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| | Clause 80, page 84, line 10, at end insert— |
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| | | “( ) | in that Act, subsection (4)(b) of the section 40CB inserted by |
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| | | section (Throwing articles into prisons) above;” |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on NC23. It provides that the maximum fine on summary |
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| | | conviction for the new offence is the current statutory maximum (£5,000), rather than an unlimited |
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| | | fine, pending the coming into force of section 85(1) of the Legal Aid, Sentencing and Punishment |
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| | Clause 81, page 84, line 30, leave out “section 75” and insert “sections 75 and |
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| | (Throwing articles into prisons)” |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on NC23. It provides that the New Clause extends to England |
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| | Clause 82, page 85, line 28, at end insert— |
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| | | “( ) | section (Codes of practice about investigatory powers: journalistic |
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| | | Member’s explanatory statement
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| | | This amendment ensures that NC24 comes into force as soon as the Bill receives Royal Assent. |
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| | Schedule 4, page 110, line 32, at end insert— |
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| | | “Regulation of Investigatory Powers Act 2000 (c. 23) |
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| | | | In section 71 of the Regulation of Investigatory Powers Act 2000 (issue and |
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| | | revision of codes of practice), in subsection (8), for “(3)” substitute “(2A)”.” |
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| | | Member’s explanatory statement
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| | | This amendment, which is consequential on NC24, ensures that the new subsection (2A) inserted |
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| | | by that New Clause applies not just to a new code of practice but also to a revised code. |
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| | Title, line 3, after “2005” insert “, the Prison Act 1952” |
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| | Title, line 8, leave out from “relationships;” to “to” in line 9 |
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| | Title, line 12, after “crime;” insert “to make provision about codes of practice that relate |
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| | to the exercise and performance, in connection with the prevention or detection of serious |
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| | crime, of powers and duties in relation to communications;” |
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| | Schedule 4, page 117, line 13, leave out paragraph 59. |
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| | | Member’s explanatory statement
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| | | This amendment applies extra-territoriality in relation to a new child abuse offence in the Bill. |
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| | | Provisions in the Sexual Offences Act 2003 enable such offences committed outside the UK to be |
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| | | prosecuted in England and Wales in some circumstances. Removing paragraph 59 of Schedule 4 |
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| | | enables these extra-territorial provisions to apply to the new offence of sexual communications |
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| | | with a child under the age of 16 for the purposes of obtaining sexual gratification. |
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| | | To move the following Clause— |
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| | | | “Termination of pregnancy on grounds of sex of foetus |
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| | | (1) | The Secretary of State shall arrange for an assessment to be made of the evidence |
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| | | of termination of pregnancy on the grounds of the sex of the foetus in England, |
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| | | (2) | The arrangements made under subsection (1) shall be such as to enable |
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| | | publication of the assessment by the Secretary of State within 6 months of the |
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| | | date of Royal Assent to this Act. |
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| | | (3) | The Secretary of State shall consider the assessment made under subsection (1) |
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| | | (a) | determine and publish a strategic plan to tackle substantiated concerns |
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| | | identified in the assessment made under subsection (1); or |
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| | | (b) | a statement and explanation in relation to why a plan under subsection |
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| | | (4) | Any strategic plan under subsection (3)(a) must include, but not be limited to, |
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| | | (a) | to promote change in the social and cultural patterns of behaviour with a |
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| | | view to eradicating prejudices, customs, traditions and all other practices |
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| | | which are based on the idea of the inferiority of women and which may |
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| | | amount to pressure to seek a termination on the grounds of the sex of the |
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| | | (b) | to ensure best practise exists in identifying women being coerced or |
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| | | pressured into seeking a termination on the grounds of the sex of the |
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| | | foetus, or at risk of being so, and in the provision of protection and |
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| | | support to potential victims; and |
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| | | (c) | to promote guidance to service providers, health professionals and other |
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| | | (5) | The Secretary of State must lay a copy of the plan, determined under subsection |
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| | | (3)(a), before each House of Parliament within 6 months of the publication date |
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| | | of the assessment under subsection (2).” |
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| | | To move the following Clause— |
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| | | | “Automatic Special Measures: controlling or coercive behaviour cases |
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| | | The Youth Justice and Criminal Evidence Act 1999 is amended as follows— |
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| | | In section 17, after “offence” insert “an offence of controlling or coercive |
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| | | behaviour in an intimate or family setting contrary to section 73 of the Serious |
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| | | To move the following Clause— |
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| | | | “Offence of abduction of child by other person |
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| | | (1) | In section 2 of the Child Abduction Act 1984, after subsection (1), insert— |
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| | | “(1A) | Subject to subsection (3)(a)-(c), a person, other than one mentioned in |
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| | | subsection (2), commits an offence if, without lawful authority or |
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| | | reasonable excuse, he takes or detains a child between the ages of sixteen |
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| | | (a) | so as to remove him from the lawful control of any person having |
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| | | lawful control of the child; or |
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| | | (b) | so as to keep him out of the lawful control of any person entitled |
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| | | to lawful control of the child.” |
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| | | (2) | In section 2(3) of the Child Abduction Act 1984, for paragraph (b) substitute— |
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| | | “(b) | that, at the time of the alleged offence under subsection 2(1), he |
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| | | believed that the child had attained the age of sixteen, |
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| | | (bA) | that, at the time of the alleged offence under subsection 2(2), he |
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| | | believed the child had attained the age of eighteen,”” |
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| To move the following Clause— |
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| | | | “Child sexual exploitation |
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| | | (1) | The Sexual Offences Act 2003 is amended as set out in subsections (2) to (6). |
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| | | (2) | For the heading before section 47 substitute “Sexual exploitation of children”. |
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| | | (3) | In section 48 (headed “Causing or inciting child prostitution or pornography”)— |
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5 | | (a) | in the heading, for “child prostitution or pornography” substitute |
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| | | “sexual exploitation of a child”; |
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| | | (b) | in subsection (1)(a), for “to become a prostitute, or to be involved in |
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| | | pornography,” substitute “to be sexually exploited”. |
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| | | (4) | In section 49 (headed “Controlling a child prostitute or a child involved in |
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| | | (a) | in the heading, for “prostitute or a child involved in pornography” |
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| | | substitute “in relation to sexual exploitation”; |
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| | | (b) | in subsection (1)(a), for “prostitution or involvement in pornography” |
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| | | substitute “sexual exploitation”. |
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15 | | (5) | In section 50 (headed “Arranging or facilitating child prostitution or |
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| | | (a) | in the heading, for “child prostitution or pornography” substitute |
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| | | “sexual exploitation of a child”; |
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| | | (b) | in subsection (1)(a), for “prostitution or involvement in pornography” |
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20 | | substitute “sexual exploitation”. |
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| | | (6) | In section 51 (interpretation of sections 48 to 50)— |
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| | | (b) | for subsection (2) substitute— |
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| | | “(2) | For the purposes of sections 48 to 50, a person (B) is sexually |
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| | | (a) | on at least one occasion and whether or not compelled to |
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| | | do so, B offers or provides sexual services to another |
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| | | person in return for payment or a promise of payment to |
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30 | | (b) | an indecent image of B is recorded; |
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| | | | and “sexual exploitation” is to be interpreted accordingly.” |
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| | | (7) | In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes |
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| | | of prostitution), in subsection (1), after “person” insert “aged 18 or over”.” |
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| | | Member’s explanatory statement
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| | | This New Clause replaces the references to child prostitution and pornography in sections 48 to |
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| | | 51 of the Sexual Offences Act 2003 with references to the sexual exploitation of children (without |
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| | | altering the substance of the relevant offences), and also restricts to adults the offence of loitering |
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| | | or soliciting for the purposes of prostitution. |
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| | | As an Amendment to Secretary Theresa May’s proposed New Clause (Child sexual |
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| | Line 27, leave out “offers or provides sexual services to” and insert “prepares to |
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| | engage in, or engages in, sexual activity with.” |
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| | | To move the following Clause— |
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| | | | “Proceeds of Crime: detection and prevention of money-laundering measures |
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| | | The Proceeds of Crime Act is amended as follows— |
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| | | In section 335, after subsection (6), insert— |
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| | | “(6A) | Where the National Crime Agency has reasonable grounds to believe |
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| | | (a) | activity that gave rise to a Suspicious Activity Report is related |
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