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| |
| |
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| | (7) | If the notice has not been given because no address was given by A under |
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| | section 4(3), the court may hear the application for the EWO if the court |
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| | is satisfied that the constable applying for the EWO has made reasonable |
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| | efforts to give A the notice. |
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| | (8) | The magistrates’ court may adjourn the hearing of the application. |
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| | (9) | If the court adjourns the hearing, the EWN continues in effect until the |
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| | application has been determined. |
|
| | (10) | On the hearing of an application for an EWO, section 97 of the |
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| | Magistrates’ Court Act 1980 (summons to witness and warrant for his |
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| | arrest) does not apply in relation to a person for whose protection the |
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| | EWO would be made, except where the person has given oral or written |
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| | |
| | 2F | Conditions for and contents of an Encouragement of Female Genital |
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| | |
| | (1) | The court may make an EWO if two conditions are met. |
|
| | (2) | The first condition is that the court is satisfied on the balance of |
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| | probabilities that the conditions set out in section 3(2) are met. |
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| | (3) | The second condition is that the court is satisfied that making the EWO |
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| | is necessary to protect women and girls from harm as a result of the |
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| | encouragement of FGM by A. |
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| | (4) | An EWO must state that a constable may arrest A without warrant if the |
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| | constable has reasonable grounds for believing that A is in breach of the |
|
| | |
| | (5) | An EWO may be in force for— |
|
| | (a) | no fewer than 14 days beginning with the day on which it is |
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| | |
| | (b) | up to a maximum of seven years from that date. |
|
| | (6) | An EWO must state the period for which it is to be in force. |
|
| | 2G | Breach of an Encouragement of Female Genital Mutilation warning |
|
| | |
| | (1) | A person arrested by virtue of (conditions for an contents of an EWO) for |
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| | a breach of an EWO must be held in custody and brought before a |
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| | magistrates’ court within the period of 24 hours beginning with the time |
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| | |
| | (2) | If the matter is not disposed of when the person is brought before the |
|
| | court, the court may remand the person. |
|
| | (3) | In calculating when the period of 24 hours mentioned in subsection (1) |
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| | ends, Christmas Day, Good Friday, any Sunday and any day which is a |
|
| | bank holiday in England and Wales under the Banking and Financial |
|
| | Dealings Act 1971 are to be disregarded. |
|
| | 2H | Further provision about remand |
|
| | (1) | This section applies for the purposes of the remand of a person by a |
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| | magistrates’ court under section (Breach of an EWN) or (Breach of an |
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| | |
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| |
| |
|
| | (2) | In the application of section 128(6) of the Magistrates’ Court Act 1980 |
|
| | for those purposes, the reference to the “other party” is to be read— |
|
| | (a) | in the case of a remand prior to the hearing of an application for |
|
| | an EWO, as a reference to the authorising officer; and |
|
| | (b) | in any other case, as a reference to the constable who applied for |
|
| | |
| | (3) | If the court has reason to suspect that a medical report will be required, |
|
| | the power to remand a person may be exercised for the purpose of |
|
| | enabling a medical examination to take place and a report to be made. |
|
| | (4) | If the person is remanded in custody for that purpose, the adjournment |
|
| | may not be for more than three weeks at a time. |
|
| | (5) | If the person is remanded on bail for that purpose, the adjournment may |
|
| | not be for more than four weeks at a time. |
|
| | (6) | If the court has reason to suspect that the person is suffering from a |
|
| | mental disorder within the meaning of the Mental Health Act 1983, the |
|
| | court has the same power to make an order under section 35 of that Act |
|
| | (remand to hospital for medical report) as it has under that section in the |
|
| | case of an accused person (within the meaning of that section). |
|
| | (7) | The court may, when remanding the person on bail, require the person to |
|
| | comply before release on bail or later, with such requirements as appear |
|
| | to the court to be necessary to secure that the person does not interfere |
|
| | with witnesses or otherwise obstruct the course of justice. |
|
| | |
| | (1) | The Secretary of State may issue guidance relating to the exercise by a |
|
| | constable of functions under section (Power to issue an EWN). |
|
| | (2) | A constable must have regard to any guidance issued under subsection |
|
| | (1) when exercising a function to which the guidance relates. |
|
| | (3) | Before issuing guidance under this section, the Secretary of State must |
|
| | |
| | (a) | the Association of Chief Police Officers, |
|
| | (b) | the National Crime Agency, and |
|
| | (c) | such other persons as the Secretary of State thinks fit.” |
|
| |
| |
| |
| |
| | |
| | To move the following Clause— |
|
| | | “Report on effectiveness of national register of domestic abusers and serial |
|
| | |
| | (1) | The Secretary of State must, within six months of commencement of this Act, |
|
| | commission a report on the potential effectiveness of a national register of |
|
| | individuals convicted of more than one domestic abuse or stalking offence. |
|
|
|
| |
| |
|
| | (2) | The report should include a cost-benefit analysis of such a register.” |
|
| |
| |
| |
| |
| | |
| | To move the following Clause— |
|
| | | “Offence of encouragement of female genital mutilation |
|
| | (1) | The Female Genital Mutilation Act 2003 is amended as follows: |
|
| | (2) | After section 2 (offence of assisting a girl to mutilate her own genitalia) insert— |
|
| | “(2A) | Offence of encouragement of female genital mutilation— |
|
| | (a) | a person is guilty of an offence of encouragement of female |
|
| | genital mutilation if he makes a statement that is likely to be |
|
| | understood by some or all of the members of the public to whom |
|
| | it is published as a direct or indirect encouragement or other |
|
| | inducement to them to mutilate the genitalia of a girl; |
|
| | (b) | a person commits an offence if— |
|
| | (i) | he publishes a statement to which this section applies or |
|
| | causes another to publish such a statement; and |
|
| | (ii) | at the time he publishes it or causes it to be published, |
|
| | |
| | (a) | intends members of the public to be directly or |
|
| | indirectly encouraged or otherwise induced by |
|
| | the statement to mutilate the genitalia of a girl; |
|
| | |
| | (b) | is reckless as to whether members of the public |
|
| | will be directly or indirectly encouraged or |
|
| | otherwise induced by the statement to mutilate |
|
| | the genitalia of a girl.” |
|
| |
| |
| Schedule 4, page 105, line 33, at end insert— |
|
| | “16A | In section 6 of the Proceeds of Crime Act 2002 (making of order) at the end of |
|
| | |
| | | “Paragraph (b) applies only if, or to the extent that, it would not be |
|
| | disproportionate to require the defendant to pay the recoverable amount.”” |
|
| | Member’s explanatory statement
|
|
| | This amendment and amendments 17 and 18 amend provisions of the Proceeds of Crime Act 2002 |
|
| | relating to confiscation orders in England and Wales, Scotland and Northern Ireland, so that the |
|
| | court’s duty to make a confiscation order for the recoverable amount applies only to the extent that |
|
| | it would be proportionate to do so. |
|
|
|
| |
| |
|
| |
| Schedule 4, page 108, line 3, at end insert— |
|
| | “31A | In section 92 of that Act (making of order), at the end of subsection (6) insert— |
|
| | | “Paragraph (b) applies only if, or to the extent that, it would not be |
|
| | disproportionate to require the accused to pay the recoverable amount.”” |
|
| |
| Schedule 4, page 110, line 21, at end insert— |
|
| | “41A | In section 156 of that Act (making of order), at the end of subsection (5) |
|
| | |
| | | “Paragraph (b) applies only if, or to the extent that, it would not be |
|
| | disproportionate to require the defendant to pay the recoverable amount.”” |
|
| |
| |
| Schedule 4, page 112, line 1, at end insert— |
|
| | “( ) | In section 5 of the Sexual Offences Act 2003 (Rape of a child under 13), after |
|
| | |
| | “(3) | For the purposes of this Act, the consent of a child under the age of 13 is |
|
| | |
| | (4) | The common law of “ostensible consent” in relation to sexual offences is |
|
| | |
| | (5) | For the purposes of sentencing an offender in connection with offences |
|
| | under this Act in relation to a child, a court shall presume the consent of |
|
| | |
| |
| Schedule 4, page 112, line 1, at end insert— |
|
| | “ | In section 78 of the Sexual Offences Act 2003 (meaning of “sexual”), for |
|
| | “except section 71” substitute “except sections 15A and 71”.” |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequential on New Clause (NC8) [Sexual communication with a child]. It |
|
| | provides that the definition of “sexual” in section 78 of the Sexual Offences Act 2003 does not |
|
| | apply to new section 15A of that Act as inserted by the new clause. |
|
| |
| Schedule 4, page 112, line 1, at end insert— |
|
| | “ | In Schedule 2 to that Act (sexual offences to which provisions about extra- |
|
| | territorial application apply), in paragraph 1(a), for “sections 5 to 19” |
|
| | substitute “sections 5 to 15, 16 to 19”.” |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequential on New Clause (NC8) [Sexual communication with a child]. Its |
|
| | effect is that the provisions of the Sexual Offences Act 2003 which provide for offences committed |
|
| | outside the United Kingdom to be prosecuted in England and Wales in some circumstances do not |
|
| | apply to the new offence. |
|
|
|
| |
| |
|
| |
| Schedule 4, page 112, line 3, at end insert— |
|
| | “( ) | After paragraph 24 insert— |
|
| | “24A | An offence under section 15A of this Act (sexual communication |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment is consequential on New Clause (NC8) [Sexual communication with a child]. It |
|
| | provides that a conviction for the new offence of sexual communication with a child automatically |
|
| | triggers the notification requirements for sex offenders provided by Part 2 of the Sexual Offences |
|
| | |
| |
| Schedule 4, page 112, line 18, at end insert— |
|
| | “ | In Schedule 15 to that Act (specified offences for purposes of Chapter 5 of Part |
|
| | 12), after paragraph 116 insert— |
|
| | “116A | An offence under section 15A of that Act (sexual communication |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment adds the new offence of sexual communication with a child (see New Clause |
|
| | (NC8) [Sexual communication with a child]) to the offences specified for the purposes of Chapter |
|
| | 5 of Part 12 of the Criminal Justice Act 2003, which makes provision for extended determinate |
|
| | sentences for dangerous offenders. |
|
| |
| Schedule 4, page 112, line 18, at end insert— |
|
| | “ ( ) | Schedule 34A to that Act (child sex offences for purposes of section 327A) is |
|
| | |
| | ( ) | In paragraph 7(b), for “15” substitute “15A”. |
|
| | ( ) | After paragraph 13A insert— |
|
| | “13B | An offence under section 66 of the Serious Crime Act 2015 |
|
| | (possession of paedophile manual).” |
|
| | Member’s explanatory statement
|
|
| | This amendment brings the new offence of sexual communication with a child (see New Clause |
|
| | (NC8) [Sexual communication with a child]), and the new offence of possession of a paedophile |
|
| | manual (see clause 66), within the disclosure provisions set out in section 327A of the Criminal |
|
| | |
| |
| Schedule 4, page 114, line 18, at beginning insert “Part 1 of” |
|
| | Member’s explanatory statement
|
|
| | This is a drafting amendment to make it clear that the amendments made by paragraph 73 of |
|
| | Schedule 4 to the Bill are to Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of |
|
| | |
|
|
| |
| |
|
| |
| Schedule 4, page 114, line 19, at end insert— |
|
| | “( ) | After paragraph 15 insert— |
|
| | “Female genital mutilation protection orders |
|
| | 15A(1) | Civil legal services provided in relation to female genital mutilation |
|
| | protection orders under paragraph 1 of Schedule 2 to the Female |
|
| | Genital Mutilation Act 2003. |
|
| | |
| | (2) | Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment and amendment 26 amend Part 1 of Schedule 1 to the Legal Aid, Sentencing and |
|
| | Punishment of Offenders Act 2012 to provide for civil legal aid to be made available for civil legal |
|
| | services provided in relation to female genital mutilation protection orders (as provided for in |
|
| | |
| |
| Schedule 4, page 114, line 23, at end insert— |
|
| | “ ( ) | Part 3 of that Schedule (advocacy: exclusion and exceptions) is amended as |
|
| | |
| | |
| | (a) | omit “and” at the end of paragraph (a); |
|
| | (b) | at the end insert “, and |
|
| | (c) | proceedings for the variation or discharge of an order under |
|
| | paragraph 1 of Schedule 2 to the Female Genital Mutilation |
|
| | |
| | |
| | (a) | omit “and” at the end of paragraph (c); |
|
| | (b) | at the end insert “, and |
|
| | (e) | proceedings for the variation or discharge of an order under |
|
| | paragraph 1 of Schedule 2 to the Female Genital Mutilation |
|
| | |
| |
| Clause 75, page 79, line 26, at end insert— |
|
| | “( ) | in the Sexual Offences Act 2003, subsection (3)(a) of the section 15A |
|
| | inserted by section (Sexual communication with a child) above;” |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequential on New Clause (NC8) [Sexual communication with a child]. It |
|
| | makes transitional provision so that the maximum penalty on summary conviction for the new |
|
| | offence is six months’ imprisonment, rather than 12 months’, pending the coming into force of |
|
| | section 154(1) of the Criminal Justice Act 2003. |
|
|
|
| |
| |
|
| |
| Clause 75, page 79, line 32, at end insert— |
|
| | “( ) | section (Controlling or coercive behaviour in an intimate or family |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment is consequential on New Clause (NC9) [Controlling or coercive behaviour in an |
|
| | intimate or family relationship]. It makes transitional provision so that the maximum penalty on |
|
| | summary conviction for the new offence is six months’ imprisonment, rather than 12 months’, |
|
| | pending the coming into force of section 154(1) of the Criminal Justice Act 2003. |
|
| |
| Clause 75, page 79, line 32, at end insert— |
|
| | “( ) | In relation to an offence committed before section 85(1) of the Legal Aid, |
|
| | Sentencing and Punishment of Offenders Act 2012 comes into force— |
|
| | (a) | a reference to a fine in the following provisions is to be read as a |
|
| | reference to a fine not exceeding the statutory maximum— |
|
| | |
| | (ii) | in the Sexual Offences Act 2003, subsection (3)(a) of the section |
|
| | 15A inserted by section (Sexual communication with a child) |
|
| | |
| | (iii) | in the Female Genital Mutilation Act 2003, paragraph (b) of the |
|
| | subsection (2) inserted in section 5 by section 69(4)(b) above; |
|
| | (iv) | paragraph 4(5)(b) of the Schedule inserted in that Act by section |
|
| | |
| | (v) | section (Controlling or coercive behaviour in an intimate or |
|
| | family relationship)(11)(b) above; |
|
| | (vi) | in the Prison Act 1952, subsection (4)(b) of the section 40CA |
|
| | inserted by section 71 above; |
|
| | (b) | the reference to a fine in paragraph 2(2)(a) of the Schedule to the Female |
|
| | Genital Mutilation Act 2003, inserted in that Act by section 68(2) above, |
|
| | is to be read as a reference to a fine not exceeding level 5 on the standard |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment provides for a transitional provision in respect of the maximum fine that may be |
|
| | imposed on summary conviction in respect of new offences created by the Bill. Pending the coming |
|
| | into force of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the |
|
| | maximum fine in such cases would be the current statutory maximum (£5,000) rather than an |
|
| | |
| |
| Clause 76, page 79, line 45, at end insert— |
|
| | “( ) | section (Sexual communication with a child);” |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequential on New Clause (NC8) [Sexual communication with a child]. It |
|
| | provides that the new clause extends to England and Wales only. |
|
|