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

(a) subsections (3A) and (3B) of section 54 of the Firearms Act 1968, and

(b) paragraph 9 of Schedule 7 to the Anti-terrorism, Crime and Security
Act 2001 (which inserted those subsections).

30Part 9 Protection from sexual harm and violence

105 Sexual harm prevention orders and sexual risk orders, etc

(1) Schedule 5 (amendments of Part 2 of the Sexual Offences Act 2003) has effect.

(2) In section 142 of the Sexual Offences Act 2003 (extent etc)—

(a) 35in subsection (2) (provisions that extend to Northern Ireland, as well as
England and Wales), for paragraph (c) there is substituted—

“(c) sections 80 to 88, 89 to 91, 92 to 96, 96B to 103, 122F and
130 to 136ZB;

(ca) Part 2A;”;

(b) 40after that subsection there is inserted—

“(2A) Sections 110, 117A, 119 and 123 to 129 extend only to Northern
Ireland.”

(c) In subsection (3) (provisions that extend to Scotland, as well as England
and Wales) for paragraph (a) there is substituted—

“(a) sections 80 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, 130
to 132 and 133 to 136ZB;”;

ERROR:This is very likely an error in markup in the FM document. [\t(d)\t after that subsection there is inserted \t (3A)\t Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to Scotland. \t(3B)\t Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to Northern Ireland and Scotland but not to England and Wales.\xd3 ]

(3A) Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to
Scotland.

(3B) Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to
Northern Ireland and Scotland but not to England and Wales.”

106 10Saving and transitional provision

(1) In this section—

• “the 2003 Act” means the Sexual Offences Act 2003;

• “existing order” means—

  (a)

  a sexual offences prevention order under section 104 of the 2003
  15Act;

  (b)

  a foreign travel order under section 114 of that Act;

  (c)

  a risk of sexual harm order under section 123 of that Act;

• “new order” means—

  (a)

  a sexual harm prevention order (made under section 103A of
  20the 2003 Act, inserted by Schedule 5);

  (b)

  a sexual risk order (made under section 122A of that Act,
  inserted by that Schedule);

• “old order” means—

  (a)

  a restraining order under section 5A of the Sex Offenders Act
  251997;

  (b)

  a sex offender order under section 2 of the Crime and Disorder
  Act 1998.

(2) The repeal or amendment by this Act of sections 104 to 122 or sections 123 to
129 of the 2003 Act does not apply in relation to—

(a) 30an application made before the commencement day for an existing
order;

(b) an existing order (whether made before or after that day) applied for
before that day;

(c) anything done in connection with such an application or order.

(3) 35The following sections of the 2003 Act inserted by Schedule 5 apply (as
appropriate) to an old order as they apply to a new order—

(a) section 103E (variation, renewal and discharge of sexual harm
prevention order);

(b) section 103I (offence of breach of sexual harm prevention order);

(c) 40section 122E (variation, renewal and discharge of sexual risk order);

(d) section 122H (offence of breach of sexual risk order).

(4) As from the commencement day there may be no variation of an existing order
or an old order that extends the period of the order or of any of its provisions.

(5) At the end of the period of 5 years beginning with the commencement day—

(a) in relation to any existing order or old order that is still in force, sections
103E and 103I of the 2003 Act or sections 122E and 122H of that Act (as
appropriate) have effect, with any necessary modifications (and with
any modifications specified in an order under section 160(7) of this
5Act), as if the provisions of the order were provisions of a new order;

(b) subsections (2) and (3) cease to have effect.

(6) In this section “commencement day” means the day on which this section
comes into force.

107 Violent offender orders

(1) 10In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender
orders), after subsection (5) there is inserted—

“(6) The Secretary of State may by order—

(a) amend subsection (3);

(b) make consequential amendments to subsection (4).”

(2) 15In section 147(5) of that Act (orders etc subject to affirmative resolution
procedure), after paragraph (d) there is inserted—

“(da) an order under section 98(6),”.

(3) In section 99 of that Act (qualifying offenders), in paragraph (b) of subsection
(5) (meaning of “relevant offence”) after “a specified offence” there is inserted
20“, or the offence of murder,”.

Part 10 Forced marriage

108 Offence of breaching forced marriage protection order

(1) The Family Law Act 1996 is amended as follows.

(2) 25After section 63C there is inserted—

“63CA Offence of breaching order

(1) A person who without reasonable excuse does anything that the person
is prohibited from doing by a forced marriage protection order is guilty
of an offence.

(2) 30In the case of a forced marriage protection order made by virtue of
section 63D(1), a person can be guilty of an offence under this section
only in respect of conduct engaged in at a time when the person was
aware of the existence of the order.

(3) Where a person is convicted of an offence under this section in respect
35of any conduct, that conduct is not punishable as a contempt of court.

(4) A person cannot be convicted of an offence under this section in respect
of any conduct which has been punished as a contempt of court.

(5) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not
40exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not
exceeding 12 months, or a fine, or both.

(6) A reference in any enactment to proceedings under this Part, or to an
order under this Part, does not include a reference to proceedings for
5an offence under this section or to an order made in proceedings for
such an offence.

(7) “Enactment” includes an enactment contained in subordinate
legislation within the meaning of the Interpretation Act 1978.”

(3) For subsections (1) to (3) of section 63E there is substituted—

“(1) 10In any case where the court has power to make a forced marriage
protection order, the court may accept an undertaking from the
respondent instead of making the order.

(2) But a court may not accept an undertaking under subsection (1) if it
appears to the court—

(a) 15that the respondent has used or threatened violence against the
person to be protected, and

(b) that, for the person’s protection, it is necessary to make a forced
marriage protection order so that any breach of it by the
respondent may be punishable under section 63CA.”

(4) 20In section 63J(2), for “the order” there is substituted “a forced marriage
protection order”.

(5) The following are repealed—

(a) section 63G(6) and (7);

(b) section 63H;

(c) 25section 63I;

(d) section 63J(1);

(e) in section 63K(1) the words “under section 63I(3) or”;

(f) section 63L(4)(a).

(6) This section applies only in relation to conduct occurring on or after the day on
30which it comes into force.

(7) In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003, the reference to 12 months in section
63CA(5)(b) of the Family Law Act 1996 (inserted by subsection (2) above) is to
be read as a reference to six months.

109 35Offence of forced marriage: England and Wales

(1) A person commits an offence under the law of England and Wales if he or
she—

(a) uses violence, threats or any other form of coercion for the purpose of
causing another person to enter into a marriage, and

(b) 40believes, or ought reasonably to believe, that the conduct may cause the
other person to enter into the marriage without free and full consent.

(2) A person commits an offence under the law of England and Wales if he or
she—