Anti-social Behaviour, Crime and Policing Bill (HL Bill 66)

17 An offence under section 160 of the Criminal Justice Act 1988
(possession of indecent photograph of a child).

18 An indictable offence under Part 1 of the Sexual Offences Act 2003
(sexual offences).

5Offensive weapons

19 An offence under either of the following sections of the Prevention
of Crime Act 1953—

(a) section 1 (prohibition of the carrying of offensive weapons
without lawful authority or reasonable excuse),

(b) 10section 1A (threatening with offensive weapon in public).

20 An offence under any of the following provisions of the Firearms
Act 1968—

(a) section 16 (possession of firearm with intent to endanger
life),

(b) 15section 16A (possession of firearm with intent to cause fear
of violence),

(c) section 17(1) (use of firearm to resist arrest),

(d) section 17(2) (possession of firearm at time of committing
or being arrested for offence specified in Schedule 1 to the
20Act of 1968),

(e) section 18 (carrying a firearm with criminal intent),

(f) section 19 (carrying a firearm in a public place),

(g) section 20 (trespassing with firearm),

(h) section 21 (possession of firearms by persons previously
25convicted of crime).

21 An offence under either of the following sections of the Criminal
Justice Act 1988—

(a) section 139 (having article with blade or point in public
place),

(b) 30section 139AA (threatening with article with blade or point
or offensive weapon).

Offences against property

22 An offence under any of the following sections of the Theft Act
1968—

(a) 35section 8 (robbery or assault with intent to rob),

(b) section 9 (burglary),

(c) section 10 (aggravated burglary).

23 An offence under section 1 of the Criminal Damage Act 1971
(destroying or damaging property).

24 40An offence under section 30 of the Crime and Disorder Act 1998
(racially or religiously aggravated criminal damage).

Road traffic offences

25 An offence under section 35 of the Offences against the Person Act
1861 (injuring persons by furious driving).

26 An offence under section 12A of the Theft Act 1968 (aggravated
5vehicle-taking involving an accident which caused the death of
any person).

27 An offence under any of the following sections of the Road Traffic
Act 1988—

(a) section 1 (causing death by dangerous driving),

(b) 10section 1A (causing serious injury by dangerous driving),

(c) section 3A (causing death by careless driving when under
influence of drink or drugs).

Drug-related offences

28 An offence under any of the following provisions of the Misuse of
15Drugs Act 1971—

(a) section 4 (restriction of production and supply of
controlled drugs),

(b) section 5(3) (possession of controlled drugs with intent to
supply),

(c) 20section 8(a) or (b) (occupiers etc. of premises to be
punishable for permitting unlawful production or supply
etc. of controlled drugs there).

29 An offence under section 6 of that Act (restrictions of cultivation of
cannabis plant) where the cultivation is for profit and the whole or
25a substantial part of the dwelling-house concerned is used for the
cultivation.

Inchoate offences

30 (1) An offence of attempting or conspiring the commission of an
offence specified or described in this Schedule.

(2) 30An offence under Part 2 of the Serious Crime Act 2007
(encouraging or assisting) where the offence (or one of the
offences) which the person in question intends or believes would
be committed is an offence specified or described in this Schedule.

(3) An offence of aiding, abetting, counselling or procuring the
35commission of an offence specified or described in this Schedule.

Scope of offences

31 Where this Schedule refers to offences which are offences under
the law of England and Wales and another country or territory, the
reference is to be read as limited to the offences so far as they are
40offences under the law of England and Wales.”

Section 96

SCHEDULE 4 ASB case reviews: supplementary provision

Part 1 Making and revising review procedures etc

5Consultation: local policing bodies

1 (1) In making and revising the review procedures, the relevant bodies in a local
government area must consult the local policing body for the relevant police
area.

(2) The “relevant police area” is the police area which consists of, or includes,
10the local government area.

Consultation: local providers of social housing

2 In making and revising the review procedures, the relevant bodies in a local
government area must consult such local providers of social housing as they
consider appropriate.

15Dissatisfaction with ASB case reviews

3 The review procedures must include provision about what is to happen
where an applicant is dissatisfied with the way in which the relevant bodies
have—

(a) dealt with an application for an ASB case review, or

(b) 20carried out an ASB case review.

Assessment and revision of review procedures

4 The review procedures must include provision about—

(a) the assessment of the effectiveness of those procedures, and

(b) the revision of those procedures.

25Part 2 Inclusion of local providers of social housing among relevant bodies

Co-option arrangements

5 (1) The responsible authorities in a local government area must make
arrangements (“co-option arrangements”) for the inclusion of local
30providers of social housing among the relevant bodies in that area.

(2) In this paragraph “responsible authorities” means—

(a) in relation to a local government area in England—

(i) the relevant district council or the unitary authority,

(ii) the chief officer of police for the police area which that local
35government area is within, and

(iii) each clinical commissioning group established under section
14V of the National Health Service Act 2006 whose area is
wholly or partly within that local government area;

(b) in relation to a local government area in Wales—

(i) 5the council for the area,

(ii) the chief officer of police for the police area which that local
government area is within, and

(iii) each Local Health Board whose area is wholly or partly
within that local government area.

10Part 3 ASB case reviews

Consultation and co-operation: local providers of social housing

6 (1) The relevant bodies in a local government area must consult such local
providers of social housing as they consider appropriate in carrying out ASB
15case reviews.

(2) The local providers of social housing must co-operate with the relevant
bodies in the local government area in any matters specified by the relevant
bodies that concern ASB case reviews.

Information

7 (1) 20The relevant bodies in a local government area may request any person to
disclose information for a purpose connected with the carrying out of an
ASB case review.

(2) If such a request is made to a person that exercises public functions, and that
person possesses the requested information in connection with the exercise
25of such functions, the person must (subject to sub-paragraph (4)) comply
with the request.

(3) If such a request is made to a person who is not required by sub-paragraph
(2) to disclose the requested information, the person may (subject to sub-
paragraph (4)) comply with the request.

(4) 30This paragraph does not require or authorise—

(a) a disclosure, in contravention of any provisions of the Data
Protection Act 1998, of personal data which are not exempt from
those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of
35Investigatory Powers Act 2000.

(5) Subject to that, a disclosure under this paragraph does not breach—

(a) any obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information (however
40imposed).

Part 4 General

Joint review procedures or co-option arrangements

8 (1) The relevant bodies in two or more local government areas—

(a) 5may jointly make review procedures applicable to those areas;

(b) must secure that such jointly-made review procedures are in place if
co-option arrangements applicable to those areas have been jointly
made under sub-paragraph (2).

(2) The responsible authorities in two or more local government areas—

(a) 10may jointly make co-option arrangements applicable to those areas;

(b) must secure that such jointly-made co-option arrangements are in
place if review procedures applicable to those areas have been jointly
made under sub-paragraph (1).

(3) In a case where review procedures or co-option arrangements are made
15jointly in accordance with this paragraph, a reference to any of the following
in section 96, section 97 or this Schedule is to be read accordingly—

(a) the relevant bodies (in the case of review procedures) or the
responsible authorities (in the case of co-option arrangements);

(b) the local government area or the relevant police area (in either case).

20Different review procedures or co-option arrangements for different parts of an area etc

9 (1) Review procedures may make different provision in relation to different
parts of a local government area.

(2) Review procedures or co-option arrangements made jointly in accordance
with paragraph 8 may make different provision in relation to—

(a) 25different local government areas to which the procedures or
arrangements are applicable, or

(b) different parts of such areas.

Section 105

SCHEDULE 5 Amendments of Part 2 of the Sexual Offences Act 2003

30Introduction

1 Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended
as set out in this Schedule.

Sexual harm prevention orders

2 After section 103 there is inserted—

“Sexual harm prevention orders (England and Wales)

103A Sexual harm prevention orders: applications and grounds

(1) 5A court may make an order under this section (a “sexual harm
prevention order”) in respect of a person (“the defendant”) where
subsection (2) or (3) applies to the defendant.

(2) This subsection applies to the defendant where—

(a) the court deals with the defendant in respect of—

(i) 10an offence listed in Schedule 3 or 5, or

(ii) a finding that the defendant is not guilty of an offence
listed in Schedule 3 or 5 by reason of insanity, or

(iii) a finding that the defendant is under a disability and
has done the act charged against the defendant in
15respect of an offence listed in Schedule 3 or 5,

and

(b) the court is satisfied that it is necessary to make a sexual harm
prevention order, for the purpose of—

(i) protecting the public or any particular members of
20the public from sexual harm from the defendant, or

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

(3) 25This subsection applies to the defendant where—

(a) an application under subsection (4) has been made in respect
of the defendant and it is proved on the application that the
defendant is a qualifying offender, and

(b) the court is satisfied that the defendant’s behaviour since the
30appropriate date makes it necessary to make a sexual harm
prevention order, for the purpose of—

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

(ii) protecting children or vulnerable adults generally, or
35any particular children or vulnerable adults, from
sexual harm from the defendant outside the United
Kingdom.

(4) A chief officer of police or the Director General of the National Crime
Agency (“the Director General”) may by complaint to a magistrates’
40court apply for a sexual harm prevention order in respect of a person
if it appears to the chief officer or the Director General that—

(a) the person is a qualifying offender, and

(b) the person has since the appropriate date acted in such a way
as to give reasonable cause to believe that it is necessary for
45such an order to be made.

(5) A chief officer of police may make an application under subsection
(4) only in respect of a person—

(a) who resides in the chief officer’s police area, or

(b) who the chief officer believes is in that area or is intending to
5come to it.

(6) An application under subsection (4) may be made to any
magistrates’ court whose commission area includes—

(a) any part of a relevant police area, or

(b) any place where it is alleged that the person acted in a way
10mentioned in subsection (4)(b).

(7) The Director General must as soon as practicable notify the chief
officer of police for a relevant police area of any application that the
Director has made under subsection (4).

(8) In this section “relevant police area” means—

(a) 15where the applicant is a chief officer of police, the officer’s
police area;

(b) where the applicant is the Director General—

(i) the police area where the person in question resides,
or

(ii) 20a police area which the Director General believes the
person is in or is intending to come to.

103B Section 103A: supplemental

(1) In section 103A—

• “appropriate date”, in relation to a qualifying offender, means
  25the date or (as the case may be) the first date on which the
  offender was convicted, found or cautioned as mentioned in
  subsection (2) or (3) below;

• “child” means a person under 18;

• “the public” means the public in the United Kingdom;

• 30“sexual harm” from a person means physical or psychological
  harm caused—

  (a)

  by the person committing one or more offences listed
  in Schedule 3, or

  (b)

  (in the context of harm outside the United Kingdom)
  35by the person doing, outside the United Kingdom,
  anything which would constitute an offence listed in
  Schedule 3 if done in any part of the United Kingdom;

• “qualifying offender” means a person within subsection (2) or
  (3) below;

• 40“vulnerable adult” means a person aged 18 or over whose
  ability to protect himself or herself from physical or
  psychological harm is significantly impaired through
  physical or mental disability or illness, through old age or
  otherwise.

(2) 45A person is within this subsection if, whether before or after the
commencement of this Part, the person—

(a) has been convicted of an offence listed in Schedule 3 (other
than at paragraph 60) or in Schedule 5,

(b) has been found not guilty of such an offence by reason of
insanity,

(c) has been found to be under a disability and to have done the
act charged against him in respect of such an offence, or

(d) 5has been cautioned in respect of such an offence.

(3) A person is within this subsection if, under the law in force in a
country outside the United Kingdom and whether before or after the
commencement of this Part—

(a) the person has been convicted of a relevant offence (whether
10or not the person has been punished for it),

(b) a court exercising jurisdiction under that law has made in
respect of a relevant offence a finding equivalent to a finding
that the person is not guilty by reason of insanity,

(c) such a court has made in respect of a relevant offence a
15finding equivalent to a finding that the person is under a
disability and did the act charged against the person in
respect of the offence, or

(d) the person has been cautioned in respect of a relevant offence.

(4) In subsection (3), “relevant offence” means an act which—

(a) 20constituted an offence under the law in force in the country
concerned, and

(b) would have constituted an offence listed in Schedule 3 (other
than at paragraph 60) or in Schedule 5 if it had been done in
any part of the United Kingdom.

25For this purpose an act punishable under the law in force in a
country outside the United Kingdom constitutes an offence under
that law, however it is described in that law.

(5) For the purposes of section 103A, acts, behaviour, convictions and
findings include those occurring before the commencement of this
30Part.

(6) Subject to subsection (7), on an application under section 103A(4) the
condition in subsection (4)(b) above (where relevant) is to be taken as
met unless, not later than rules of court may provide, the defendant
serves on the applicant a notice—

(a) 35stating that, on the facts as alleged with respect to the act
concerned, the condition is not in the defendant’s opinion
met,

(b) showing the grounds for that opinion, and

(c) requiring the applicant to prove that the condition is met.

(7) 40The court, if it thinks fit, may permit the defendant to require the
applicant to prove that the condition is met without service of a
notice under subsection (6).

(8) Subsection (9) applies for the purposes of section 103A and this
section.

(9) 45In construing any reference to an offence listed in Schedule 3, any
condition subject to which an offence is so listed that relates—

(a) to the way in which the defendant is dealt with in respect of
an offence so listed or a relevant finding (as defined by
section 132(9)), or

(b) to the age of any person,

5is to be disregarded.

103C SHPOs: effect

(1) A sexual harm prevention order prohibits the defendant from doing
anything described in the order.

(2) Subject to section 103D(1), a prohibition contained in a sexual harm
10prevention order has effect—

(a) for a fixed period, specified in the order, of at least 5 years, or

(b) until further order.

(3) A sexual harm prevention order—

(a) may specify that some of its prohibitions have effect until
15further order and some for a fixed period;

(b) may specify different periods for different prohibitions.

(4) The only prohibitions that may be included in a sexual harm
prevention order are those necessary for the purpose of—

(a) protecting the public or any particular members of the public
20from 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.

(5) In subsection (4) “the public”, “sexual harm”, “child” and
25“vulnerable adult” each has the meaning given in section 103B(1).

(6) Where a court makes a sexual harm prevention order in relation to a
person who is already subject to such an order (whether made by
that court or another), the earlier order ceases to have effect.

103D SHPOs: prohibitions on foreign travel

(1) 30A prohibition on foreign travel contained in a sexual harm
prevention order must be for a fixed period of not more than 5 years.

(2) A “prohibition on foreign travel” means—

(a) a prohibition on travelling to any country outside the United
Kingdom named or described in the order,

(b) 35a prohibition on travelling to any country outside the United
Kingdom other than a country named or described in the
order, or

(c) a prohibition on travelling to any country outside the United
Kingdom.

(3) 40Subsection (1) does not prevent a prohibition on foreign travel from
being extended for a further period (of no more than 5 years each
time) under section 103E.

(4) A sexual harm prevention order that contains a prohibition within
subsection (2)(c) must require the defendant to surrender all of the
45defendant’s passports at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(5) Any passports surrendered must be returned as soon as reasonably
practicable after the person ceases to be subject to a sexual harm
5prevention order containing a prohibition within subsection (2)(c)
(unless the person is subject to an equivalent prohibition under
another order).

(6) Subsection (5) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of a
10country outside the United Kingdom if the passport has been
returned to those authorities;

(b) a passport issued by or on behalf of an international
organisation if the passport has been returned to that
organisation.

(7) 15In this section “passport” means—

(a) a United Kingdom passport within the meaning of the
Immigration Act 1971;

(b) a passport issued by or on behalf of the authorities of a
country outside the United Kingdom, or by or on behalf of an
20international organisation;

(c) a document that can be used (in some or all circumstances)
instead of a passport.

103E SHPOs: variations, renewals and discharges

(1) A person within subsection (2) may apply to the appropriate court
25for an order varying, renewing or discharging a sexual harm
prevention order.

(2) The persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant
30resides;

(c) a chief officer of police who believes that the defendant is in,
or is intending to come to, that officer’s police area;

(d) where the order was made on an application by a chief officer
of police under section 103A(4), that officer.

(3) 35An application under subsection (1) 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
40hearing the person making the application and (if they wish to be
heard) the other persons mentioned in subsection (2), may make any
order, varying, renewing or discharging the sexual harm prevention
order, that the court considers appropriate.

(5) An order may be renewed, or varied so as to impose additional
45prohibitions on the defendant, only if it is necessary to do so for the
purpose of—