Vote Bundle Text (900608-02)

Amendments proposed to the Criminal Justice and Court Services Bill, As Amended - continued	House of Commons

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Possession of Indecent Photographs of Children

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff
Sir Paul Beresford

NC4

To move the following Clause:—

'.—For section 160(3) of the Criminal Justice Act 1988 there shall be substituted:

"(3) a person guilty of any offence under this section shall be liable—

(a) on conviction, on indictment, to imprisonment for a term not exceeding 10 years, or a to fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.".'.

Procuration of child under sixteen

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff
Sir Paul Beresford

Ann Clwyd Mr Roger Berry Valerie Davey

Mr Joe Benton

NC5

To move the following Clause:—

'.—For section 23 of the Sexual Offences Act 1956 (Procuration of girl under twenty-one), there shall be substituted—

"Procuration of child under sixteen

It is an offence for a person to—

(a) procure or attempt to procure a child under the age of sixteen for the purposes of sexual activity anywhere in the world with a third person;

(b) incite or attempt to incite another to procure a child under the age of sixteen for the purposes of sexual activity anywhere in the world with any person."

(2) In the second schedule to the Sexual Offences Act 1956, in the column headed "offence", for the term "Procuration of girl under twenty-one (section 23)", there shall be substituted "Procuration of child under sixteen (section 23)"

(3) In the second schedule to the Sexual Offences Act 1956, in the column headed "punishment", for the term "two years" relating to "Procuration of girl under twenty-one (section 23)", and an attempt to commit that offence, there shall be substituted "ten years".'.

Indecency with children

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr PeterLuff
Sir Paul Beresford

NC6

To move the following Clause:—

'.—For section 1 of the Indecency with Children Act 1960 (Indecent conduct towards young child), there shall be substituted—

"—(1) In this section, except where otherwise stated, 'child' means a person under the age of sixteen years.

(2) Any person who—

(a) knowingly commits an act of gross indecency with or towards a child, or who incites a child to commit such an act with that person, or with another, or

(b) travels with the intent of committing any act of gross indecency with or towards a child; or

(c) knowingly employs, uses, persuades, induces, entices or coerces a child to engage in, or to assist any other person to engage in, an act of gross indecency with or towards any child; or

(d) transports a child with the intent that that child engage in an act of gross indecency,

is guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years, or to a fine, or to both.

(3) Any person who—

(a) abducts, detains or otherwise restricts the liberty of a child for the purpose of sexually exploiting that child; or

(b) organises or knowingly facilitates such abduction, detention or restriction.

is guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years, or to a fine, or to both.

(4) Any parent, guardian or other person having for the time being custody or control of a child who knowingly permits that child to engage in, or to assist any other person to engage in, sexual activity, or who knowingly permits the sexual exploitation of that child, shal be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years, or to a fine or to both.

(5) References in the Children and Young Persons Act 1933 to the offences mentioned in the first Schedule to that Act shall include offences under this section.

(6) Offences under this section shall be deemed to be offences against the person for the purpose of section 3 of the Visiting Forces Act 1952 (which restricts the trial by the United Kingdom courts of offenders connected with visiting forces).".'.

Use of computers to commit act of gross indecency with a child

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff
Sir Paul Beresford

NC7

To move the following Clause:—

'After section 1 of the Indecency with Children Act 1960 (Indecent conduct towards young child), there shall be inserted—

"Use of computers to commit act of gross indecency with a child

1A.—(1) In this section, except where otherwise stated, 'child' means a person under the age of sixteen years.

(2) Any person who uses an electronic communications system, including (but not limited to) computers, computer networks, computer bulletin boards and newsgroups, computer chatrooms, the internet, and other analogous electronic means, for the purposes of

(a) engaging in an act of gross indecency with a person he knows or has reason to believe is a child; or

(b) engaging in a sexually explicit discussion with a person he knows or has reason to believe is a child; or

(c) soliciting a person he knows or has reason to believe is a child to engage in any that would constitute an offence under section 1 above or under subsections (2)(a) or (2)(b) of this section is guilty of an offence and shall be liable

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

(e) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

(3) References in the Children and Young Persons Act 1933 to the offences mentioned in the first Schedule to that Act shall include offences under this section.

(4) Offences under this section shall be deemed to be offences against the person for the purpose of section 3 of the Visiting Forces Act 1952 (which restricts the trial by the United Kingdom courts of offenders connected with visiting forces).".'.

Sex Offenders Act 1997: Notification Period

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff
Sir Paul Beresford

NC8

To move the following Clause:—

'(1) In section 2(1), section 2(2) and section 2(7) of the Sex Offenders Act 1997, for the words '14 days' there shall be substituted the words '48 hours'.'

Exclusion of assault on police from power to release short-term prisoners on licence

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff

NC12

*To move the following Clause:—

'In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(b) there is inserted—

"(bb) the sentence is for any of the following offences—

(i) an offence under section 89 of the Police Act 1996 (assaulting, obstructing or resisting a constable);

(ii) an offence under section 38 of the Offences Against the Person Act 1861 (assault with intent to resist arrest);

(iii) an offence under section 18, section 20, or section 47 of the Offences Against the Person Act 1861 (wounding, causing grievous bodily harm and causing actual bodily harm) committed against a constable in the execution of his duty.".'.

Court to have power to direct that power to release short-term prisoner on licence shall not apply

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff

NC13

*To move the following Clause:—

'In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted—

"(ad) the court, when pasing sentence, has directed that subsection (3) shall not apply in the interests of justice, or because of the serious nature of the offence, or because the offender is a persistent offender;".'.

Exclusion of offenders convicted of offences punishable by maximum term of ten years or more from power to release short-term prisoners on licence

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff

NC14

*To move the following Clause:—

'In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted—

"(ac) the sentence is for an offence for which the maximum term of imprisonment is ten years or more;".'.

Exclusion of offenders subject to minimum sentence for burglary from power to release short-term prisoners on licence

Miss Ann Widdecombe

Mr David Lidington

Mr Oliver Heald

Mr Nick Hawkins

Mr Peter Luff

NC15

*To move the following Clause:—

'In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted—

"(ab) the sentence was imposed under section 111 of the Powers of Criminal Courts (Sentencing) Act 2000 (minimum of three years for third domestic burglary);".'.

Exclusion of sex offenders from power to release short-term prisoners on licence

Miss Ann Widdecombe

Mr David Lidington

Mr Oliver Heald

Mr Nick Hawkins

Mr Peter Luff

NC16

*To move the following Clause:—

'In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted—

"(aa) the prisoner is subject to the notification requirements of Part I of the Sex Offenders Act 1997;".'.