Amendment Paper as at
Tuesday 9th July 2002
CONSIDERATION OF BILL
New Amendments handed in are marked thus *
POLICE REFORM BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Programme Motion to be proposed by Mr Robin Cook.
Mr Secretary Blunkett
20
Page 35, line 45 [Clause 33], at end insert 'a notice in writing'.
Mr Secretary Blunkett
21
Page 35, line 46 [Clause 33], leave out 'a notice' and insert 'informing him'.
Mr Secretary Blunkett
22
Page 36, line 1 [Clause 33], leave out 'an explanation in writing of' and insert 'explaining'.
Mr Secretary Blunkett
23
Page 36, line 5 [Clause 33], leave out 'of his intention to require the exercise of any power'.
NEW CLAUSES RELATING TO CHAPTER 2, PART 4
Scottish sex offender orders
Mr Secretary Blunkett
NC2
To move the following Clause:—
'(1) The Crime and Disorder Act 1998 (c.37) shall be amended as follows.
(2) In section 20(1) (application for a sex offender order in Scotland) for "in the area of his police force" there shall be substituted "who he believes is in, or is intending to come to, the area of his police force".
(3) In section 20(2) (conditions to be fulfilled), for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public".
(4) In section 20(3) (court to which application must be made)—
| (a) | after "application to" there shall be inserted "— |
| (b) | at the end there shall be inserted "; or |
| (b) | the sheriff whose sheriffdom includes any part of the area of the applicant's police force.". |
(5) In section 20(5) (prohibitions which may be imposed), for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,".
(6) In section 21(7) (time limit, variation and revocation of order)—
| (a) | in paragraph (b), after "revoked" there shall be inserted "(in the case of a sex offender order, by the appropriate court for that order)"; |
| (b) | in paragraph (b)(i), after "the order" there shall be inserted " or, in the case of a sex offender order, any other relevant chief constable". |
(7) After that subsection there shall be inserted—
"(7A) In subsection (7) above—
'the appropriate court' means— (a) the sheriff who made the sex offender order; or (b) the sheriff whose sheriffdom includes any part of the area of the applicant's police force or of the police force of any other relevant chief constable;'relevant chief constable' means a chief constable who believes that the accused is in, or is intending to come to, the area of his police force."
(8) After subsection (7A) (inserted by subsection (7)) there shall be inserted—
"(7B) Where a sheriff makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one."
(9) Subsections (5) to (7) apply in relation to applications and orders under section 20 of the Crime and Disorder Act 1998 (c.37), whether made before or after the coming into force of this section.'.
Sex offender orders made in England, Wales or Northern Ireland
Mr Secretary Blunkett
NC3
To move the following Clause:—
'After section 21 of the Crime and Disorder Act 1998 (c.37) there shall be inserted—
Sex offender orders: Northern Ireland
Mr Secretary Blunkett
NC4
To move the following Clause:—
'(1) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) (sex offender orders) shall be amended as follows.
(2) In paragraph (1) (application for a sex offender order)—
| (a) | for "in Northern Ireland" there shall be substituted "who he believes is in, or is intending to come to, Northern Ireland"; |
| (b) | for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,". |
(3) In paragraph (2) (which identifies the court to which an application must be made), for the words following "1981 to" there shall be substituted "any court of summary jurisdiction".
(4) In paragraph (4) (the prohibitions which may be imposed), for "the public" there shall be substituted "the public in the United Kingdom, or any particular members of that public,".
(5) In paragraph (7) (discharge of orders), after "parties" there shall be inserted "and subject to paragraph (7A)".
(6) After that paragraph there shall be inserted—
"(7A) Where a court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one."
(7) Subsection (4) applies in relation to applications and orders under Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)), whether made before or after the coming into force of this section."'.
Interim orders for sex offenders: Northern Ireland
Mr Secretary Blunkett
NC5
To move the following Clause:—
'(1) After Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) there shall be inserted—
"6AInterim orders: sex offenders (1) This Article applies where an application for a sex offender order ("the main application") to a court of summary jurisdiction has not been determined.
(2) The applicant may apply by way of complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26)) to the court for an interim order, pending the determination of the main application.
(3) The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.
(4) An interim order—
| (a) | shall have effect for the period specified in the order; |
| (b) | shall (if still in force) cease to have effect on the determination of the main application. |
(5) While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c.51) shall have effect as if—
| (a) | the defendant were subject to the notification requirements of that Part; and |
| (b) | in relation to him, the relevant date (within the meaning of that Part) were the date of service of the order. |
(6) The applicant or the defendant may apply for the variation or discharge of the interim order by a further order.
(7) If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.
(8) A person guilty of an offence under paragraph (7) shall be liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both. |
(9) Where a person is convicted of an offence under paragraph (7), it shall not be open to the court by or before which he is convicted to make an order under paragraph (1)(b) (conditional discharge) of Article 4 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/ 3160 (N.I. 24)) in respect of the offence."
(2) In Article 7(7) of that Order (sex offender orders: supplemental)—
| (a) | after "a sex offender order" there shall be inserted "or an interim order under Article 6A"; |
| (b) | after "Article 6(6)" there shall be inserted "or 6A(6)".'. |
Sex offender orders made in England and Wales or Scotland
Mr Secretary Blunkett
NC6
To move the following Clause:—
'After Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) (which is inserted by section (Interim orders for sex offenders: Northern Ireland) above) there shall be inserted—
