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| | |
| | |
| |
| | | (b) | where the conviction, finding or caution within subsection (1) |
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| | | is in respect of a breach of an interim sexual risk order or an |
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| | | interim risk of sexual harm order, any sexual risk order or risk |
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| | | of sexual harm order made on the hearing of the application to |
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| | | which the interim order relates or, if no such order is made, the |
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| | | |
| | | (7) | In subsection (6) “risk of sexual harm order” and “interim risk of |
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| | | sexual harm order” include orders under sections 2 and 5 |
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| | | (respectively) of the Protection of Children and Prevention of Sexual |
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| | | Offences (Scotland) Act 2005. |
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| | | 122J | Sexual risk orders and interim sexual risk orders: guidance |
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| | | (1) | The Secretary of State must issue guidance to chief officers of police |
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| | | and to the Director General of the National Crime Agency in relation |
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| | | to the exercise by them of their powers with regard to sexual risk |
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| | | orders and interim sexual risk orders. |
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| | | (2) | The Secretary of State may, from time to time, revise the guidance |
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| | | issued under subsection (1). |
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| | | (3) | The Secretary of State must arrange for any guidance issued or revised |
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| | | under this section to be published in such manner as the Secretary of |
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| | | State considers appropriate.” |
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| | | Risk of sexual harm orders |
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| | | 5 (1) | Sections 123 to 129 (risk of sexual harm orders) are repealed. |
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| | | (2) | This paragraph extends only to England and Wales. |
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| | | Application etc of orders |
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| | | 6 | After section 136 there is inserted— |
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| | | “136ZA | Application of orders throughout the United Kingdom |
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| | | (1) | In this section “relevant order” means— |
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| | | (a) | a sexual harm prevention order; |
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| | | (b) | an interim sexual harm prevention order; |
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| | | (c) | a sexual offences prevention order; |
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| | | (d) | an interim sexual offences prevention order; |
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| | | (e) | a foreign travel order; |
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| | | |
| | | (g) | an interim sexual risk order; |
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| | | (h) | a risk of sexual harm order; |
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| | | (i) | an interim risk of sexual harm order; |
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| | | (j) | an order under section 2 of the Protection of Children and |
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| | | Prevention of Sexual Offences (Scotland) Act 2005 (risk of |
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| | | sexual harm orders in Scotland); |
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| | | (k) | an order under section 5 of that Act (interim risk of sexual |
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| | | harm orders in Scotland). |
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| | | (2) | For the purposes of sections 103I, 113, 122, 122H and 128, |
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| | | prohibitions imposed by a relevant order made in one part of the |
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| | | United Kingdom apply (unless expressly confined to particular |
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| | | localities) throughout that and every other part of the United Kingdom. |
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| |
| | |
| | |
| |
| | | 136ZB | Order ceases to have effect when new order made |
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| | | (1) | Where a court in England and Wales makes an order listed in the first |
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| | | column of the following Table in relation to a person who is already |
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| | | subject to an order listed opposite it in the second column, the earlier |
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| | | order ceases to have effect (whichever part of the United Kingdom it |
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| | | was made in) unless the court orders otherwise. |
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| | | | | | | | | —sexual offences prevention
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| | | | | | | | | | | | | | | | | | —risk of sexual harm order;
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| | | | | | | | |
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| | | (2) | Where a court in Northern Ireland or Scotland makes an order listed in |
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| | | the first column of the following Table in relation to a person who is |
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| | | already subject to an order or prohibition listed opposite it in the |
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| | | second column, the earlier order or prohibition ceases to have effect |
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| | | (even though it was made or imposed by a court in England and |
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| | | Wales) unless the court orders otherwise. |
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| | | Earlier order or prohibition |
| | | | | Sexual offences prevention
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| | | | | | | order not containing a prohib- |
| | | | | | | | | | | | —in the case of a sexual harm
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| | | | | | prevention order containing a
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| | | | | | prohibition on foreign travel,
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| | | | | | each of its other prohibitions. |
| | | | | | | | | | | | travel contained in a sexual
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| | | | | | | | | | | Risk of sexual harm order |
| | | | | | | containing a prohibition on
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| | | | | | | | | | | | —in the case of a sexual risk
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| | | | | | order containing a prohibition
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| | | | | | on foreign travel, each of its
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| | | | | | | | |
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| | | |
| | | (a) | “court”, in Scotland, includes sheriff; |
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| | | (b) | “risk of sexual harm order” includes an order under section 2 |
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| | | of the Protection of Children and Prevention of Sexual |
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| | | Offences (Scotland) Act 2005.”’. |
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| | |
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| |
| | |
| | |
| |
| | New Clauses and new Schedules relating to Parts 1 to 6 or otherwise |
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| | relating to anti-social behaviour; amendments to parts 1 to 6; new |
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| | clauses and new schedules relating to firearms; amendments to part 8 |
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| | | Review of funding of early intervention and anti-social behaviour services |
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| | |
| | | |
| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall undertake a review of funding arrangements for early |
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| | | intervention services and services designed to prevent or mitigate anti-social |
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| | | behaviour, to report within 12 months of the coming into force of Part 1 of this |
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| | | |
| | | (2) | The purpose of the review shall be to examine whether redistributing funding to |
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| | | early intervention services would be likely to reduce long-term rates of anti-social |
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| | | |
| | |
| | | Injunction—best interests of the child |
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| | |
| | |
| | | |
| | To move the following Clause:— |
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| | | ‘The courts must take into account the best interests of the child as a primary |
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| | | consideration when deciding whether to impose the following— |
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| | | |
| | | (b) | the terms of any prohibition or requirement; |
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| | | (c) | sanctions for breach of an injunction; and |
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| | | (d) | when determining reporting of a child’s case.’. |
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| | |
| | |
| | |
| | | |
| | Clause 1, page 1, line 8, after ‘conduct’, insert ‘that might reasonably be regarded |
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| | |
| | |
| | |
| | | |
| | Clause 1, page 1, line 10, leave out ‘and’ and insert ‘,’. |
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| |
| | |
| | |
| |
| | |
| | |
| | | |
| | Clause 1, page 1, line 10, after ‘convenient’, insert ‘and proportionate’. |
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| | |
| | |
| | | |
| | Clause 1, page 2, line 1, leave out ‘doing anything’ and insert ‘specified actions’. |
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| | |
| | |
| | | |
| | Clause 1, page 2, line 2, after ‘injunction’, insert ‘which relate to the anti-social |
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| | behaviour which the respondent has engaged or threatened to engage in’. |
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| | |
| | |
| | | |
| | Clause 1, page 2, line 3, leave out ‘anything’ and insert ‘specified actions’. |
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| | |
| | |
| | | |
| | Clause 1, page 2, line 3, after ‘injunction’, insert ‘which relate to the anti-social |
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| | behaviour which the respondent has engaged or threatened to engaged in’. |
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| | |
| | |
| | | |
| | Clause 1, page 2, leave out line 6. |
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| | |
| | | |
| | Clause 1, page 2, line 7, leave out paragraph (b). |
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| | |
| | |
| | | |
| | Clause 4, page 3, line 38, at end insert— |
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| | | ‘( ) | the Natural Resources Body for Wales,’. |
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| | |
| | | |
| | Clause 4, page 3, line 39, leave out from ‘functions’ to end of line 43 and insert ‘, |
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| | or a Special Health Authority exercising security management functions on the direction |
|
| | of the Secretary of State, or |
|
| | | ( ) | the Welsh Ministers exercising security management functions, or a |
|
| | | person or body exercising security management functions on the |
|
| | | direction of the Welsh Ministers or under arrangements made between |
|
| | | the Welsh Ministers and that person or body.’. |
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|
| |
| | |
| | |
| |
| | |
| | | |
| | Clause 4, page 3, line 44, leave out paragraphs (h) and (i). |
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| | |
| | | |
| | Clause 4, page 4, line 1, at end insert— |
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| | | ‘( ) | In subsection (1) “security management functions” means— |
|
| | | (a) | the Secretary of State’s security management functions within the |
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| | | meaning given by section 195(3) of the National Health Service Act |
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| | | |
| | | (b) | the functions of the Welsh Ministers corresponding to those functions.’. |
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| | |
| | |
| | | |
| | Clause 8, page 5, line 21, at end insert— |
|
| | | ‘(za) | a judge of the High Court or a judge of the county court, if the injunction |
|
| | | was granted by the High Court;’. |
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| | |
| | | |
| | Clause 8, page 5, line 27, leave out ‘(3)(a)’ and insert ‘(3)(za) or (a)’. |
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| | |
| | |
| | | |
| | Clause 9, page 5, line 38, at end insert— |
|
| | | ‘( ) | a judge of the High Court, if the injunction was granted by the High |
|
| | | |
| | |
| | | |
| | Clause 9, page 6, line 3, at end insert— |
|
| | | ‘( ) | A warrant issued by a judge of the High Court must require the respondent to be |
|
| | | brought before that court.’. |
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| | |
| | |
| | | |
| | Clause 12, page 6, line 24, after ‘lives’ insert ‘(“the premises”)’. |
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| | |
| | | |
| | Clause 12, page 6, line 25, leave out paragraph (a). |
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|
| |
| | |
| | |
| |
| | |
| | | |
| | Clause 12, page 6, line 27, leave out ‘the local authority or housing provider’ and |
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| | |
| | | |
| | | (ii) | the chief officer of police for the police area that the premises are |
|
| | | |
| | | (iii) | if the premises are owned or managed by a housing provider, that |
|
| | | |
| | |
| | |
| | | |
| | Clause 12, page 6, line 29, after ‘court’, insert ‘is satisfied that the exclusion is |
|
| | necessary and proportionate, and’. |
|
| | |
| | | |
| | Clause 12, page 6, line 35, leave out ‘local authority or’. |
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| | |
| | | |
| | Clause 12, page 6, line 37, leave out ‘authority or’ and insert ‘housing’. |
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| | |
| | | |
| | Clause 12, page 6, line 40, leave out ‘authority or’ and insert ‘housing’. |
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| | |
| | |
| | |
| | | |
| | Clause 21, page 11, line 24, after ‘satisfied’, insert ‘, according to the criminal |
|
| | |
| | |
| | | |
| | Clause 21, page 11, leave out line 26 and insert ‘any person’. |
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| | |
| | |
| | | |
| | Clause 21, page 11, line 27, leave out ‘help in preventing’ and insert ‘prevent’. |
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| | |
| | |
| | | |
| | Clause 21, page 11, line 31, leave out ‘doing anything’ and insert ‘specified |
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| | |
|
| |
| | |
| | |
| |
| | |
| | |
| | | |
| | Clause 21, page 11, line 31, after ‘order’, insert ‘which relate to the anti-social |
|
| | behaviour which the respondent has engaged in’. |
|
| | |
| | |
| | | |
| | Clause 21, page 11, line 32, leave out ‘anything’ and insert ‘specified actions’. |
|
| | |
| | |
| | | |
| | Clause 21, page 11, line 32, after ‘order’, insert ‘which relate to the anti-social |
|
| | behaviour which the respondent has engaged in’. |
|
| | |
| | |
| | | |
| | Clause 21, page 12, leave out line 3. |
|
| | |
| | | |
| | Clause 21, page 12, line 4, leave out paragraph (b). |
|
| | |
| | |
| | |
| | | |
| | Clause 22, page 12, line 44, at end insert— |
|
| | | ‘(9) | The courts must take into account the best interests of the child as a primary |
|
| | | consideration when determining reporting of a child’s case.’. |
|
| | |
| | |
| | |
| | | |
| | Clause 29, page 16, line 40, at end insert— |
|
| | | ‘(7) | The courts must taken into account the best interests of the child as a primary |
|
| | | consideration when determining reporting a child’s case.’. |
|
| | |
| | |
| | | |
| | Clause 32, page 18, line 23, leave out from ‘if’ to first ‘that’ in line 25 and insert |
|
|
