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| |
| | |
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| Page 24, line 36, leave out from beginning to “the” in line 37 and insert “Where this |
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| |
| Page 24, line 40, after “offence” insert “, to the previous offence” |
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| Page 24, line 47, at end insert— |
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| “(6CA) | In considering whether it is of the opinion mentioned in subsection |
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| (6B) in the case of a person aged 16 or 17, the court must have regard |
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| to its duty under section 44 of the Children and Young Persons Act |
|
| 1933 (general considerations). |
|
| |
| (a) | an appropriate custodial sentence has been imposed on a |
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| person under subsection (6B), and |
|
| (b) | a relevant conviction without which subsection (6B) would |
|
| not have applied has been subsequently set aside on appeal, |
|
| | notice of appeal against the sentence may be given at any time |
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| within 28 days from the date on which the conviction was set aside |
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| (despite anything in section 18 of the Criminal Appeal Act 1968 |
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| (initiating procedure)).” |
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| Page 25, line 7, leave out “(6B)” and insert “(6C)(a)” |
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| Page 25, leave out line 13 and insert— |
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| “(a) | a person is convicted of an offence under subsection (1) or |
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| (2) by a court in England and Wales, |
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| |
| Page 25, line 16, leave out from “had” to end of line 22 and insert “at least one |
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| relevant conviction (see section 139AZA)” |
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| Page 25, line 23, leave out from beginning to “the” in line 24 and insert “Where this |
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| |
| Page 25, line 27, after “offence” insert “, to the previous offence” |
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| Page 25, line 34, at end insert— |
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| “(5CA) | In considering whether it is of the opinion mentioned in subsection |
|
| (5B) in the case of a person aged 16 or 17, the court must have regard |
|
| to its duty under section 44 of the Children and Young Persons Act |
|
| 1933 (general considerations). |
|
| |
| (a) | an appropriate custodial sentence has been imposed on a |
|
| person under subsection (5B), and |
|
| (b) | a relevant conviction without which subsection (5B) would |
|
| not have applied has been subsequently set aside on appeal, |
|
| | notice of appeal against the sentence may be given at any time |
|
| within 28 days from the date on which the conviction was set aside |
|
| (despite anything in section 18 of the Criminal Appeal Act 1968 |
|
| (initiating procedure)).” |
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| Page 25, line 41, leave out “(5B)” and insert “(5C)(a)” |
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| Page 25, line 43, at end insert— |
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| “( ) | After section 139A insert— |
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|
|
| |
| | |
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| “139AZA | Offences under sections 139 and 139A: previous relevant |
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| |
| (1) | For the purposes of sections 139 and 139A, “relevant conviction” |
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| |
| (a) | a conviction for an offence under— |
|
| (i) | section 1 or 1A of the Prevention of Crime Act 1953, |
|
| |
| (ii) | section 139, 139A or 139AA of this Act, |
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| | (a “relevant offence”), whenever committed, |
|
| (b) | a conviction in Scotland, Northern Ireland or a member |
|
| State other than the United Kingdom for a civilian offence, |
|
| whenever committed, which would have constituted a |
|
| relevant offence if committed in England and Wales at the |
|
| |
| (c) | a conviction for an offence under section 42 of the Armed |
|
| Forces Act 2006, whenever committed, in respect of which |
|
| the corresponding offence under the law of England and |
|
| Wales (within the meaning of that section) is a relevant |
|
| |
| (d) | a conviction for an offence under section 70 of the Army Act |
|
| 1955, section 70 of the Air Force Act 1955 or section 42 of the |
|
| Naval Discipline Act 1957, whenever committed, in respect |
|
| of which the corresponding civil offence (within the |
|
| meaning of the Act in question) is a relevant offence, and |
|
| (e) | a conviction for a member State service offence, whenever |
|
| committed, which would have constituted a relevant |
|
| offence if committed in England and Wales at the time of |
|
| |
| |
| “civilian offence” means an offence other than— |
|
| (a) | an offence under an enactment mentioned in |
|
| subsection (1)(c) or (d), or |
|
| (b) | a member State service offence; |
|
| |
| (a) | in relation to an offence under section 42 of the |
|
| Armed Forces Act 2006, anything which by virtue of |
|
| section 376(1) and (2) of that Act is to be treated as a |
|
| |
| (b) | in relation to an offence under section 42 of the |
|
| Naval Discipline Act 1957 and a member State |
|
| service offence, a finding of guilt in respect of the |
|
| |
| “member State service offence” means an offence which was |
|
| the subject of proceedings under the law of a member State, |
|
| other than the United Kingdom, governing all or any of the |
|
| naval, military or air forces of that State. |
|
| (3) | For the purposes of subsection (1)(c) and (d), where the offence was |
|
| committed by aiding, abetting, counselling or procuring, it must be |
|
| assumed that the act aided, abetted, counselled or procured was |
|
| done in England and Wales.”” |
|
| Page 25, line 43, at end insert— |
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|
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| |
| | |
|
| “( ) | Schedule (Minimum sentence for repeat offences involving offensive weapons etc: |
|
| consequential provision) contains consequential provision.” |
|
|
Insert the following new Clause— |
|
“Extension of disqualification where custodial sentence also imposed |
|
(1) | In section 35A of the Road Traffic Offenders Act 1988 (extension of |
|
disqualification where custodial sentence also imposed)— |
|
(a) | in subsection (4)(e) and (f), omit “calculated after that term has been |
|
reduced by any relevant discount”, |
|
(b) | in subsection (4)(h), omit “calculated after that sentence has been |
|
reduced by any relevant discount”, and |
|
(c) | omit subsection (6) (definition of “relevant discount”). |
|
(2) | In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 |
|
(extension of disqualification where custodial sentence also imposed)— |
|
(a) | in subsection (4)(e) and (f), omit “calculated after that term has been |
|
reduced by any relevant discount”, |
|
(b) | in subsection (4)(h), omit “calculated after that sentence has been |
|
reduced by any relevant discount”, and |
|
(c) | omit subsection (6) (definition of “relevant discount”). |
|
(3) | In consequence of the amendments made by subsections (1) and (2), omit |
|
paragraphs 8 and 12 of Schedule 13 to the Legal Aid, Sentencing and |
|
Punishment of Offenders Act 2012.” |
|
Insert the following new Clause— |
|
“Mutual recognition of driving disqualification in UK and Republic of Ireland |
|
(1) | Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU |
|
Convention on driving disqualifications) is amended as follows. |
|
(2) | For the heading of the Chapter substitute “Mutual recognition of driving |
|
disqualification in UK and Republic of Ireland”. |
|
(3) | In section 54 (application of duty of the UK to give notice of driving |
|
|
(a) | in subsection (1), for paragraph (a) substitute— |
|
“(a) | an individual (“the offender”) is convicted of a |
|
qualifying UK road traffic offence, |
|
(aa) | when convicted, the offender— |
|
(i) | is normally resident in the Republic of |
|
|
(ii) | is not normally resident in the Republic of |
|
Ireland but holds a Republic of Ireland |
|
|
(b) | after subsection (1) insert— |
|
“(1A) | A qualifying UK road traffic offence is— |
|
(a) | an offence under the law of England and Wales or |
|
Scotland mentioned in Schedule 3; |
|
|
|
| |
| | |
|
| (b) | an offence under the law of Northern Ireland |
|
| mentioned in Schedule 3A.” |
|
| (4) | In section 56(1) (application of duty of the UK to recognise driving |
|
| disqualification imposed outside the UK), for paragraph (a) substitute— |
|
| “(a) | an individual (“the offender”) is convicted in the Republic of |
|
| Ireland of an offence described in Schedule 3B, |
|
| (aa) | when convicted, the offender— |
|
| (i) | is normally resident in the United Kingdom, or |
|
| (ii) | is not normally resident in the United Kingdom but |
|
| holds a Great Britain licence or a Northern Ireland |
|
| |
| (5) | After section 71 insert— |
|
| “71A | The specified agreement on driving disqualifications |
|
| (1) | In this Chapter, “the specified agreement on driving |
|
| disqualifications” means the agreement specified from time to time |
|
| by the Secretary of State by regulations for the purposes of this |
|
| |
| (2) | The Secretary of State may only specify an agreement made— |
|
| (a) | between the United Kingdom and the Republic of Ireland, |
|
| |
| (b) | for the purpose of giving effect in one of those States to |
|
| disqualification from driving imposed in the other on |
|
| conviction for an offence. |
|
| (3) | In this section, “disqualification from driving” means |
|
| disqualification from holding or obtaining a licence to drive a motor |
|
| |
| (6) | In Schedule (Mutual recognition of driving disqualification in UK and Republic |
|
| |
| (a) | Part 1 contains further provision for the purpose of implementing |
|
| an agreement between the United Kingdom and the Republic of |
|
| Ireland on the mutual recognition of driving disqualification; |
|
| (b) | Part 2 contains provision about the transition from the EU |
|
| Convention on driving disqualification to that agreement.” |
|
|
Insert the following new Clause— |
|
“Disclosing private sexual photographs and films with intent to cause distress |
|
(1) | It is an offence for a person to disclose a private sexual photograph or film |
|
if the disclosure is made— |
|
(a) | without the consent of an individual who appears in the |
|
|
(b) | with the intention of causing that individual distress. |
|
(2) | But it is not an offence under this section for the person to disclose the |
|
photograph or film to the individual mentioned in subsection (1)(a) and (b). |
|
|
|
| |
| | |
|
| (3) | It is a defence for a person charged with an offence under this section to |
|
| prove that he or she reasonably believed that the disclosure was necessary |
|
| for the purposes of preventing, detecting or investigating crime. |
|
| (4) | It is a defence for a person charged with an offence under this section to |
|
| |
| (a) | the disclosure was made in the course of, or with a view to, the |
|
| publication of journalistic material, and |
|
| (b) | he or she reasonably believed that, in the particular circumstances, |
|
| the publication of the journalistic material was, or would be, in the |
|
| |
| (5) | It is a defence for a person charged with an offence under this section to |
|
| |
| (a) | he or she reasonably believed that the photograph or film had |
|
| previously been disclosed for reward, whether by the individual |
|
| mentioned in subsection (1)(a) and (b) or another person, and |
|
| (b) | he or she had no reason to believe that the previous disclosure for |
|
| reward was made without the consent of the individual mentioned |
|
| in subsection (1)(a) and (b). |
|
| (6) | A person is taken to have shown the matters mentioned in subsection (4) or |
|
| |
| (a) | sufficient evidence of the matters is adduced to raise an issue with |
|
| |
| (b) | the contrary is not proved beyond reasonable doubt. |
|
| (7) | For the purposes of subsections (1) to (5)— |
|
| (a) | “consent” to a disclosure includes general consent covering the |
|
| disclosure, as well as consent to the particular disclosure, and |
|
| (b) | “publication” of journalistic material means disclosure to the public |
|
| at large or to a section of the public. |
|
| (8) | A person charged with an offence under this section is not to be taken to |
|
| have disclosed a photograph or film with the intention of causing distress |
|
| merely because that was a natural and probable consequence of the |
|
| |
| (9) | A person guilty of an offence under this section is liable— |
|
| (a) | on conviction on indictment, to imprisonment for a term not |
|
| exceeding 2 years or a fine (or both), and |
|
| (b) | on summary conviction, to imprisonment for a term not exceeding |
|
| 12 months or a fine (or both). |
|
| (10) | Schedule (Disclosing private sexual photographs or films: providers of |
|
| information society services) makes special provision in connection with the |
|
| operation of this section in relation to persons providing information |
|
| |
| (11) | In relation to an offence committed before section 154(1) of the Criminal |
|
| Justice Act 2003 comes into force, the reference in subsection (9)(b) to 12 |
|
| months is to be read as a reference to 6 months. |
|
| (12) | 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 (9)(b) to a fine is to be read as a reference to a fine |
|
| not exceeding the statutory maximum.” |
|
|
|
| |
| | |
|
| Insert the following new Clause— |
|
| “Meaning of “disclose” and “photograph or film” |
|
| (1) | The following apply for the purposes of section (Disclosing private sexual |
|
| photographs and films with intent to cause distress), this section and section |
|
| (Meaning of “private” and “sexual”). |
|
| (2) | A person “discloses” something to a person if, by any means, he or she |
|
| gives or shows it to the person or makes it available to the person. |
|
| (3) | Something that is given, shown or made available to a person is |
|
| |
| (a) | whether or not it is given, shown or made available for reward, and |
|
| (b) | whether or not it has previously been given, shown or made |
|
| |
| (4) | “Photograph or film” means a still or moving image in any form that— |
|
| (a) | appears to consist of or include one or more photographed or |
|
| |
| (b) | in fact consists of or includes one or more photographed or filmed |
|
| |
| (5) | The reference in subsection (4)(b) to photographed or filmed images |
|
| includes photographed or filmed images that have been altered in any way. |
|
| (6) | “Photographed or filmed image” means a still or moving image that— |
|
| (a) | was originally captured by photography or filming, or |
|
| (b) | is part of an image originally captured by photography or filming. |
|
| (7) | “Filming” means making a recording, on any medium, from which a |
|
| moving image may be produced by any means. |
|
| (8) | References to a photograph or film include— |
|
| (a) | a negative version of an image described in subsection (4), and |
|
| (b) | data stored by any means which is capable of conversion into an |
|
| image described in subsection (4).” |
|
| Insert the following new Clause— |
|
| “Meaning of “private” and “sexual” |
|
| (1) | The following apply for the purposes of section (Disclosing private sexual |
|
| photographs and films with intent to cause distress). |
|
| (2) | A photograph or film is “private” if it shows something that is not of a kind |
|
| ordinarily seen in public. |
|
| (3) | A photograph or film is “sexual” if— |
|
| (a) | it shows all or part of an individual’s exposed genitals or pubic |
|
| |
| (b) | it shows something that a reasonable person would consider to be |
|
| sexual because of its nature, or |
|
| (c) | its content, taken as a whole, is such that a reasonable person would |
|
| consider it to be sexual. |
|
| (4) | Subsection (5) applies in the case of — |
|
|
|
| |
| | |
|
| (a) | a photograph or film that consists of or includes a photographed or |
|
| filmed image that has been altered in any way, |
|
| (b) | a photograph or film that combines two or more photographed or |
|
| |
| (c) | a photograph or film that combines a photographed or filmed |
|
| image with something else. |
|
| (5) | The photograph or film is not private and sexual if— |
|
| (a) | it does not consist of or include a photographed or filmed image |
|
| that is itself private and sexual, |
|
| (b) | it is only private or sexual by virtue of the alteration or combination |
|
| mentioned in subsection (4), or |
|
| (c) | it is only by virtue of the alteration or combination mentioned in |
|
| subsection (4) that the person mentioned in section (Disclosing |
|
| private sexual photographs and films with intent to cause distress)(1)(a) |
|
| and (b) is shown as part of, or with, whatever makes the |
|
| photograph or film private and sexual.” |
|
| Insert the following new Clause— |
|
| “Meeting a child following sexual grooming etc |
|
| (1) | In section 15(1)(a) of the Sexual Offences Act 2003 (meeting a child |
|
| following sexual grooming etc), for “on at least two occasions” substitute |
|
| “on one or more occasions”. |
|
| (2) | In a case in which person A met or communicated with person B only once |
|
| before the event mentioned in section 15(1)(a)(i) to (iii) of the Sexual |
|
| Offences Act 2003, an offence under that section is committed only if the |
|
| meeting or communication took place after this section comes into force.” |
|
|
Page 29, line 36, at end insert— |
|
“( ) | No female, nor any male under the age of fifteen, may be placed in |
|
|
|
Insert the following new Clause— |
|
“Duties of custody officer after charge: arrested juveniles |
|
In section 37(15) of the Police and Criminal Evidence Act 1984 (definitions |
|
for the purposes of provisions about detention in Part 4 of that Act), in the |
|
definition of “arrested juvenile”, for “under the age of 17” substitute “under |
|
|
|
Page 35, line 5, leave out “court” and insert “designated officer specified in the |
|
|
|