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New Clause 3
Sex offender orders made in England, Wales or Northern Ireland
'After section 21 of the Crime and Disorder Act 1998 (c.37) there shall be inserted—
"21A Sex offender orders made in England, Wales or Northern Ireland
(1) If without reasonable excuse a person does anything in Scotland which he is prohibited from doing there by—
(a) an order under section 2(3) or 2A above; or
(b) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),
he is guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) above 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." '.—[Mr. Denham.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 4
Sex offender orders: Northern Ireland
'(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."'.—[Mr. Denham.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 5
Interim orders for sex offenders: Northern Ireland
'(1) After Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) there shall be inserted—
"6A Interim 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)".'.—[Mr. Denham.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 6
Sex offender orders made in England and Wales or Scotland
'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—
"6B Sex offender orders made in England and Wales or Scotland
(1) If without reasonable excuse a person does anything in Northern Ireland which he is prohibited from doing there by an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) he is guilty of an offence.
(2) A person who is guilty of an offence under paragraph (1) 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.
(3) Where a person is convicted of an offence under paragraph (1), 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."'.—[Mr. Denham.]
Brought up, read the First and Second time, and added to the Bill.
Mr. Denham: I beg to move amendment No. 39, in page 55, line 6, after "patient" insert—
'no specimen of blood shall be taken from him under section 7A of this Act and'.
Mr. Deputy Speaker: With this it will be convenient to discuss Government amendments Nos. 40 to 46.
Mr. Denham: The amendments seek to protect a person unconscious after an accident by providing that a constable cannot ask for a blood specimen to be taken if the medical practitioner with clinical care of the person objects. The amendments meet an undertaking that I gave in Committee to consider an amendment covering the same ground moved by the hon. Member for South–East Cambridgeshire (Mr. Paice).
The amendments to the Road Traffic Act 1988 introduced by clause 50(1) make it lawful, but not compulsory, for a medical practitioner to take a specimen when requested, if he thinks fit. The Bill already prevents the request being made to the practitioner with clinical care of the person concerned. Clearly, it would not be fitting if the practitioner with clinical care objected or if it were against his own medical judgment.
The Road Traffic Act already protects hospital patients by providing that a patient cannot be required to give a specimen if the clinician objects. Clause 50(2) further amends the Act to provide additional protection in that,
when he recovers capacity, the person from whom the specimen was taken cannot be required to consent to its analysis if the clinician objects.It has never been our intention to allow a specimen to be taken without consent where the clinician objects. However, we need to ensure as far as possible the equality of treatment between conscious and unconscious patients, at whom the measures in the Bill are aimed.
At present, a clinician can object to, and so prevent, a conscious patient from being required to provide a specimen. Under the Bill as it stands, the clinician can object to, and so prevent, an unconscious patient being required to consent to analysis of a specimen, but he cannot object to, and so prevent, the specimen from being taken in the first place. In practice, that is highly unlikely to happen: a medical practitioner would not take a specimen if the clinician objected, for reasons of medical ethics and professional etiquette. It remains, however, a theoretical possibility. The amendments would remove that possibility. Parallel amendments are made to the Transport and Works Act 1992.
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