|Amendments proposed to the Violent Crime Reduction Bill - continued||House of Commons|
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Mr Humfrey Malins
58Clause 35, page 37, line 17, leave out from 'includes' to end of line 17 and insert 'all clothing save underwear and shoes'.
103Clause 36, page 37, line 33, leave out paragraph (d).
104Clause 36, page 37, line 34, at end insert
'( ) Sections 28 and 29 bind persons in the service of Her Majesty; and for the purposes of
a person is in the service of Her Majesty if he is deemed to be in such service (or to be in the naval, military or air service of Her Majesty) for the purposes of and under section 54 of the 1968 Act (Crown application).'.
107Schedule 1, page 42, line 25, leave out sub-paragraph (a) and insert
'(a) for subsection (1) substitute
"(1) An application for a banning order in respect of any person may be made by
if it appears to him that the condition in subsection (2) is met."'.
108Schedule 1, page 44, line 8, at end insert
'New relevant offence
109Schedule 1, page 45, line 14, at end insert
160Clause 42, page 39, line 16, leave out from '"(c)' to end of line 17.
105Clause 45, page 39, line 31, after 'section;', insert
106Clause 45, page 40, line 8, after '39', insert 'and the repeal by Schedule 3 of section 141(3) of the Criminal Justice Act 1988'.
NEW CLAUSESPower to search persons in attendance centres for weapons
NC7To move the following Clause:
'(1) A member of staff of an attendance centre who has reasonable grounds for believing that a relevant person may have with him or in his possessions
may search the relevant person or his possessions for such articles and weapons.
(2) A search under this section may be carried out only where the member of staff and the relevant person are on the premises of the attendance centre.
(3) A person may carry out a search under this section only if
(4) A person who carries out a search of a relevant person under this section
(5) A relevant person's possessions may not be searched under this section except in his presence and in the presence of a person (in addition to the person carrying out the search) who is aged 18 or over.
(6) If a person who, in the course of a search under this section, finds
he may seize and retain it.
(7) A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
(8) A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.
(9) The Police (Property) Act 1897 (c.30) (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(10) An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
(11) In this section
'attendance centre' has the same meaning as in Part 12 of the Criminal Justice Act 2003 (c.44) (see section 221 of that Act);
'officer in charge', in relation to an attendance centre, means the member of staff for the time being in charge of that centre;
'outer clothing' includes an outer coat, a jacket, gloves and a hat;
'possessions', in relation to a person, includes any goods over which he has or appears to have control;
'relevant person', in relation to an attendance centre, means a person who is required to attend at that centre by virtue of
(12) The powers conferred by this section are in addition to any powers exercisable by the member of staff of an attendance centre in question apart from this section and are not to be construed as restricting such powers.'.
Cross-border provisions relating to sexual offences
NC8To move the following Clause:
'(1) The following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) extend to England and Wales and to Northern Ireland, as well as to Scotland
(2) In section 128 of the Sexual Offences Act 2003 (c.42) (offence of contravening a risk of sexual harm order or an interim order), after subsection (1) insert
"(1A) In subsection (1) and, accordingly, in section 129(5) the references to a risk of sexual harm order and to an interim risk of sexual harm order include references, respectively
and, for the purposes of this section, prohibitions imposed by an order made in one part of the United Kingdom apply (unless expressly confined to particular localities) throughout that and every other part of the United Kingdom."
(3) In section 129 of that Act, in subsection (1)(a) (effect of conviction under section 128), for "under section 128" substitute "mentioned in subsection (1A)"; and after subsection (1) insert
"(1A) Those offences are
(4) Subsection (3) of section 282 of the Criminal Justice Act 2003 (c.44) (increase of maximum sentence on summary conviction of an either way offence), so far as it applies to offences under the Sexual Offences Act 2003, applies to them as amended, extended or applied by virtue of this section.'.
Sale and disposal of tickets by unauthorised persons
NC9To move the following Clause:
'(1) The Criminal Justice and Public Order Act 1994 (c.33) is amended as follows.
(2) In section 166 (sale of tickets by unauthorised persons), for subsection (1) substitute
"(1) It is an offence for an unauthorised person to
(3) In subsection (2) of that section, after paragraph (a) insert
(4) After section 166 insert
"166A Supplementary provision relating to sale and disposal of tickets on internet
(1) Nothing in section 166 makes it an offence for a service provider established outside of the United Kingdom to do anything in the course of providing information society services.
the service provider shall be guilty in England and Wales of an offence under that section.
(3) A service provider is not capable of being guilty of an offence under section 166 in respect of anything done in the course of providing so much of an information society service as consists in
except where subsection (5) applies.
(4) Information falls within this subsection if
(5) This subsection applies at any time in relation to information if
(6) In this section
'the Directive' means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
'information society services'
'EEA State' means a state which is for the time being a member State, Norway, Iceland or Liechtenstein;
'recipient of the service' means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
'service provider' means any person providing an information society service.".'.