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Lords amendments to the Anti-social Behaviour, Crime and Policing Bill


 
 

9

 

Clause 72

48

Page 43, line 34, leave out “an employee” and insert “a representative”

49

Page 43, line 36, leave out “employee” and insert “representative”

50

Page 43, line 40, leave out “employee” and insert “representative”

51

Page 43, line 42, leave out “employee” and insert “representative”

52

Page 44, line 1, leave out “employee” and insert “representative”

53

Page 44, line 5, leave out “employee” and insert “representative”

54

Page 44, line 6, leave out “employee” and insert “representative”

55

Page 44, line 8, at end insert—

 

“( )    

In this section “representative”, in relation to a local authority, means—

 

(a)    

an employee of the authority, or

 

(b)    

a person, or employee or a person, acting on behalf of the

 

authority.”

After Clause 83

56

Insert the following new Clause—

 

“Guidance

 

(1)    

The Secretary of State may issue—

 

(a)    

guidance to chief officers of police about the exercise, by officers

 

under their direction or control, of those officers’ functions under

 

this Chapter;

 

(b)    

guidance to local authorities about the exercise of their functions

 

under this Chapter and those of their representatives (within the

 

meaning of section 72).

 

(2)    

The Secretary of State may revise any guidance issued under this section.

 

(3)    

The Secretary of State must arrange for any guidance issued or revised

 

under this section to be published.”

Clause 86

57

Page 55, line 10, leave out from “instrument” to end of line 16

58

Page 55, line 19, at end insert—

 

“(13)    

A statutory instrument containing an order under subsection (10) or (11)

 

may not be made unless a draft of the instrument has been laid before and

 

approved by a resolution of—

 

(a)    

each House of Parliament (in the case of an order of the Secretary of

 

State), or

 

(b)    

the National Assembly for Wales (in the case of an order of the

 

Welsh Ministers).””

Clause 91

59

Page 61, line 39, leave out “a person” and insert “an adult”


 
 

10

60

Page 61, line 40, after “an” insert “indictable”

61

Page 61, line 42, after “Ground” insert “—

 

“adult” means a person aged 18 or over;

 

“indictable offence” does not include an offence that is triable only

 

summarily by virtue of section 22 of the Magistrates’ Courts Act

 

1980 (either way offences where value involved is small);”

62

Page 62, line 7, leave out “a person” and insert “an adult”

63

Page 62, line 8, after “an” insert “indictable”

64

Page 62, line 10, after “Ground” insert “—

 

“adult” means a person aged 18 or over;

 

“indictable offence” does not include an offence that is triable only

 

summarily by virtue of section 22 of the Magistrates’ Courts Act

 

1980 (either way offences where value involved is small);”

Clause 93

65

Page 64, line 28, at end insert—

 

“( )    

consultation with the local authority for any part of the area,”

66

Page 64, line 41, leave out from “behaviour”” to end of line 42 and insert “has the

 

meaning given by section (Meaning of “anti-social behaviour”) (ignoring subsection

 

(2) of that section);”

67

Page 65, line 3, at end insert—

 

“local authority” means—

 

(a)    

in relation to England, a district council, a county council for

 

an area for which there is no district council, a London

 

borough council, the Common Council of the City of

 

London or the Council of the Isles of Scilly;

 

(b)    

in relation to Wales, a county council or a county borough

 

council;”

Clause 94

68

Page 65, line 40, leave out from “behaviour”” to end of line 41‘ and insert “has the

 

meaning given by section (Meaning of “anti-social behaviour”) (ignoring subsection

 

(2) of that section);”

Clause 98

69

Page 71, line 5, at end insert—

 

“(iii)    

in paragraph (b), for “two years” there is substituted “the

 

relevant maximum specified in subsection (4A)”;

 

(e)    

after subsection (4) there is inserted—

 

“(4A)    

For the purposes of subsection (4)(b), the relevant maximum is—

 

(a)    

14 years if a person dies as a result of being injured;

 

(b)    

5 years in any other case where a person is injured;

 

(c)    

3 years in any case where an assistance dog is injured (whether or

 

not it dies).””


 
 

11

 

After Clause 101

70

Insert the following new Clause—

 

“Possession of firearms by persons previously convicted of crime

 

(1)    

In section 21 of the Firearms Act 1968 (possession of firearms by persons

 

previously convicted of crime), before subsection (3) there is inserted—

 

“(2C)    

Where—

 

(a)    

a person has been sentenced to imprisonment for a term of

 

three months or more, and

 

(b)    

the sentence is suspended under section 189 of the Criminal

 

Justice Act 2003,

 

    

the person shall not have a firearm or ammunition in his possession

 

at any time during the period of five years beginning with the

 

second day after the date on which the sentence is passed.”

 

(2)    

In section 58(2) of that Act (saving for antique firearms), for “Nothing in

 

this Act” there is substituted “Apart from—

 

(a)    

section 21 and Schedule 3, and

 

(b)    

any other provision of this Act so far as it applies in relation

 

to an offence under section 21,

 

    

nothing in this Act”.

 

(3)    

Where—

 

(a)    

a person is in possession of a firearm or ammunition immediately

 

before the day on which subsection (1) comes into force,

 

(b)    

by reason of a sentence imposed before that day, subsection (1)

 

would (but for this subsection) make the person’s possession of the

 

firearm or ammunition subject to a prohibition under section 21 of

 

the Firearms Act 1968, and

 

(c)    

the person’s possession of the firearm or ammunition immediately

 

before that day is authorised by a certificate within the meaning

 

given in section 57(4) of that Act,

 

    

the prohibition does not apply while the certificate remains in force.”

Clause 104

71

Page 76, line 2, after “80” insert “to 85, 86”

72

Page 76, line 3, leave out “136ZB” and insert “136ZD”

73

Page 76, line 6, leave out from “Sections” to “extend” and insert “85A, 96A, 96AA,

 

110, 117A, 119 and 123 to 129 and Schedule 3A”

74

Page 76, line 10, after “80” insert “to 85, 86”

75

Page 76, line 16, at end insert—

 

“(3C)    

The references to section 96A in subsections (2A) and (3A) are references

 

respectively to—

 

(a)    

the section 96A inserted by the Criminal Justice Act (Northern

 

Ireland) 2013, and

 

(b)    

the section 96A inserted by the Police, Public Order and Criminal

 

Justice (Scotland) Act 2006.”


 
 

12

 

After Clause 105

76

Insert the following new Clause—

 

“Use of premises for child sex offences

 

(1)    

Schedule (Amendments of Part 2A of the Sexual Offences Act 2003)

 

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

 

(2)    

For the purposes of sections 136BA and 136D(7A) of the Sexual Offences

 

Act (inserted by that Schedule), it does not matter whether the offence or

 

offences in question were committed before, or on or after, the date on

 

which this section comes into force.”

77

Insert the following new Clause—

 

“Child sexual exploitation at hotels

 

Information about guests at hotels believed to be used for child sexual

 

exploitation

 

(1)    

A police officer of at least the rank of inspector may issue a notice under

 

this section to the owner, operator or manager of a hotel that the officer

 

reasonably believes has been or will be used for the purposes of—

 

(a)    

child sexual exploitation, or

 

(b)    

conduct that is preparatory to, or otherwise connected with, child

 

sexual exploitation.

 

(2)    

A notice under this section must be in writing and must—

 

(a)    

specify the hotel to which it relates;

 

(b)    

specify the date on which it comes into effect and the date on which

 

it expires;

 

(c)    

explain the effect of subsections (4) and (5) and sections (Appeals

 

against notices under section (Information about guests at hotels believed

 

to be used for child sexual exploitation)) and (Offences).

 

(3)    

The date on which the notice expires must not be more than 6 months after

 

the date on which it comes into effect.

 

(4)    

A constable may require a person issued with a notice under this section to

 

provide the constable with information about guests at the hotel.

 

(5)    

The only information that a constable may require under subsection (4) is—

 

(a)    

guests’ names and addresses;

 

(b)    

other information about guests that—

 

(i)    

is specified in regulations made by the Secretary of State,

 

and

 

(ii)    

can be readily obtained from one or more of the guests

 

themselves.

 

(6)    

A requirement under subsection (4)—

 

(a)    

must be in writing;

 

(b)    

must specify the period to which the requirement relates;

 

(c)    

must specify the date or dates on or by which the required

 

information is to be provided.


 
 

13

 
 

    

The period specified under paragraph (b) must begin no earlier than the

 

time when the requirement is imposed and must end no later than the

 

expiry of the notice under this section.

 

(7)    

In this section—

 

“child sexual exploitation” means conduct that constitutes an offence

 

listed in subsection (8)(a) or (b), or an offence listed in subsection

 

(8)(c) against a person under 18;

 

“guest” means a person who, for a charge payable by that person or

 

another, has the use of a guest room at the hotel in question;

 

“hotel” includes any guest house or other establishment of a similar

 

kind at which accommodation is provided for a charge.

 

(8)    

The offences are—

 

(a)    

an offence under any of the following sections of the Sexual

 

Offences Act 2003—

 

sections 5 to 8 (rape and other offences against children under

 

13);

 

sections 9 to 13 (child sex offences);

 

sections 16 to 19 (abuse of position of trust);

 

sections 25 and 26 (familial child sex offences);

 

sections 47 to 50 (abuse of children through prostitution and

 

pornography);

 

(b)    

an offence under section 1 of the Protection of Children Act 1978

 

(indecent photographs of children);

 

(c)    

an offence under any of the following sections of the Sexual

 

Offences Act 2003—

 

sections 1 to 4 (rape, assault and causing sexual activity

 

without consent);

 

sections 30 to 41 (persons with a mental disorder impeding

 

choice, inducements etc to persons with a mental disorder,

 

and care workers for persons with a mental disorder);

 

section 59A (trafficking people for sexual exploitation);

 

section 61 (administering a substance with intent);

 

sections 66 and 67 (exposure and voyeurism).”

78

Insert the following new Clause—

 

“Appeals against notices under section (Information about guests at hotels

 

believed to be used for child sexual exploitation)

 

(1)    

A person issued with a notice under section (Information about guests at

 

hotels believed to be used for child sexual exploitation) may appeal against it to

 

a magistrates’ court.

 

(2)    

An appeal must be made within the period of 21 days beginning with the

 

day on which the person is issued with the notice.

 

(3)    

Where there is an appeal against a notice under section (Information about

 

guests at hotels believed to be used for child sexual exploitation), then until the

 

appeal is finally determined or withdrawn—

 

(a)    

no requirement may be imposed under subsection (4) of that

 

section in relation to the premises in question;

 

(b)    

any such requirement already imposed is of no effect.


 
 

14

 
 

(4)    

A magistrates’ court hearing an appeal against a notice under section

 

(Information about guests at hotels believed to be used for child sexual exploitation)

 

must—

 

(a)    

quash the notice,

 

(b)    

modify the notice, or

 

(c)    

dismiss the appeal.”

79

Insert the following new Clause—

 

“Offences

 

(1)    

An offence is committed by a person who fails without reasonable excuse

 

to comply with a requirement imposed on the person under (Information

 

about guests at hotels believed to be used for child sexual exploitation)(4).

 

(2)    

An offence is committed by a person who, in response to a requirement

 

imposed on the person under section (Information about guests at hotels

 

believed to be used for child sexual exploitation)(4), provides incorrect

 

information which the person—

 

(a)    

did not take reasonable steps to verify or to have verified, or

 

(b)    

knows to be incorrect.

 

(3)    

A person does not commit an offence under subsection (2)(a) if there were

 

no steps that the person could reasonably have taken to verify the

 

information or to have it verified.

 

(4)    

A person guilty of an offence under this section is liable on summary

 

conviction to a fine not exceeding level 4 on the standard scale.”

Clause 108

80

Page 79, line 2, at end insert—

 

“( )    

In relation to a victim who lacks capacity to consent to marriage, the offence

 

under subsection (1) is capable of being committed by any conduct carried

 

out for the purpose of causing the victim to enter into a marriage (whether

 

or not the conduct amounts to violence, threats or any other form

 

coercion).”

81

Page 79, line 11, at end insert—

 

“( )    

“Lacks capacity” means lacks capacity within the meaning of the Mental

 

Capacity Act 2005.”

82

Page 79, line 16, leave out “coercion” and insert “conduct”

Clause 109

83

Page 79, line 41, at end insert—

 

“( )    

In relation to a victim who is incapable of consenting to marriage by reason

 

of mental disorder, the offence under subsection (1) is capable of being

 

committed by any conduct carried out for the purpose of causing the victim

 

to enter into a marriage (whether or not the conduct amounts to violence,

 

threats or any other form coercion).”

84

Page 80, line 5, at end insert—


 
 

15

 
 

“( )    

“Mental disorder” has the meaning given by section 328 of the Mental

 

Health (Care and Treatment) (Scotland) Act 2003.”

85

Page 80, line 10, leave out “coercion” and insert “conduct”

86

Page 80, line 26, leave out “2” and insert “7”

Clause 110

87

Page 81, line 37, leave out “and (7)” and insert “, (7) and (10)”

88

Page 81, line 37, at end insert—

 

“( )    

in subsection (9), for “the first regulations to be made” there is

 

substituted “regulations”.”

After Clause 113

89

Insert the following new Clause—

 

“Charging of fees by the College

 

After section 95 of the Police Act 1996 there is inserted—

 

“95A  

Charging of fees by College of Policing

 

(1)    

The College of Policing may charge fees for providing services of a

 

public nature only if—

 

(a)    

the services are of a specified description and are provided

 

with a view to promoting the efficiency, effectiveness or

 

professionalism of the police, and

 

(b)    

the fees are of a specified amount or are determined in a

 

specified manner.

 

(2)    

In this section “specified” means specified in an order made by the

 

Secretary of State.

 

(3)    

A statutory instrument containing an order under this section shall

 

be subject to annulment in pursuance of a resolution of either

 

House of Parliament.””

Clause 126

90

Page 97, line 37, leave out “the College of Policing” and insert “regulations made

 

by the Secretary of State”

91

Page 97, line 39, leave out “College of Policing” and insert “regulations”

92

Page 97, line 42, leave out “College of Policing” and insert “regulations”

93

Page 98, leave out lines 1 to 3 and insert—

 

“(1D)  

The College of Policing must recommend to the Secretary of State

 

matters to be designated under this paragraph.

 

    (1E)  

The Secretary of State may make regulations under this

 

paragraph only if they give effect to a recommendation under

 

sub-paragraph (1D).””

94

Page 98, line 15, leave out “the College of Policing” and insert “regulations made


 
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