
Section 5A of the Sex Offenders Act 1997 (c.51) (restraining

orders),

(b)
Section 2 or 20 of the Crime and Disorder Act 1998 (c.37) (sex

offender orders made in England and Wales and Scotland),

(c)
Article 6 of the Criminal Justice (Northern Ireland) Order 1998

(S.I., 1998/2839 (N.I. 20)) (sex offender orders made in Northern

Ireland), and

(d)
as it applies to child sexual abuse prevention orders.

127
Interim Child-SAPOs

(1)
This section applies where an application under section 123(1) (‘the main

application’) has not been determined.

(2)
An application for an order under this section (‘an interim child sexual

abuse prevention order’)—

(a)
may be made by the complaint by which the main application is

made, or

(b)
if the main application has been made, may be made by the

person who has made that application, by complaint to the court

to which that application has been made.

(3)
The Court may, if it considers it just to do so, make an interim child

sexual abuse prevention 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 child sexual abuse prevention order for the order to be

varied, renewed or discharged.

(6)
Subsection (5) applies to orders under—

(a)
Sections 2A or 20(4)(a) of the Crime and Disorder Act 1998

(c.37) (interim orders made in England and Wales Scotland), and

(b)
Article 6A of the Criminal Justice (Northern Ireland) Order 1998

(S.I., 1998/2839 (N.I. 20)) (interim orders made in Northern

Ireland),


as it applies to interim child sexual abuse prevention orders.

128
Child-SAPO and interim Child-SAPO appeals

(1)
A defendant may appeal to the Crown Court against the making of a child

sexual abuse prevention order under section 123(1).

(2)
A defendant may appeal to the Crown Court aginst the making of an

interim child sexual abuse prevention order under section 127(3).

(3)
A defendant may appeal against the making of an order under section

127(3), or the refusal to make such an order—

(a)
where the application for such an order was made to the Crown

Court, to the Court of Appeal;

(b)
in any other case, to the Crown Court.

Report Stage Proceedings: 14 October 2013
266

Anti-social Behaviour, Crime and Policing Bill, continued

(4)
On an appeal under section (1), (2) or subsection (3)(b), 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.

(5)
Any order made by the Crown Court on an appeal under sections (1) or

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

magistrates’ court) is for the purpose of subsecitons 126(7) and 127(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 Crown Court).

129
Offence: breach of a Child-SAPO or interim Child-SAPO

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

anything which he is prohibited from doing by—

(a)
a child sexual abuse prevention order;

(b)
an interim child sexual abuse prevention order,

(c)
an order under section 5A of the Sex Offenders Act 1997 (c.51)

(restraining orders);

(d)
an offender under sections 2, 2A or 20 of the Crime and Disorder

Act 1998 (c.37) (sex offenders orders and interim orders made in

England and Wales and in Scotland);

(e)
an order under Article 6 or 6A of the Criminal Justice (Northern

Ireland) Order 1998 (S.I., 1998/2839 (N.I. 20)) (sex offender

orders and interim orders made in Northern Ireland).

(2)
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 not exceeding the statutory

maximum or both;

(b)
on conviction on indictment, to imprisonment for at term not

exceeding five years.

(c)
where a person is convicted of an offence under this section, it is

not open to the court by or before which he is convicted to make,

in respect of the offence, an order for conditional disharge or, in

Scotland, a probation order.

(3)
The Home Secretary shall issue guidance on the use of child sexual abuse

prevention orders and interim child sexual abuse prevention orders

within six months of this section coming into force.”.’.

Possession of prohibited written material about children

Sir Paul Beresford

Paul Goggins

Not called  NC7

To move the following Clause:—

‘(1)
Section 62 of the Coroners and Justice Act 2009 (offence of possession of

prohibited images of children) is amended as follows.

(2)
In subsection (1), after “prohibited image of a child” insert “or prohibited written

material about a child”.

Report Stage Proceedings: 14 October 2013
267

Anti-social Behaviour, Crime and Policing Bill, continued

(3)
After subsection (2) insert—

“(2A)
Prohibited written material about a child is written material which—

(a)
is pornographic,

(b)
falls within subsection (6), and

(c)
is grossly offensive, disgusting or otherwise of an obscene

character.”

(4)
In subsection (3), after “image” insert “or written material”.

(5)
After subsection (5) insert—

“(5A)
Where (as found in the person’s possession) written material forms part

of a series of written material, the question whether the written material

is of such a nature as is mentioned in subsection (2A) is to be determined

by reference to—

(a)
the written material itself, and

(b)
(if the series of written material is such as to be capable of

providing a context for the written material) the context in which

it occurs in the series of written material.

(5B)
So, for example, where—

(a)
written material forms an integral part of a narrative constituted

by a series of written material, and

(b)
having regard to those written materials as a whole, they are not

of such a nature that they must reasonably be assumed to have

been produced solely or principally for the purpose of sexual

arousal,


the written material may, by virtue of being part of that narrative, be

found not to be pornographic, even though it might have been found to

be pornographic if taken by itself.”

(6)
In subsection (6), insert “or written material” after the word “image” each time it

appears.’.

Secretary Theresa May

Added  NS1

To move the following Schedule:—

‘SCHEDULE

Amendments of Part 2 of the Sexual Offences Act 2003

Introduction

1
Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended as

set out in this Schedule.

Sexual harm prevention orders

2
After section 103 there is inserted—



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