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| | (3) | A person guilty of an offence under this Part of this Act shall be liable— |
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| | (a) | on summary conviction, to imprisonment for a term not exceeding six |
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| | months or to a fine not exceeding the statutory maximum, or to both such |
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| | |
| | (b) | on conviction on indictment, to imprisonment for a term not exceeding |
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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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| | |
| | (b) | there is a realistic prospect of investigating the case effectively, |
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| | | the Agency may seek an order from the court for an extension, for a |
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| | period of up to a further 31 days, of the moratorium period under section |
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| | (6B) | An order under subsection (6A) may be granted where the court is |
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| | satisfied that that criteria in that subsection have been met.” |
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| Clause 65, page 52, line 45, at end insert— |
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| | “( ) | An application to a sheriff for an order under section 60, 61, 63 or 64 must be |
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| | made by summary application.” |
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| | Member’s explanatory statement
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| | Under clauses 60, 61, 63 and 64 an application may be made to the appropriate court (in Scotland, |
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| | a sheriff) for continued retention of seized substances, for forfeiture or return of substances and |
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| | for compensation where no forfeiture order is made. This amendment provides that such |
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| | applications to a sheriff must be made by summary application. |
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| Clause 80, page 83, line 24, at end insert— |
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| | “( ) | Subsection (7) of section (Child sexual exploitation) and paragraph 1A of |
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| | Schedule 4 do not apply in the case of an offence proceedings for which are |
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| | started before the commencement of that subsection.” |
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| | Member’s explanatory statement
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| | This amendment is consequential on subsection (7) of NC8. It provides that the restriction of the |
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| | offence of loitering or soliciting for the purposes of prostitution to persons aged 18 or over does |
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| | not apply where proceedings for such an offence have started prior to commencement of that |
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| | |
| Clause 80, page 83, line 24, at end insert— |
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| | “( ) | The amendment made by section (Codes of practice about investigatory powers: |
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| | journalistic sources) applies only to a code of practice that is issued or revised on |
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| | or after the day on which this Act is passed.” |
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| | Member’s explanatory statement
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| | This amendment ensures that NC24 applies only to a new or newly-revised code of practice under |
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| | section 71 of the Regulation of Investigatory Powers Act 2000. |
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| |
| | |
| Clause 80, page 83, line 44, at end insert— |
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| | “( ) | in that Act, subsection (4)(b) of the section 40CB inserted by section |
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| | (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 penalty on summary |
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| | conviction for the new offence is six months’ imprisonment, rather than 12 months’, pending the |
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| | coming into force of section 154(1) of the Criminal Justice Act 2003. |
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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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| | |
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| | |
| Clause 81, page 84, line 27, leave out paragraphs (d) and (e) and insert— |
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| | “( ) | sections 66 to (Child sexual exploitation);” |
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| | Member’s explanatory statement
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| | This amendment is consequential on NC8. It provides that the New Clause extends to England and |
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| | |
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| Clause 81, page 84, line 28, at end insert— |
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| | “( ) | sections (Duty to notify police of female genital mutilation) and |
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| | (Guidance about female genital mutilation);”. |
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| | Member’s explanatory statement
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| | This amendment and amendment 7 are consequential on NC9 and NC10. They provide that the new |
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| | clauses and the new sections they insert into the Female Genital Mutilation Act 2003 extend to |
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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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| |
| |
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| Schedule 4, page 108, line 38, at end insert— |
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| | “Street Offences Act 1959 (c. 57) |
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| | 1A (1) | The Schedule to the Street Offences Act 1959 (orders under section 1(2A): |
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| | breach, amendment etc) is amended as follows. |
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| | (2) | In paragraphs 2(3), 3(3) and 5(4), for paragraphs (a) and (b) substitute “a |
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| | magistrates’ court acting in the relevant local justice area”. |
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| | (3) | In paragraph 9(2), for paragraphs (a) and (b) substitute “any magistrates’ |
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| | (5) | In paragraph 10(4), for paragraphs (a) and (b) substitute “to a prison”. |
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| | (6) | Omit paragraph 10(5). |
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| | (7) | In paragraph 11(1) omit “youth court or other”.” |
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| | Member’s explanatory statement
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| | This amendment makes consequential amendments to the Street Offences Act 1959 as a result of |
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| | the restriction of the offence of loitering or soliciting for the purposes of prostitution to persons |
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| | aged 18 or over, as provided for in subsection (7) of New Clause 8 [Child sexual exploitation]. |
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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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| |
| | |
| Schedule 4, page 117, line 3, at end insert— |
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| | “( ) | In Schedule 2 to that Act (lifestyle offences: England and Wales), in paragraph |
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| | 8 (prostitution and child sex), sub-paragraph (2) is amended as follows. |
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| | ( ) | In paragraph (b), for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”. |
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| | ( ) | In paragraph (c), for “prostitute or a child involved in pornography” substitute |
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| | “in relation to sexual exploitation”. |
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| | ( ) | In paragraph (d), for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”.” |
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| | Member’s explanatory statement
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| | This amendment and amendments 9 and 11 to 17 are consequential on NC8. In each case they |
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| | carry through to other legislative provisions the changes to the nomenclature used in the offences |
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| | in sections 48 to 50 of the Sexual Offences Act 2003, as amended by the New Clause. |
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| |
| | |
| Schedule 4, page 117, line 6, at end insert— |
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| | “Female Genital Mutilation Act 2003 (c.31) |
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| | | In section 8 of the Female Genital Mutilation Act 2003 (extent etc), in |
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| | subsection (4) after “Scotland” insert “and sections 5B and 5C do not extend |
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| | |
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| | |
| Schedule 4, page 117, line 10, at end insert— |
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| | “ | In section 54 of the Sexual Offences Act 2003 (sections 51A to 53A: |
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| | interpretation), for subsections (2) and (3) substitute— |
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| | “(2) | In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who, |
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| | on at least one occasion and whether or not compelled to do so, offers |
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| | or provides sexual services to another person in return for payment or |
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| | a promise of payment to A or a third person; and “prostitution” is to be |
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| | |
| | (3) | In subsection (2) and section 53A, “payment” means any financial |
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| | advantage, including the discharge of an obligation to pay or the |
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| |
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| | provision of goods or services (including sexual services) gratuitously |
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| | |
| | Member’s explanatory statement
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|
| | This amendment is consequential on NC8. It amends section 54 of the Sexual Offences Act 2003 so |
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| | as to preserve the existing definitions of “prostitute” and “payment” for the purposes of sections |
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| | |
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| | |
| Schedule 4, page 117, line 12, at end insert— |
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| | “ ( ) | In section 136A of that Act (meaning of specified prostitution offence etc) |
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| | subsection (2) is amended as follows. |
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| | ( ) | After paragraph (a) insert— |
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| | “(aa) | an offence under section 48 of this Act committed by causing |
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| | or inciting a child to be sexually exploited within the meaning |
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| | given by section 51(2)(a);”. |
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| | ( ) | In paragraph (b), for “section 48 of this Act, or Article 38 of the Northern |
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| | Ireland order,” substitute “Article 38 of the Northern Ireland order”.” |
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| | ( ) | After paragraph (b) insert— |
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| | “(ba) | an offence under section 49 of this Act committed by |
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| | controlling the activities of a child in relation to sexual |
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| | exploitation within the meaning given by section 51(2)(a);”. |
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| | ( ) | In paragraph (c), for “section 49 of this Act, or Article 39 of the Northern |
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| | Ireland order,” substitute “Article 39 of the Northern Ireland order”. |
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| | ( ) | After paragraph (c) insert— |
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| | “(ca) | an offence under section 50 of this Act committed by |
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| | arranging or facilitating the sexual exploitation, within the |
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| | meaning given by section 51(2)(a), of a child;”. |
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| | ( ) | In paragraph (d), for “section 50 of this Act, or Article 40 of the Northern |
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| | Ireland order,” substitute “Article 49 of the Northern Ireland order”. |
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| | ( ) | Subsection (3) of that section is amended as follows. |
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| | ( ) | Before paragraph (a) insert— |
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| | “(za) | an offence under section 48 of this Act committed by causing |
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| | or inciting a child to be sexually exploited within the meaning |
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| | given by section 51(2)(b);”. |
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| | ( ) | In paragraph (a), for “section 48 of this Act, or Article 38 of the Northern |
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| | Ireland order,” substitute “Article 38 of the Northern Ireland order”. |
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| | ( ) | After paragraph (a) insert— |
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| | “(aa) | an offence under section 49 of this Act committed by |
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| | controlling the activities of a child in relation to sexual |
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| | exploitation within the meaning given by section 51(2)(b);”. |
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| | ( ) | In paragraph (b), for “section 49 of this Act, or Article 39 of the Northern |
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| | Ireland order,” substitute “Article 39 of the Northern Ireland order”. |
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| | ( ) | After paragraph (b) insert— |
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| | “(ba) | an offence under section 50 of this Act committed by |
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| | arranging or facilitating the sexual exploitation, within the |
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| | meaning given by section 51(2)(b), of a child;”. |
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| | ( ) | In paragraph (c), for “section 50 of this Act, or Article 40 of the Northern |
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| | Ireland order,” substitute “Article 49 of the Northern Ireland order”.” |
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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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| | The effect of this amendment is that new offence of sexual communication with a child under clause |
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| | 67 will be subject to those provisions of the Sexual Offences Act 2003 which provide for extra- |
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| | territorial jurisdiction; as such, offences committed outside the United Kingdom may in certain |
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| | circumstances be prosecuted in England and Wales. |
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| |
| | |
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| Schedule 4, page 117, line 15, at end insert— |
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| | “59A | In Schedule 2 of that Act (sexual offences to which provisions about extra |
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| | territoriality application apply) in paragraph 1(d), insert— |
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| | “(iii) | section 68 (possession of paedophile manual) of |
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| | the Serious Crime Act 2015.”” |
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| | Member’s explanatory statement
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| | Provisions in the Sexual Offences Act 2003 enable certain child abuse offences committed outside |
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| | the UK to be prosecuted in England and Wales in some circumstances. This amendment enables |
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| | these extra-territorial provisions to apply to the new offence of possession of any item that contains |
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| | advice or guidance about abusing children sexually contained in Clause 68 of this Bill. |
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| |
| | |
| Schedule 4, page 117, line 36, leave out “In” |
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| |
| | |
| Schedule 4, page 117, line 37, leave out “, after” and insert “is amended as follows. |
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| | |
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| | |
| Schedule 4, page 117, line 39, at end insert— |
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| | “( ) | In paragraph 136, for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”. |
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| | ( ) | In paragraph 137, for “prostitute or a child involved in pornography” substitute |
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| | “in relation to sexual exploitation”. |
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| | ( ) | In paragraph 138, for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”.” |
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| |
| | |
| Schedule 4, page 117, line 39, at end insert— |
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| | “( ) | Schedule 15B to that Act (offences listed for the purposes of sections 224A, |
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| | 226A and 246A) is amended as follows. |
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| | ( ) | In paragraph 35, for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”. |
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| | ( ) | In paragraph 36, for “prostitute or a child involved in pornography” substitute |
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| | “in relation to sexual exploitation”. |
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| | ( ) | In paragraph 37, for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”.” |
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| |
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| |
| | |
| Schedule 4, page 118, line 3, at end insert— |
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| | “( ) | In paragraph 7(e), for “abuse of children through prostitution and |
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| | pornography” substitute “sexual exploitation of children”.” |
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| |
| | |
| Schedule 4, page 119, line 16, after “Wales),” insert “in paragraph 4 (prostitution |
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| and child sex), in sub-paragraph (2)— |
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| | (a) | in paragraph (b), for “child prostitution or pornography” substitute |
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| | “sexual exploitation of a child”; |
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| | (b) | in paragraph (c), for “prostitute or a child involved in pornography” |
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| | substitute “in relation to sexual exploitation”; |
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| | (c) | in paragraph (d), for “child prostitution or pornography” substitute |
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| | “sexual exploitation of a child”. |
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| | |
| |
| | |
| Schedule 4, page 120, line 36, at end insert— |
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| | Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) |
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| | “ | In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 |
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| | (information about guests at hotels believed to be used for child sexual |
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| | exploitation), in subsection (8)(a), for “prostitution and pornography” |
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| | substitute “sexual exploitation”.” |
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| |
| |
| | |
| Title, line 2, after “1933,” insert “the Sexual Offences Act 2003, the Street Offences Act |
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| |
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| | |
| Title, line 3, after “2005” insert “, the Prison Act 1952” |
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| | |
| Title, line 5, leave out from “agents;” to first “to” in line 6 |
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| | |
| Title, line 8, leave out from “relationships;” to “to” in line 9 |
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|