Amendments proposed to the Sexual Offences Bill [܃f4lords] - continued House of Commons

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Anonymity of suspects and defendants in certain cases

   

Annette Brooke
Sandra Gidley
Simon Hughes

NC1

To move the following Clause:—

    '(1)   Where an allegation has been made that a person has committed an offence listed in Schedule 3 to the Sex Offenders Act 1997, no matter relating to that person shall be included in any publication if it is likely to lead members of the public to identify that person as the person who is alleged to have committed the offence, until and if that person is charged.

    (2)   If any matter is published or included in a relevant programme in contravention of sub-section (1), the following persons, namely—

      (a) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

      (b) in the case of any other publication, the person who publishes it; and

      (c) in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

       shall be guilty of an offence.'.


Prostitution by children and young persons

   

Mr Hilton Dawson

NC3

To move the following Clause:—

       'In section 1(1) of the Street Offences Act 1959 (c. 57) (which makes it an offence for a common prostitute to loiter or solicit for the purpose of prostitution) before "to loiter" insert "aged 18 or over".'.


Definition of between 13 and 16

   

Annette Brooke
Sandra Gidley

NC4

To move the following Clause:—

       'For the purposes of this Act "aged between 13 and 16" refers to persons aged 13, 14 or 15.'.


Penetration involving adult and child

   

Annette Brooke
Sandra Gidley

NC5

To move the following Clause:—

    '(1)   A person (A), aged 18 years or over, commits an offence if—

      (a) he intentionally penetrates the vagina or anus or mouth of another person (B) with his penis, or

      (b) the activity involves penetration of A's vagina or anus or mouth with B's penis,

      (c) and the other person (B) is aged between 13 and 16 and A does not reasonably believe that B is 16 or over.

    (2)   A person guilty of an offence under this section is liable on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.


Penetration involving a child and a child or a young person

   

Annette Brooke
Sandra Gidley

NC6

To move the following Clause:—

    '(1)   A person (A), aged below 18 years, commits an offence if—

      (a) he intentionally penetrates the vagina or anus or mouth of another person (B) with his penis, or

      (b) the activity involves penetration of A's vagina or anus or mouth with B's penis,

      (c) and the other person (B) is aged below the age of 16 years and A does not reasonably believe that B is 16 or over.

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

      (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

      (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years,

      (c) in determination of the sentence, consideration shall be given to the age differential between A and B.

    (3)   Prior to sentencing, there shall be a comprehensive assessment by a multi-disciplinary agency or Youth Offending Team.

    (4)   Under this section, a person shall only be subject to notification requirements under Part 2 of this Act following an assessment of the risk that he poses to the public.'.


Pre-existing sexual relationship

   

Annette Brooke
Sandra Gidley

NC7

To move the following Clause:—

    '(1)   Conduct by a person (A) which would otherwise be an offence under section 10 against another person (B) is not an offence under that section if, immediately before A turned 18 years, a consensual sexual relationship existed between A and B.

    (2)   Subsection (1) does not apply if at that time sexual activity between A and B would have been unlawful.

    (3)   In proceedings for an offence under any of section 10 it is for the defendant to prove that such a relationship existed at that time.'.


Encrypted data and indecent images of children

   

Sir Paul Beresford

NC8

To move the following Clause:—

    '(1)   This section applies to anyone who has been convicted of an offence to which Schedule 3 of this Act applies.

    (2)   Where a police officer, in pursuance of a warrant granted under section 4 of the Protection of Children Act 1978 (c.37), discovers protected information, he shall be entitled to apply to a senior officer of the police for a disclosure notice.

    (3)   Where a disclosure notice has been made, the effect of that notice shall be to require an offender to make disclosure of the information in an intelligible form.

    (4)   A person subject to a disclosure notice under subsection (3) above shall be taken to have complied with that notice if he makes, instead, a disclosure of any key to the protected information that is in his possession.

    (5)   Where a person is subject to a disclosure notice under subsection (3) above and—

      (a) that person is not in possession of the information,

      (b) that person is incapable, without the use of a key that is not in his possession, of obtaining access to the information and of disclosing it in an intelligible form, or

      (c) the disclosure notice can be complied with only by the disclosure of a key to the information.

       the effect of the disclosure notice is that he shall be required to make a disclosure of the key to the protected information in his possession.

    (6)   Where a senior police officer is asked to make a disclosure notice under subsection (2) above he shall consider whether the protected information is likely to include indecent images of children, and shall only make a notice where he is satisfied that it is necessary to do so.

    (7)   Where an offender, subject to a disclosure notice, fails to meet the duty placed upon him in subsections (3) to (5) above, he is liable—

      (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

      (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.

    (8)   In this section—

       "a senior police officer" shall mean an officer of at least the rank of superintendent.

       "protected information" has the same meaning as in section 56(1) of the Regulation of Investigatory Powers Act 2000 (c.23).

       "key" has the same meaning as in section 56(1) of the Regulation of Investigatory Powers Act 2000 (c.23).'.


Notification of requirements for relevant offenders convicted under Regulation of Investigatory Powers Act 2000

   

Sir Paul Beresford

NC9

To move the following Clause:—

    '(1)   Where an offender commits an offence under section 53 of the Regulation of Investigatory Powers Act 2000 (c.23) and the court is satisfied that the protected information is likely to contain indecent images of children, then the offender shall be subject to the notification requirements under Part 2 of this Act as though he were convicted of an offence within the meaning of section 81 of this Act.

    (2)   In this section "indecent images of children" shall have the same definition as in section 7 of the Protection of Children Act 1978 (c.37).'.


Disqualification from working with children

   

Sir Paul Beresford

NC10

To move the following Clause:—

    '(1)   Notwithstanding the provisions of section 28 of the Criminal Justice and Court Services Act 2000 (c.43) an individual—

      (a) who is convicted of any offence under Part 1 of this Act, and

      (b) who receives a qualifying sentence

       is, subject to subsections (2) to (4) below, disqualified from working with children.

    (2)   Where an individual believes that he should not be disqualified from working with children then he shall, at the time of advancing a plea of mitigation, apply to the court for a declaration that he is not disqualified.

    (3)   Where a court hears an application from an individual under subsection (2) above—

      (a) it shall hear representation from both the individual and the prosecution, and

      (b) it shall only declare a person is not disqualified to work with children if, having regard to all the circumstances, he is satisfied that the individual is unlikely to commit any further offence against a child.

    (4)   Where a court does declare that a person is not disqualified from working with children—

      (a) it shall say in open court the reasons for making this declaration; and

      (b) the provisions of subsection (1) will not apply to the individual named in the declaration.

    (5)   For the purposes of this section "a qualifying sentence" shall mean—

      (a) a term of imprisonment of at least twelve months;

      (b) a community rehabilitation order of twenty-four or more months duration;

      (c) a community punishment order of one hundred and twenty or more hours duration;

      (d) a community rehabilitation and punishment order, where the rehabilitation order component is of at least eighteen months' duration, and the punishment order component is of at least sixty hours duration.

    (6)   A person who is disqualified from working with children under this Act shall be disqualified from working with children for the purposes of section 28 of the Criminal Justice and Court Services Act 2000 (c.43).'.


Information for research

   

Annette Brooke
Sandra Gidley

NC11

To move the following Clause:—

    (1)   A person having functions by virtue of this Act shall, on being required to do so by the ministers of the Home Office—

      (a) provide them or any other person specified in the requirement with such relevant information as is so specified; and

      (b) do so in any such form as may be specified.

    (2)   The Home Office may, under subsection (1) above, require the provision of relevant information only if, in their opinion, it is needed by them (or, as the case may be, the other person specified in the requirement) for research purposes.

    (3)   Information need not be provided under this section if, were it evidence which might be given in proceedings in any court in England, Wales, Northern Ireland or Scotland, the person having that evidence could not be compelled to give it in such proceedings.

    (4)   Where information required under subsection (1) above—

      (a) is, or refers to, information about a natural person and would identify or enable the identification of the person; and

      (b) can reasonably be provided under subsection (1) above so as not to identify or enable the identification of the person,

       it shall be so provided.

    (5)   Where—

      (a) the person required under subsection (1) to provide the information is under a duty of confidentiality in respect of that information; and

      (b) the person cannot provide the information without breaching the duty,

       the information shall not be provided unless the person to whom the duty was owed has consented to its provision.

    (6)   On receipt of information provided under this section, the Home Office (or any other person provided under this section with the information) may, for the purposes referred to in subsection (2) above, do any, or all of the following—

      (a) process the information;

      (b) collate it;

      (c) publish it or reports based on it.

    (7)   Regulations may provide as to the procedure to be followed in making requirements under this section for information and in providing it.

    (8)   Where information recorded otherwise than in legible form is required to be provided under this section, it shall be provided in legible form.

    (9)   For the purposes of this section—

      (a) information is "relevant" if it is information as to the operation, use and consequences of this Act;

      (b) a person is under a duty of confidentiality in respect of information although the person could notwithstanding that duty be compelled to give evidence as to that information in proceedings in a court in England, Wales, Northern Ireland or Scotland.

    (10)   For the purposes of this section, any reference to Northern Ireland is applicable only in those circumstances where the provision as set out in Part 3, clause 139, section (2) of this Act apply.

    (11)   For the purposes of this section, any reference to Scotland is applicable only in those circumstances where the provisions as set out in Part 3, clause 139, section (3) of this Act apply.'.


 
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