15096.8-14

House of Lords

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Serious Crime Bill [HL]

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“Throwing articles into prisons

After section 40CA of the Prison Act 1952 (inserted by section 71 above)

insert—

“40CB
Throwing articles into prison

(1)
A person who, without authorisation, throws any article or

substance into a prison is guilty of an offence.

(2)
For the purposes of subsection (1)—

(a)
the reference to an article or substance does not include a

reference to a List A article, a List B article or a List C article

(as defined by section 40A);

(b)
the reference to “throwing” an article or substance into a

prison includes a reference to doing anything from outside

the prison that results in the article or substance being

projected or conveyed over or through a boundary of the

prison so as to land inside the prison.

(3)
In proceedings for an offence under this section it is a defence for

the accused to show that—

(a)
he reasonably believed that he had authorisation to do the

act in respect of which the proceedings are brought, or

(b)
in all the circumstances there was an overriding public

interest which justified the doing of that act.

(4)
A person guilty of an offence under subsection (1) is liable—

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

exceeding two years or to a fine (or both);

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

exceeding 12 months or to a fine (or both).

(5)
In this section “authorisation” means authorisation given for the

purposes of this section; and subsections (1) to (3) of section 40E

apply in relation to authorisations so given as they apply to

authorisations given for the purposes of section 40D.””

Insert the following new Clause—

“Prevention or restriction of use of communication devices by prisoners etc

(1)
Regulations may make provision conferring power on a court to make a

telecommunications restriction order.

(2)
“Telecommunications restriction order” means an order requiring a

communications provider to take whatever action the order specifies for

the purpose of preventing or restricting the use of communication devices

by persons detained in custodial institutions.

(3)
Regulations under this section must—

(a)
specify who may apply for telecommunications restriction orders;

(b)
make provision about giving notice of applications;

(c)
make provision conferring rights on persons to make

representations;

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(d)
specify the matters about which the court must be satisfied if it is to

make an order;

(e)
make provision about the duration of orders (which may include

provision for orders of indefinite duration);

(f)
make provision about variation (including extension) and

discharge of orders;

(g)
make provision about appeals.

(4)
Regulations under this section may—

(a)
make provision for a telecommunications restriction order to

specify that a requirement of the order is not to apply in particular

circumstances;

(b)
make provision authorising a court to include in an order a

requirement for the person applying for the order to pay any or all

of the costs of complying with it;

(c)
make provision about time limits for complying with orders;

(d)
make provision about enforcement of orders (which may include

provision creating offences);

(e)
make provision about costs (or, in Scotland, expenses) in respect of

legal proceedings;

(f)
make different provision for different purposes;

(g)
make incidental, consequential, supplementary or transitional

provision, including provision applying any enactment (with or

without modifications).

(5)
The power to make regulations under this section is exercisable—

(a)
in relation to England and Wales, by statutory instrument made by

the Secretary of State;

(b)
in relation to Scotland, by the Scottish Ministers.

(6)
A statutory instrument (other than a Scottish 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.

(7)
Regulations made by the Scottish Ministers under this section are subject to

the affirmative procedure.

(8)
In this section—

“communication device” means an item specified in section 1(3) of the

Prisons (Interference with Wireless Telegraphy) Act 2012 (mobile

telephones etc);

“communications provider” means a person providing a service that

consists in the provision of access to, and of facilities for making use

of, any telecommunication system (whether or not one provided by

that person);

“court” means—

(a)
in relation to England and Wales, the county court;

(b)
in relation to Scotland, the sheriff;

“custodial institution” means—

(a)
in relation to England and Wales, a prison, young offender

institution, secure training centre or secure college;

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(b)
in relation to Scotland, a prison or young offenders

institution;

“enactment” includes—

(a)
an enactment contained in subordinate legislation within

the meaning of the Interpretation Act 1978;

(b)
an enactment contained in, or in an instrument made under,

an Act of the Scottish Parliament;

“telecommunication system” means any system (including the

apparatus comprised in it) that exists (whether wholly or partly in

the United Kingdom or elsewhere) for the purpose of facilitating

the transmission of communications by any means involving the

use of electrical or electro-magnetic energy.”
After Clause 73
Insert the following new Clause—
“Codes of practice about investigatory powers: journalistic sources
In section 71 of the Regulation of Investigatory Powers Act 2000 (issue and
revision of codes of practice), after subsection (2) insert—
“(2A)
A code of practice under subsection (1) that relates (expressly or
otherwise) to the exercise and performance, in connection with the
prevention or detection of serious crime, of powers and duties
conferred or imposed by or under Part 1 of this Act—
(a)
shall include provision designed to protect the public
interest in the confidentiality of journalistic sources;
(b)
shall not be issued unless the Secretary of State has first
consulted the Interception of Communications
Commissioner and considered any relevant report made to
the Prime Minister under section 58.””
Insert the following new Clause—
“Termination of pregnancy on grounds of sex of foetus
(1)
The Secretary of State shall arrange for an assessment to be made of the
evidence of termination of pregnancy on the grounds of the sex of the
foetus in England, Wales and Scotland.
(2)
The arrangements made under subsection (1) shall be such as to enable
publication of the assessment by the Secretary of State within 6 months of
the date of Royal Assent to this Act.
(3)
The Secretary of State shall consider the assessment made under subsection
(1) and—
(a)
determine and publish a strategic plan to tackle substantiated
concerns identified in the assessment made under subsection (1); or
(b)
publish a statement and explanation in relation to why a plan under
subsection (3)(a) is not required.

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(4)
Any strategic plan under subsection (3)(a) must include, but need not be

limited to, steps—

(a)
to promote change in the social and cultural patterns of behaviour

with a view to eradicating prejudices, customs, traditions and all

other practices which are based on the idea of the inferiority of

women and which may amount to pressure to seek a termination

on the grounds of the sex of the foetus;

(b)
to ensure best practice exists in identifying women being coerced or

pressured into seeking a termination on the grounds of the sex of

the foetus, or at risk of being so, and in the provision of protection

and support to potential victims; and

(c)
to promote guidance to service providers, health professionals and

other stakeholders.

(5)
The Secretary of State must lay a copy of the plan, determined under

subsection (3)(a), before each House of Parliament within 6 months of the

publication date of the assessment under subsection (2).”
Clause 75
Page 79, line 16, at end insert—
“( )
Subsection (7) of section (Child sexual exploitation) and paragraph 1A of
Schedule 4 do not apply in the case of an offence proceedings for which are
started before the commencement of that subsection.”
Page 79, line 16, at end insert—
“( )
The amendment made by section (Codes of practice about investigatory
powers: journalistic sources) applies only to a code of practice that is issued
or revised on or after the day on which this Act is passed.”
Page 79, line 26, at end insert—
“( )
in the Sexual Offences Act 2003, subsection (3)(a) of the section 15A
inserted by section (Sexual communication with a child) above;”
Page 79, line 28, at end insert—
“( )
in that Act, subsection (4)(b) of the section 40CB inserted by section
(Throwing articles into prisons) above.”
Page 79, line 32, at end insert—
“( )
section (Controlling or coercive behaviour in an intimate or family
relationship)(11)(b).”
Page 79, line 32, at end insert—
“( )
In relation to an offence committed before section 85(1) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force—
(a)
a reference to a fine in the following provisions is to be read as a
reference to a fine not exceeding the statutory maximum—
(i)
section 60(3)(a);
(ii)
in the Sexual Offences Act 2003, subsection (3)(a) of the
section 15A inserted by section (Sexual communication with a
child) above;

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(iii)
in the Female Genital Mutilation Act 2003, paragraph (b) of

the subsection (2) inserted in section 5 by section 69(4)(b)

above;

(iv)
paragraph 4(5)(b) of the Schedule inserted in that Act by

section 70(2) above;

(v)
section (Controlling or coercive behaviour in an intimate or

family relationship)(11)(b) above;

(vi)
in the Prison Act 1952, subsection (4)(b) of the section 40CA

inserted by section 71 above;

(vii)
in that Act, subsection (4)(b) of the section 40CB inserted by

section (Throwing articles into prisons) above.”

(b)
the reference to a fine in paragraph 2(2)(a) of the Schedule to the

Female Genital Mutilation Act 2003, inserted in that Act by section

68(2) above, is to be read as a reference to a fine not exceeding level

5 on the standard scale.”
Clause 76
Page 79, line 45, leave out paragraph (d) and insert—
“( )
sections 65 to (Child sexual exploitation);”
Page 79, line 45, at end insert—
“( )
sections (Duty to notify police of female genital mutilation) and
(Guidance about female genital mutilation);”.
Page 79, line 45, at end insert—
“( )
sections (Controlling or coercive behaviour in an intimate or family
relationship) and (Guidance);”
Page 79, line 46, leave out “section 71” and insert “sections 71 and (Throwing articles
into prisons)”
Page 80, line 1, at beginning insert—
“( )
Section (Prevention or restriction of use of communication devices by prisoners
etc) extends to England and Wales and Scotland (but not Northern
Ireland).”
Clause 77
Page 80, line 26, leave out “32” and insert “31A”
Page 80, line 32, leave out “42” and insert “41A”
Page 80, line 34, leave out “The following provisions” and insert “Sections 67 to 69”
Page 80, line 36, leave out paragraphs (a) and (b)
Page 80, line 40, at end insert—
“( )
section (Prevention or restriction of use of communication devices by
prisoners etc);”
Page 80, line 40, at end insert—
“( )
section 72 and paragraph 60 of Schedule 4 (and section 74(1) so far
as relating to that paragraph);”

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Page 80, line 40, at end insert—

“( )
section (Codes of practice about investigatory powers: journalistic

sources);”

Page 81, line 17, at end insert—

“( )
Consultation for the purposes of subsection (2), (3), (6) or (7) may be, or

include, consultation before the day on which this Act is passed.”
Clause 78
Page 81, line 26, leave out subsection (2)
Schedule 4
Page 103, line 38, at end insert—
“Street Offences Act 1959 (c. 57)
1A  (1)
The Schedule to the Street Offences Act 1959 (orders under section 1(2A):
breach, amendment etc) is amended as follows.
      (2)
In paragraphs 2(3), 3(3) and 5(4), for paragraphs (a) and (b) substitute “a
magistrates’ court acting in the relevant local justice area”.
      (3)
In paragraph 9(2), for paragraphs (a) and (b) substitute “any magistrates’
court”.
      (4)
Omit paragraph 9(4).
      (5)
In paragraph 10(4), for paragraphs (a) and (b) substitute “to a prison”.
      (6)
Omit paragraph 10(5).
      (7)
In paragraph 11(1) omit “youth court or other”.”
Page 105, line 32, at end insert—
“Regulation of Investigatory Powers Act 2000 (c. 23)

In section 71 of the Regulation of Investigatory Powers Act 2000 (issue
and revision of codes of practice), in subsection (8), for “(3)” substitute
“(2A)”.”
Page 105, line 33, at end insert—
“16A
In section 6 of the Proceeds of Crime Act 2002 (making of order) at the
end of subsection (5) insert—

“Paragraph (b) applies only if, or to the extent that, it would not be
disproportionate to require the defendant to pay the recoverable
amount.””
Page 108, line 3, at end insert—
“31A
In section 92 of that Act (making of order), at the end of subsection (6)
insert—

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“Paragraph (b) applies only if, or to the extent that, it would not be

disproportionate to require the accused to pay the recoverable

amount.””

Page 110, line 21, at end insert—

“41A
In section 156 of that Act (making of order), at the end of subsection (5)

insert—


“Paragraph (b) applies only if, or to the extent that, it would not be

disproportionate to require the defendant to pay the recoverable

amount.””

Page 111, line 35, at end insert—

    “( )
In Schedule 2 to that Act (lifestyle offences: England and Wales), in

paragraph 8 (prostitution and child sex), sub-paragraph (2) is amended

as follows.

      ( )
In paragraph (b), for “child prostitution or pornography” substitute

“sexual exploitation of a child”.

      ( )
In paragraph (c), for “prostitute or a child involved in pornography”

substitute “in relation to sexual exploitation”.

      ( )
In paragraph (d), for “child prostitution or pornography” substitute

“sexual exploitation of a child”.”

Page 111, line 38, at end insert—

“Female Genital Mutilation Act 2003 (c.31)


In section 8 of the Female Genital Mutilation Act 2003 (extent etc), in

subsection (4) after “Scotland” insert “and sections 5B and 5C do not

extend to Northern Ireland”.

Page 112, line 1, at end insert—

“
In section 54 of the Sexual Offences Act 2003 (sections 51A to 53A:

interpretation), for subsections (2) and (3) substitute—

“(2)
In sections 51A, 52, 53 and 53A “prostitute” means a person (A)

who, on at least one occasion and whether or not compelled to do

so, offers or provides sexual services to another person in return

for payment or a promise of payment to A or a third person; and

“prostitution” is to be interpreted accordingly.

(3)
In subsection (2) and section 53A, “payment” means any financial

advantage, including the discharge of an obligation to pay or the

provision of goods or services (including sexual services)

gratuitously or at a discount.””

Page 112, line 1, at end insert—

“
In section 78 of the Sexual Offences Act 2003 (meaning of “sexual”), for

“except section 71” substitute “except sections 15A and 71”.”

Page 112, line 1, at end insert—