Criminal Justice and Courts Bill (HC Bill 192)

(b) a person has been “cautioned for” an offence if he or she has been given
a caution, a conditional caution or a youth caution or youth conditional
caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998.

(9) 20In this section—

• “either-way offence” means an offence triable either way;

• “indictable-only offence” means an offence which, if committed by an
  adult, is triable only on indictment.

(10) This section applies whether the offence admitted was committed before or
25after the time when this section comes into force.

16 Section 15: supplementary

(1) An order under section 15 may make different provision for different
purposes.

(2) An order under section 15 must be made by statutory instrument.

(3) 30A statutory instrument containing an order under section 15(3) (specification
of either-way offences) is subject to annulment in pursuance of a resolution of
either House of Parliament.

(4) An order under section 15(7) (change to period in section 15(4)(b)) may not be
made unless a draft of the instrument containing the order has been laid before,
35and approved by a resolution of, each House of Parliament.

(5) In section 37B of the Police and Criminal Evidence Act 1984 (consultation with
the Director of Public Prosecutions), in subsection (7), after “such a caution”
insert “(whether because of section 15 of the Criminal Justice and Courts Act
2014 or for any other reason)”.

40Offences

17 Sending letters etc with intent to cause distress or anxiety

(1) In section 1 of the Malicious Communications Act 1988 (offence of sending

letters etc with intent to cause distress or anxiety), for subsection (4)
substitute—

“(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not
5exceeding two years or a fine (or both);

(b) on summary conviction to imprisonment for a term not
exceeding 12 months or a fine (or both).

(5) In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (4)(b) to 12
10months is to be read as reference to six months.

(6) In relation to an offence committed before section 85 of the Legal Aid
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in subsection (4)(b) to a fine is to be read as a reference to a
fine not exceeding the statutory maximum.”

(2) 15The amendment made by this section applies only in relation to an offence
committed on or after the day on which it comes into force.

18 Possession of pornographic images of rape and assault by penetration

(1) Part 5 of the Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In section 63 (possession of extreme pornographic images)—

(a) 20after subsection (5) insert—

“(5A) In relation to possession of an image in England and Wales, an
“extreme image” is an image which—

(a) falls within subsection (7) or (7A), and

(b) is grossly offensive, disgusting or otherwise of an
25obscene character.”,

(b) in subsection (6), for “An” substitute “In relation to possession of an
image in Northern Ireland, an”, and

(c) after subsection (7) insert—

“(7A) An image falls within this subsection if it portrays, in an explicit
30and realistic way, either of the following—

(a) an act which involves the non-consensual penetration of
a person’s vagina, anus or mouth by another with the
other person’s penis, or

(b) an act which involves the non-consensual sexual
35penetration of a person’s vagina or anus by another with
a part of the other person’s body or anything else,

and a reasonable person looking at the image would think that
the persons were real.

(7B) For the purposes of subsection (7A)—

(a) 40penetration is a continuing act from entry to
withdrawal;

(b) “vagina” includes vulva.”

(3) In section 66 (defence: participation in consensual acts)—

(a) before subsection (1) insert—

“(A1) Subsection (A2) applies where in England and Wales—

(a) a person (“D”) is charged with an offence under section
63, and

(b) 5the offence relates to an image that portrays an act or
acts within subsection (7)(a) to (c) or (7A) of that section
(but does not portray an act within subsection (7)(d) of
that section).

(A2) It is a defence for D to prove—

(a) 10that D directly participated in the act or any of the acts
portrayed, and

(b) that the act or acts did not involve the infliction of any
non-consensual harm on any person, and

(c) if the image portrays an act within section 63(7)(c), that
15what is portrayed as a human corpse was not in fact a
corpse, and

(d) if the image portrays an act within section 63(7A), that
what is portrayed as non-consensual penetration was in
fact consensual.”, and

(b) 20in subsection (1)—

(i) for “This section” substitute “Subsection (2)”, and

(ii) after “where” insert “in Northern Ireland”.

(4) In section 67 (penalties for possession of extreme pornographic images)—

(a) in subsection (2), for “Except where subsection (3) applies to the
25offence” substitute “If the offence relates to an image that portrays any
relevant act (with or without other acts)”,

(b) in subsection (3), for “act within section 63(7)(a) or (b)” substitute
“relevant act”, and

(c) after subsection (4) insert—

“(5) 30In this section “relevant act” means—

(a) in relation to England and Wales, an act within section
63(7)(a) or (b) or (7A)(a) or (b);

(b) in relation to Northern Ireland, an act within section
63(7)(a) or (b).”

(5) 35In Schedule 14 (special rules relating to providers of information society
services)—

(a) after paragraph 1(3) insert—

“(3A) For the purposes of sub-paragraph (2), “extreme
pornographic image” has the meaning given by section 63(2)
40and in determining whether a domestic service provider is in
possession of such an image—

(a) where the service provider is established in England
and Wales, “extreme image” has the meaning given
by section 63(5A);

(b) 45where the service provider is established in Northern
Ireland, “extreme image” has the meaning given by
section 63(6).”, and

(b) omit paragraph 6(2).

Part 2 Young offenders

Detention of young offenders

19 Secure colleges and other places for detention of young offenders etc

(1) 5For section 43 of the Prison Act 1952 and the italic heading before it
substitute—

“Places for the detention of young offenders etc

43 Places for the detention of young offenders etc

(1) The Secretary of State may provide the following places for the
10detention of young persons sentenced to detention for an offence or
remanded to custody (or for the detention of a class of such persons)—

(a) young offender institutions,

(b) secure training centres, and

(c) secure colleges.

(2) 15In subsection (1), “young person” means a person who is aged under 18
or who was aged under 18 when convicted of the offence or remanded.

(3) Sections 1 to 42A and Schedule A1 (“the prisons provisions”) apply in
relation to places listed in subsection (1) and to persons detained in
them as they apply to prisons and prisoners, subject to subsections (4)
20to (7).

(4) The following provisions do not apply in relation to the following
places—

(5) In their application in relation to secure colleges, the prisons provisions
apply as if references to the governor and deputy governor were
30references to the principal and deputy principal.

(6) In their application in relation to places listed in subsection (1), the
prisons provisions apply—

(a) as if references to imprisonment included references to
detention in those places, and

(b) 35subject to any other modifications specified in rules made by the
Secretary of State (but see subsection (7)).

(7) The following provisions, as they apply in relation to the following
places, may not be modified by rules made under this section—