Anti-social Behaviour, Crime and Policing Bill

Page 61, line 41, leave out “a person” and insert “an adult”

Page 61, line 42, after “an” insert “indictable”

Page 61, line 44, after “Ground” insert “—

“adult” means a person aged 18 or over;

“indictable offence” does not include an offence that is triable only
summarily by virtue of section 22 of the Magistrates’ Courts Act
1980 (either way offences where value involved is small);”

Page 62, line 7, leave out “a person” and insert “an adult”

Page 62, line 8, after “an” insert “indictable”

Page 62, line 10, after Ground insert “—

“adult” means a person aged 18 or over;

“indictable offence” does not include an offence that is triable only
summarily by virtue of section 22 of the Magistrates’ Courts Act
1980 (either way offences where value involved is small);”

Leave out Clause 91

Insert the following new Clause—

“Firearms licences: assessing public safety

(1)   The Firearms Act 1968 is amended as follows.

(2)   After section 28A (certificates: supplementary) insert—

“28B          Assessing public safety

(1)   When assessing the threat to public safety under section 27, 28, 30A,
30B or 30C, the Chief Police Officer must ensure that a range of
background checks are performed.

(2)   Where these checks uncover substantiated evidence of violent
conduct, domestic violence, or drug or alcohol abuse, the
presumption is that the Chief Police Officer should refuse the
licence application unless exceptional evidence can be brought
forward by the applicant as to their suitability to possess a weapon.

(3)   When assessing public safety within this section, the Chief Police
Officer must follow any guidance issued by the Secretary of State.”

(3)   After section 113(1) (power of Secretary of State to alter fees) insert—

“(1A)    Before making an order under this section, the Secretary of State
must consult chief police officers to ensure the level of fees collected
by the police under sections 32 and 35 are appropriate after
considering the costs they incur through the administration and
assessment of firearms’ licences made under this Act.””

Page 76, line 37, after “80” insert “to 85, 86”

Page 76, line 38, leave out “136ZB” and insert “136ZD”

Page 76, line 41, leave out from “Sections” to “extend” and insert “85A, 96A, 96AA,
110, 117A, 119 and 123 to 129 and Schedule 3A”

Page 77, line 3, after “80” insert “to 85, 86”

Page 77, line 9, at end insert—

“(3C)    The references to section 96A in subsections (2A) and (3A)
are references respectively to—

(a)   the section 96A inserted by the Criminal Justice Act
(Northern Ireland) 2013, and

(b)   the section 96A inserted by the Police, Public Order
and Criminal Justice (Scotland) Act 2006.”

Page 154, line 32, leave out “this Schedule” and insert “paragraphs 2 to 6”

Page 156, line 7, leave out “whose commission area” and insert “acting for a local
justice area that”

Page 156, line 13, at end insert—

“( )   Where the defendant is a child, a reference in this section to a
magistrates’ court is to be taken as referring to a youth court
(subject to any rules of court made under section 103K(1)).”

Page 160, line 7, at end insert—

“( )   In subsection (5) “the public”, “sexual harm”, “child” and
“vulnerable adult” each has the meaning given in section
103B(1).”

Page 160, line 20, leave out first “a” and insert “an adult”

Page 160, line 20, leave out second “a” and insert “an adult”

Page 160, line 23, after first “any” insert “adult”

Page 160, line 23, leave out “whose commission area” and insert “acting for a local
justice area that”

Page 160, line 25, after “order” insert “and the defendant is under the age of 18”

Page 160, line 28, leave out “whose commission area” and insert “acting for a local
justice area that”

Page 160, line 29, at end insert—

“( )   where a youth court made the order and the defendant is
aged 18 or over, an adult magistrates’ court for the area in
which the defendant resides or, where the application is
made by a chief officer of police, any adult magistrates’
court acting for a local justice area that includes any part
of the chief officer’s police area.

In this subsection “adult magistrates’ court” means a
magistrates’ court that is not a youth court.”

Page 163, line 10, at end insert—

“103K           SHPOs and interim SHPOs: supplementary

(1)   Rules of court—

(a)   may provide for a youth court to give permission for an
application under section 103A(4) against a person aged
18 or over to be made to the youth court if—

(i)   an application to the youth court has been made,
or is to be made, under that section against a
person aged under 18, and

(ii)   the youth court thinks that it would be in the
interests of justice for the applications to be heard
together;

(b)   may, in relation to a person attaining the age of 18 after
proceedings against that person by virtue of section 103A,
103E, 103F or 103G(6) or (7) have begun—

(i)   prescribe circumstances in which the proceedings
may or must remain in the youth court;

(ii)   make provision for the transfer of the proceedings
from the youth court to a magistrates’ court that is
not a youth court (including provision applying
section 103F with modifications).

(2)   A person’s age is treated for the purposes of sections 103A to 103J
and this section as being that which it appears to the court to be
after considering any available evidence.”

Page 163, line 34, leave out “commission” and insert “local justice”

Page 164, line 36, at end insert—

“( )   Where the defendant is a child, a reference in that section to a
magistrates’ court is to be taken as referring to a youth court
(subject to any rules of court made under section 122K(1)).”

Page 166, leave out lines 29 to 34 and insert—

“(a)   where an adult magistrates’ court made the sexual risk
order, that court, any adult magistrates’ court for the area
in which the defendant resides or, where the application
is made by a chief officer of police, any adult magistrates’
court acting for a local justice area that includes any part
of the chief officer’s police area;

(b)   where a youth court made the order and the defendant is
under the age of 18, that court, a youth court for the area
in which the defendant resides or, where the application
is made by a chief officer of police, any youth court acting
for a local justice area that includes any part of the chief
officer’s police area;

(c)   where a youth court made the order and the defendant is
aged 18 or over, an adult magistrates’ court for the area in
which the defendant resides or, where the application is
made by a chief officer of police, any adult magistrates’
court acting for a local justice area that includes any part
of the chief officer’s police area.

In this subsection “adult magistrates’ court” means a
magistrates’ court that is not a youth court.”

Page 169, line 41, at end insert—

“122K            Sexual risk orders and interim sexual risk orders:
supplementary

(1)   Rules of court—

(a)   may provide for a youth court to give permission for an
application under section 122A against a person aged 18
or over to be made to the youth court if—

(i)   an application to the youth court has been made,
or is to be made, under that section against a
person aged under 18, and

(ii)   the youth court thinks that it would be in the
interests of justice for the applications to be heard
together;

(b)   may, in relation to a person attaining the age of 18 after
proceedings against that person by virtue of section 122A,
122D or 122E have begun—

(i)   prescribe circumstances in which the proceedings
may or must remain in the youth court;

(ii)   make provision for the transfer of the proceedings
from the youth court to a magistrates’ court that is
not a youth court (including provision applying
section 122E with modifications).

(2)   A person’s age is treated for the purposes of sections 122A to 122J
and this section as being that which it appears to the court to be
after considering any available evidence.”

Page 171, line 26, at end insert—

“136ZC         Variation of sexual harm prevention order by court in
Northern Ireland

(1)   This section applies where a sexual harm prevention order has
been made in respect of a person who now—

(a)   is residing in Northern Ireland, or

(b)   is in or is intending to come to Northern Ireland.

(2)   An application may be made to the appropriate court in
Northern Ireland—

(a)   by the defendant, or

(b)   by the Chief Constable,

for an order varying the sexual harm prevention order.

(3)   An application under subsection (2) may be made—

(a)   where the appropriate court is the Crown Court, in
accordance with rules of court;

(b)   in any other case, by complaint.

(4)   Subject to subsections (5) and (6), on the application the court,
after hearing the person making the application and the other
person mentioned in subsection (2) (if that person wishes to be
heard), may make any order varying the sexual harm prevention
order that the court considers appropriate.

(5)   An order may be varied so as to impose additional prohibitions
on the defendant only if it is necessary to do so for the purpose
of—

(a)   protecting the public in Northern Ireland, or any
particular members of the public in Northern Ireland,
from sexual harm from the defendant, or

(b)   protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual
harm from the defendant outside the United Kingdom.

(6)   An order as varied under this section may contain only such
prohibitions as are necessary for the purpose of—

(a)   protecting the public or any particular members of the
public from sexual harm from the defendant, or

(b)   protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual
harm from the defendant outside the United Kingdom.

(7)   The defendant may appeal against the making of an order under
this section, or the refusal to make such an order—

(a)   where the application for such an order was made to the
Crown Court, to the Court of Appeal in Northern Ireland;

(b)   in any other case, to a county court in Northern Ireland.

(8)   On an appeal under subsection (7)(b), the county court may make
such orders as may be necessary to give effect to its
determination of the appeal, and may also make such incidental
or consequential orders as appear to it to be just.

(9)   In this section—

“the appropriate court” means—

(a)   where the sexual harm prevention order was made by—

(a)   the Crown Court, otherwise than on
appeal from a magistrates’ court, or

(b)   the Court of Appeal,

the Crown Court (in Northern Ireland);

the Crown Court (in Northern Ireland);

(b)   where—

(a)   the sexual harm prevention order was
made by a magistrates’ court, or by the
Crown Court on appeal from a
magistrates’ court, and

(b)   the defendant is aged 18 or over,

any court of summary jurisdiction in Northern Ireland;

any court of summary jurisdiction in Northern
Ireland;

(c)   where—

(a)   the defendant is aged under 18, and

(b)   paragraph (a) does not apply,

any youth court in Northern Ireland;

any youth court in Northern Ireland;

“the Chief Constable” means the Chief Constable of the
Police Service of Northern Ireland;

“sexual harm”, “child” and “vulnerable adult” each has the
meaning given in section 103B(1).

136ZD         Variation of sexual risk order by court in Northern Ireland

(1)   This section applies where a sexual risk order has been made in
respect of a person who now—

(a)   is residing in Northern Ireland, or

(b)   is in or is intending to come to Northern Ireland.

(2)   An application may be made to the appropriate court in
Northern Ireland—

(a)   by the defendant, or

(b)   by the Chief Constable,

for an order varying the sexual risk order.

(3)   Subject to subsections (4) and (5), on the application the court,
after hearing the person making the application and the other
person mentioned in subsection (2) (if that person wishes to be
heard), may make any order varying the sexual risk order that
the court considers appropriate.

(4)   An order may be varied so as to impose additional prohibitions
on the defendant only if it is necessary to do so for the purpose
of—

(a)   protecting the public in Northern Ireland, or any
particular members of the public in Northern Ireland,
from harm from the defendant, or

(b)   protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from
the defendant outside the United Kingdom.

(5)   An order as varied under this section may contain only such
prohibitions as are necessary for the purpose of—

(a)   protecting the public or any particular members of the
public from harm from the defendant, or

(b)   protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from
the defendant outside the United Kingdom.

(6)   The defendant may appeal against the making of an order under
this section, or the refusal to make such an order, to a county
court in Northern Ireland.

(7)   On an appeal under subsection (6), the county court may make
such orders as may be necessary to give effect to its
determination of the appeal, and may also make such incidental
or consequential orders as appear to it to be just.

(8)   In this section—

“the appropriate court” means—

(a)   where the defendant is aged 18 or over, any court
of summary jurisdiction in Northern Ireland;

(b)   where the defendant is aged under 18, any youth
court in Northern Ireland;

“the Chief Constable” means the Chief Constable of the
Police Service of Northern Ireland;

“harm”, “child” and “vulnerable adult” each has the
meaning given in section 122B(1).”

Page 171, line 26, at end insert—

“Service courts

   (1)   Section 137 of the Sexual Offences Act 2003 (service courts) is amended
as follows.

(2)   In subsection (2), for “104(1)” there is substituted “103A(1)”.

(3)   For subsection (3) there is substituted—

“(3)   Where the court making a sexual harm prevention order is a
service court—

(a)   sections 103A(3) to (8), 103F and 103J do not apply;

(b)   sections 103A(1) and (2), 103B to 103E and 103G to 103I
apply—

(i)   subject to paragraphs (c) and (d), and

(ii)   as if they extended to the whole of the United
Kingdom;

(c)   in relation to an application under section 103E in respect
of a defendant who at the time of the application is a
person subject to service law or a civilian subject to
service discipline—

(i)   the application may be made only by the
defendant or a Provost Martial, and must be made
to the Court Martial;

(ii)   consent under section 103E(6) must be the consent
of the defendant and a Provost Martial;

(iii)   an appeal against the making of an order under
section 103E, or the refusal to make such an order,
must be made to the Court Martial Appeal Court;

(d)   in relation to an application under section 103E in respect
of a defendant who at the time of the application is
neither a person subject to service law nor a civilian
subject to service discipline—

(i)   the application must be made to the Crown Court
in England and Wales;

(ii)   an appeal against the making of an order under
section 103E, or the refusal to make such an order,
must be made to the Court of Appeal in England
and Wales.”

(4)   In subsection (4)—

(a)   for “section “service court” means” there is substituted “section—

“civilian subject to service discipline” has the same meaning as
in the Armed Forces Act 2006 (see section 370 of that Act);

“service court” means”;

(b)   at the end there is inserted—

““subject to service law” has the same meaning as in the
Armed Forces Act 2006 (see section 374 of that Act).”

(5)   After subsection (5) there is inserted—

“(6)   Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in
relation to a sexual harm prevention order made by the Court
Martial Appeal Court, as if the reference to a service court in that
subsection included a reference to that court.”

Page 79, line 41, at end insert—

“( )   A person also commits an offence under the law of England and Wales if
he or she causes another person to enter into a marriage and that other
person lacks the capacity to consent to that marriage.”

Page 178, line 8, at end insert—

“Limits on duty to give information and documents

1AA In paragraph 5(1) of Schedule 7 to the Terrorism Act 2000, before “A
person who is questioned” insert “Subject to paragraph 9A below,”.”

Page 178, line 17, at end insert—

“(2A)    A person questioned under paragraph 2 or 3 may not be detained
under paragraph 6 unless the examining officer has reasonable
grounds to suspect that he is a person falling within section
40(1)(b).”

Page 178, line 25, at end insert—

“2A In paragraph 8(1) of Schedule 7 to the Terrorism Act 2000, before “An
examining officer” insert “Subject to paragraph 9A below,”.”

Page 179, line 14, at end insert—

“3A In paragraph 9(1) of Schedule 7 to the Terrorism Act 2000, before “An
examining officer” insert “Subject to paragraph 9A below,”.

3B In Schedule 7 to the Terrorism Act 2000, after paragraph 9 insert—

“Data stored on personal electronic devices

9A    (1)   For the purposes of this Schedule

(a)   the information or documents which a person can be
required to give the examining officer under
paragraph 5,

(b)   the things which may be searched under paragraph 8,
and

(c)   the property which may be examined under paragraph
9

do not include data stored on personal electronic devices unless the person is detained under paragraph 6.

(2)   “Personal electronic device” includes a mobile phone, a
personal computer and any other portable electronic device on
which personal information is stored.”.”

Page 128, line 5, leave out “beyond reasonable doubt that the person was innocent
of the offence” and insert “conclusively that the evidence against the person at trial
is so undermined that no conviction could possibly be based on it”

Page 132, line 18, at end insert—

“(2A)    The Secretary of State may by order make amendments to sections 136 and
142 of the Sexual Offences Act 2003 that are consequential on the coming
into force of any amendment of Part 2 of that Act made by the Criminal
Justice Act (Northern Ireland) 2013.”

Page 202, line 18, at end insert—

“Armed Forces Act 2006 (c. 52)

In Schedule 3A to the Armed Forces Act 2006 (Court Martial sentencing
powers where election for trial by that court instead of CO), paragraph
13(2) and (3) (service sexual offences prevention orders) is repealed.

Armed Forces Act 2011 (c. 18)

   (1)   Section 17 of the Armed Forces Act 2011 (service sexual offences
prevention orders) is repealed.

(2)   In Schedule 4 to that Act (consequential amendments), paragraph 3(3) is
repealed.”

Page 133, line 2, after “section” insert “166(2A) or”

Line 4, after “firearms” insert “, about sexual harm and violence”