15096.1-7

House of Lords

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Commons Amendments
[The page and line references are to Bill 116, the bill as first printed for the Commons.]
Before Clause 37
Insert the following new Clause—
“Exemption from civil liability for money-laundering disclosures
In section 338 of the Proceeds of Crime Act 2002 (money laundering:
authorised disclosures), after subsection (4) insert—
“(4A)
Where an authorised disclosure is made in good faith, no civil
liability arises in respect of the disclosure on the part of the person
by or on whose behalf it is made.””
Clause 64
Page 52, line 32, at end insert—
“( )
An application to a sheriff for an order under section 59, 60, 62 or 63 must
be made by summary application.”
After Clause 65
Insert the following new Clause—
“Sexual communication with a child
After section 15 of the Sexual Offences Act 2003 insert—
“15A
Sexual communication with a child
(1)
A person aged 18 or over (A) commits an offence if—
(a)
for the purpose of obtaining sexual gratification, A
intentionally communicates with another person (B),

HL Bill 96

2

(b)
the communication is sexual or is intended to encourage B

to make (whether to A or to another) a communication that

is sexual, and

(c)
B is under 16 and A does not reasonably believe that B is 16

or over.

(2)
For the purposes of this section, a communication is sexual if—

(a)
any part of it relates to sexual activity, or

(b)
a reasonable person would, in all the circumstances but

regardless of any person’s purpose, consider any part of the

communication to be sexual;


and in paragraph (a) “sexual activity” means an activity that a

reasonable person would, in all the circumstances but regardless of

any person’s purpose, consider to be sexual.

(3)
A person guilty of an offence under this section is liable—

(a)
on summary conviction, to imprisonment for a term not

exceeding 12 months or a fine or both;

(b)
on conviction on indictment, to imprisonment for a term not

exceeding 2 years.””

Insert the following new Clause—

“Child sexual exploitation

(1)
The Sexual Offences Act 2003 is amended as set out in subsections (2) to (6).

(2)
For the heading before section 47 substitute “Sexual exploitation of children”.

(3)
In section 48 (headed “Causing or inciting child prostitution or

pornography”)—

(a)
in the heading, for “child prostitution or pornography” substitute

“sexual exploitation of a child”;

(b)
in subsection (1)(a), for “to become a prostitute, or to be involved in

pornography,” substitute “to be sexually exploited”.

(4)
In section 49 (headed “Controlling a child prostitute or a child involved in

pornography”)—

(a)
in the heading, for “prostitute or a child involved in pornography”

substitute “in relation to sexual exploitation”;

(b)
in subsection (1)(a), for “prostitution or involvement in

pornography” substitute “sexual exploitation”.

(5)
In section 50 (headed “Arranging or facilitating child prostitution or

pornography”)—

(a)
in the heading, for “child prostitution or pornography” substitute

“sexual exploitation of a child”;

(b)
in subsection (1)(a), for “prostitution or involvement in

pornography” substitute “sexual exploitation”.

(6)
In section 51 (interpretation of sections 48 to 50)—

(a)
omit subsection (1);

(b)
for subsection (2) substitute—

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“(2)
For the purposes of sections 48 to 50, a person (B) is sexually

exploited if—

(a)
on at least one occasion and whether or not

compelled to do so, B offers or provides sexual

services to another person in return for payment or

a promise of payment to B or a third person, or

(b)
an indecent image of B is recorded;


and “sexual exploitation” is to be interpreted accordingly.”

(7)
In section 1 of the Street Offences Act 1959 (loitering or soliciting for

purposes of prostitution), in subsection (1), after “person” insert “aged 18

or over”.”
After Clause 70
Insert the following new Clause—
“Duty to notify police of female genital mutilation
After section 5A of the Female Genital Mutilation Act 2003 (inserted by
section 70 above) insert—
“5B
Duty to notify police of female genital mutilation
(1)
A person who works in a regulated profession in England and
Wales must make a notification under this section (an “FGM
notification”) if, in the course of his or her work in the profession,
the person discovers that an act of female genital mutilation
appears to have been carried out on a girl who is aged under 18.
(2)
For the purposes of this section—
(a)
a person works in a “regulated profession” if the person is—
(i)
a healthcare professional,
(ii)
a teacher, or
(iii)
a social care worker in Wales;
(b)
a person “discovers” that an act of female genital mutilation
appears to have been carried out on a girl in either of the
following two cases.
(3)
The first case is where the girl informs the person that an act of
female genital mutilation (however described) has been carried out
on her.
(4)
The second case is where—
(a)
the person observes physical signs on the girl appearing to
show that an act of female genital mutilation has been
carried out on her, and
(b)
the person has no reason to believe that the act was, or was
part of, a surgical operation within section 1(2)(a) or (b).
(5)
An FGM notification—
(a)
is to be made to the chief officer of police for the area in
which the girl resides;

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(b)
must identify the girl and explain why the notification is

made;

(c)
must be made before the end of one month from the time

when the person making the notification first discovers that

an act of female genital mutilation appears to have been

carried out on the girl;

(d)
may be made orally or in writing.

(6)
The duty of a person working in a particular regulated profession

to make an FGM notification does not apply if the person has reason

to believe that another person working in that profession has

previously made an FGM notification in connection with the same

act of female genital mutilation.


For this purpose, all persons falling within subsection (2)(a)(i) are to

be treated as working in the same regulated profession.

(7)
A disclosure made in an FGM notification 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.

(8)
The Secretary of State may by regulations amend this section for the

purpose of adding, removing or otherwise altering the descriptions

of persons regarded as working in a “regulated profession” for the

purposes of this section.

(9)
The power to make regulations under this section—

(a)
is exercisable by statutory instrument;

(b)
includes power to make consequential, transitional,

transitory or saving provision.

(10)
A statutory instrument containing regulations under this section is

not to be made unless a draft of the instrument has been laid before,

and approved by a resolution of, each House of Parliament.

(11)
In this section—

“act of female genital mutilation” means an act of a kind

mentioned in section 1(1);

“healthcare professional” means a person registered with any

of the regulatory bodies mentioned in section 25(3) of the

National Health Service Reform and Health Care

Professions Act 2002 (bodies within remit of the

Professional Standards Authority for Health and Social

Care);

“registered”, in relation to a regulatory body, means registered

in a register that the body maintains by virtue of any

enactment;

“social care worker” means a person registered in a register

maintained by the Care Council for Wales under section 56

of the Care Standards Act 2000;

“teacher” means—

(a)
in relation to England, a person within section

141A(1) of the Education Act 2002 (persons

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employed or engaged to carry out teaching work at

schools and other institutions in England);

(b)
in relation to Wales, a person who falls within a

category listed in the table in paragraph 1 of

Schedule 2 to the Education (Wales) Act 2014 (anaw

5) (categories of registration for purposes of Part 2 of

that Act) or any other person employed or engaged

as a teacher at a school (within the meaning of the

Education Act 1996) in Wales.

(12)
For the purposes of the definition of “healthcare professional”, the

following provisions of section 25 of the National Health Service

Reform and Health Care Professions Act 2002 are to be ignored—

(a)
paragraph (g) of subsection (3);

(b)
subsection (3A).””

Insert the following new Clause—

“Guidance about female genital mutilation

(1)
After section 5B of the Female Genital Mutilation Act 2003 (inserted by

section (Duty to notify police of female genital mutilation) above) insert—

“5C
Guidance

(1)
The Secretary of State may issue guidance to whatever persons in

England and Wales the Secretary of State considers appropriate

about—

(a)
the effect of any provision of this Act, or

(b)
other matters relating to female genital mutilation.

(2)
A person exercising public functions to whom guidance is given

under this section must have regard to it in the exercise of those

functions.

(3)
Nothing in this section permits the Secretary of State to give

guidance to any court or tribunal.

(4)
Before issuing guidance under this section the Secretary of State

must consult—

(a)
the Welsh Ministers so far as the guidance is to a body

exercising devolved Welsh functions;

(b)
any person whom the Secretary of State considers

appropriate.

(5)
A body is exercising “devolved Welsh functions” if its functions are

exercisable only in or as regards Wales and are wholly or mainly

functions relating to—

(a)
a matter in respect of which functions are exercisable by the

Welsh Ministers, the First Minister for Wales or the Counsel

General to the Welsh Government, or

(b)
a matter within the legislative competence of the National

Assembly for Wales.

(6)
The Secretary of State may from time to time revise any guidance

issued under this section.

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(7)
Subsections (2) and (3) have effect in relation to any revised

guidance.

(8)
Subsection (4) has effect in relation to any revised guidance unless

the Secretary of State considers the proposed revisions of the

guidance are insubstantial.

(9)
The Secretary of State must publish the current version of any

guidance issued under this section.”

(2)
Consultation for the purposes of subsection (4) of section 5C of the Female

Genital Mutilation Act 2003 (inserted by subsection (1) above) may be, or

include, consultation before the coming into force of this section.”

Insert the following new Clause—

“Controlling or coercive behaviour in an intimate or family relationship

(1)
A person (A) commits an offence if—

(a)
A repeatedly or continuously engages in behaviour towards

another person (B) that is controlling or coercive,

(b)
at the time of the behaviour, A and B are personally connected,

(c)
the behaviour has a serious effect on B, and

(d)
A knows or ought to know that the behaviour will have a serious

effect on B.

(2)
A and B are “personally connected” if—

(a)
A is in an intimate personal relationship with B, or

(b)
A and B live together and—

(i)
they are members of the same family, or

(ii)
they have previously been in an intimate personal

relationship with each other.

(3)
But A does not commit an offence under this section if at the time of the

behaviour in question—

(a)
A has responsibility for B, for the purposes of Part 1 of the Children

and Young Persons Act 1933 (see section 17 of that Act), and

(b)
B is under 16.

(4)
A’s behaviour has a “serious effect” on B if—

(a)
it causes B to fear, on at least two occasions, that violence will be

used against B, or

(b)
it causes B serious alarm or distress which has a substantial adverse

effect on B’s usual day-to-day activities.

(5)
For the purposes of subsection (1)(d) A “ought to know” that which a

reasonable person in possession of the same information would know.

(6)
For the purposes of subsection (2)(b)(i) A and B are members of the same

family if—

(a)
they are, or have been, married to each other;

(b)
they are, or have been, civil partners of each other;

(c)
they are relatives;

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(d)
they have agreed to marry one another (whether or not the

agreement has been terminated);

(e)
they have entered into a civil partnership agreement (whether or

not the agreement has been terminated);

(f)
they are both parents of the same child;

(g)
they have, or have had, parental responsibility for the same child.

(7)
In subsection (6)—

“civil partnership agreement” has the meaning given by section 73 of

the Civil Partnership Act 2004;

“child” means a person under the age of 18 years;

“parental responsibility” has the same meaning as in the Children Act

1989;

“relative” has the meaning given by section 63(1) of the Family Law

Act 1996.

(8)
In proceedings for an offence under this section it is a defence for A to show

that—

(a)
in engaging in the behaviour in question, A believed that he or she

was acting in B’s best interests, and

(b)
the behaviour was in all the circumstances reasonable.

(9)
A is to be taken to have shown the facts mentioned in subsection (8) if—

(a)
sufficient evidence of the facts is adduced to raise an issue with

respect to them, and

(b)
the contrary is not proved beyond reasonable doubt.

(10)
The defence in subsection (8) is not available to A in relation to behaviour

that causes B to fear that violence will be used against B.

(11)
A person guilty of an offence under this section is liable—

(a)
on conviction on indictment, to imprisonment for a term not

exceeding 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.”

Insert the following new Clause—

“Guidance

(1)
The Secretary of State may issue guidance about the investigation of

offences under section (Controlling or coercive behaviour in an intimate or

family relationship) to whatever persons the Secretary of State considers

appropriate.

(2)
The Secretary of State may revise any guidance issued under this section.

(3)
The Secretary of State must arrange for any guidance issued or revised

under this section to be published.”
After Clause 71
Insert the following new Clause—