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Index of Amendments

          

NOTICES OF AMENDMENTS

given up to and including

Thursday 30th October 2003


New Amendments handed in are marked thus *

CONSIDERATION OF BILL

SEXUAL OFFENCES BILL [LORDS], AS AMENDED

NOTE

The Amendments have been arranged in accordance with the order to be proposed by Mr Secretary Blunkett.


   

Mr Secretary Blunkett
That the amendments to the Sexual Offences Bill [Lords], as amended, be considered in the following order, namely, New Clauses, amendments relating to Clauses 1 to 56, Schedule 1, Clauses 57 to 72, Schedule 2, Clauses 73 to 80, Schedule 3, Clauses 81 to 93, Schedule 4, Clauses 94 to 104, Schedule 5, Clauses 105 to 138, Schedule 6, Clause 139, Schedule 7, Clauses 140 to 142, New Schedules.


NEW CLAUSES

Penalties for keeping a brothel

   

Mr Secretary Blunkett

NC2

To move the following Clause:—

    'In paragraph 33 of Schedule 2 to the Sexual Offences Act 1956 (c.69) (mode of prosecution, punishment etc. for offences under section 33 of that Act)—

      (a) for the entries in the second and third columns substitute—

(i) On indictmentSeven years
(ii) SummarilySix months, or the statutory maximum or both";

      (b) omit the entry in the fourth column.'.


Service courts

   

Mr Secretary Blunkett

NC3

To move the following Clause:—

    '(1)   In this Act—

      (a) a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court,

      (b) a reference to an offence includes a reference to an offence triable by a service court,

      (c) "proceedings" includes proceedings before a service court, and

      (d) a reference to proceedings for an offence under this Act includes a reference to proceedings for the offence under section 70 of the Army Act 1955 (3&4Eliz.2 c.18) or the Air Force Act 1955 (3&4Eliz.2 c.19) or section 42 of the Naval Discipline Act 1957 (c.53) for which the offence under this Act is the corresponding civil offence.

    (2)   In sections 92 and 104(1), "court" includes a service court.

    (3)   Where the court making a sexual offences prevention order is a service court—

      (a) sections 104(1)(a) and (4) to (6), 105, 109, 111 and 112 do not apply,

      (b) in section 108, "the appropriate court" means the Crown Court in England and Wales, and

      (c) in section 110(3)(a), the references to the Crown Court and Court of Appeal are references to the Crown Court and Court of Appeal in England and Wales.

    (4)   In this section "service court" means a court-martial or Standing Civilian Court.'.


Anonymity of suspects and defendants in certain cases (No. 1)

   

Annette Brooke
Sandra Gidley
Mr Mark Oaten
Dr Evan Harris

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 it 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 subsection (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.'.


Anonymity of suspects and defendants in certain cases (No. 2)

   

Mr Dominic Grieve
Mr Humfrey Malins
Mr Oliver Letwin
Mr John Randall

NC4

*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 matters relating to that person shall be included in any broadcast or publication that would result in his identification prior to such person being charged.

    (2)   If any matter is published or broadcast in contravention of subsection (1) the following persons, namely—

      (a) the author or broadcaster, if the publication or broadcast took place with their consent;

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

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

      (d) in the case of matter included in any broadcast, any body corporate which is engaged in providing the service in which the broadcast is involved and any editor or controller of such broadcast

       shall be guilty of the offence.

    (3)   Any offence hereunder shall be punishable

      (a) on summary conviction by—

      (i) a sentence of 6 months imprisonment,

      (ii) a fine of Level 5 on the Standard scale,

      (iii) or both;

      (b) on conviction on indictment by—

      (i) a sentence of 2 years imprisonment,

      (ii) a fine,

      (iii)  or both.'.


Disqualification

   

Sir Paul Beresford
Mr Dominic Grieve
Mr Humfrey Malins

NC5

*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 sections 6 to 17 inclusive 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).'.


Encryption (No. 1)

   

Sir Paul Beresford
Mr Dominic Grieve
Mr Humfrey Malins

NC6

*To move the following Clause:—

    '(4)   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 imaages of children, then—

      (a) 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, and

      (b) the offender found guilty under section 53 in the circumstances set out in subsection (1) above shall be liable—

      (i) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

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

       and not the penalties set out in section 53 of that 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).'.


Encryption (No. 2)

   

Sir Paul Beresford
Mr Dominic Grieve
Mr Humfrey Malins

NC7

*To move the following Clause:—

       'A person convicted of an offence under section 1 of the Child Protection Act 1978 and subsequently convicted of an offence under section 53 of the Regulation of Investigatory Powers Act 2000 is on the second conviction on indictment liable to—

      (a) a term of imprisonment not exceeding seven years, or

      (b) a fine, or

      (c) both.'.


Encryption (No. 3)

   

Sir Paul Beresford

NC8

*To move the following Clause:—

    '1.   After section 53 of the Regulation of Investigatory Powers Act 2000 there shall be inserted—

          "53A   Subsequent failure to comply with a notice where protected data likely to be indecent images

          (1)   Where the first and second conditions below are satisfied, section 53 of this Act shall apply as if the penalties were—

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

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

             and the offence shall be treated as a relevant offence for the purposes of Part II of the Sexual Offences Act 2003.

          (2)   This first condition is—

          (a) a person has been previously convicted of an offence contrary to section 53 of this Act, and

          (b) that person has been previously convicted of an offence contrary to section 1 of the Protection of Children Act 1978 or section 160 of the Criminal Justice Act 1988.

          (2)   The second condition is a further notice has been issued under section 49 of this Act.".'.



 
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Prepared 30 Oct 2003