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| Page 5, line 13 [Clause 4], leave out from ‘must’ to end of line 17 and insert |
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| ‘determine that the defendant acted unreasonably in the circumstances’. |
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| Page 12, line 34 [Clause 19], leave out ‘appropriate’ and insert ‘necessary and |
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| Page 14, line 41 [Clause 23], before ‘not’, insert ‘to discharge or’. |
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| Page 15, line 18 [Clause 24], leave out from beginning to ‘lies’ and insert ‘Subject |
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| to subsection (4), an appeal under subsection (1) or (2)’. |
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| Page 15, line 18 [Clause 24], at end add— |
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| | ‘(4) | An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal |
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| | if the judge who made the decision grants a certificate that the decision is fit for |
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| | appeal under this section. |
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| | (5) | Subject to any rules of court made under section 53(1) of the Senior Courts Act |
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| | 1981 (c. 54) (distribution of business between civil and criminal divisions), the |
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| | criminal division of the Court of Appeal is the division which is to exercise |
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| | jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of |
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| | the Crown Court in the exercise of its jurisdiction in England and Wales under |
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| | |
| | (6) | An appeal against a decision of the Court of Appeal on an appeal to that court |
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| | under subsection (1) or (2) may be made to the Supreme Court by any person who |
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| | was a party to the proceedings before the Court of Appeal. |
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| | (7) | An appeal under subsection (6) lies only with the leave of the Court of Appeal or |
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| | |
| | (8) | Such leave must not be granted unless— |
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| | (a) | it is certified by the Court of Appeal that a point of law of general public |
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| | importance is involved in the decision; and |
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| | (b) | it appears to the Court of Appeal or (as the case may be) the Supreme |
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| | Court that the point is one which ought to be considered by the Supreme |
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| |
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| | (9) | The Secretary of State may for the purposes of this section by order make |
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| | provision corresponding (subject to any specified modifications) to that made by |
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| | or under an enactment and relating to— |
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| | (a) | appeals to the Court of Appeal under Part 1 of— |
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| | (i) | the Criminal Appeal Act 1968 (c. 19); or |
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| | (ii) | the Criminal Appeal (Northern Ireland) Act 1980 (c. 47); |
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| | (b) | appeals from any decision of the Court of Appeal on appeals falling |
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| | |
| | (c) | any matter connected with or arising out of appeals falling within |
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| | |
| | (10) | An order under subsection (9) may, in particular, make provision about the |
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| | (11) | The power to make an appeal to the Court of Appeal under subsection (1)(a) |
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| | operates instead of any power for the person who is the subject of the order to |
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| | make an appeal against a decision of the Crown Court in relation to a serious |
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| | crime prevention order by virtue of— |
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| | (a) | section 9 or 10 of the Criminal Appeal Act 1968 (c. 19); or |
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| | (b) | section 8 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47). |
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| | (12) | Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from |
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| | criminal division of the Court of Appeal: England and Wales) does not prevent |
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| | an appeal to the Supreme Court under subsection (6) above.’. |
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| Page 16, line 43 [Clause 27], leave out ‘Secretary of State’ and insert ‘appropriate |
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| Page 16, line 44 [Clause 27], leave out ‘he’ and insert ‘that person’. |
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| Page 17, line 23 [Clause 27], at beginning insert— |
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| | ‘“appropriate Minister” means— |
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| | (a) | in relation to a relevant body falling within paragraphs (a) to (c) |
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| | of the definition of “relevant body” below, the Treasury; and |
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| | (b) | in relation to any other relevant body, the Secretary of State;’. |
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| Page 17, line 32 [Clause 27], after ‘registered;’, insert— |
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| | ‘“partnership” does not include a relevant body;’. |
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| Page 17, line 38 [Clause 27], after ‘society;’, insert— |
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| | ‘(ca) | a limited liability partnership;’. |
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| Page 18, line 28 [Clause 28], leave out ‘Secretary of State’ and insert ‘appropriate |
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| Page 18, line 29 [Clause 28], leave out ‘he’ and insert ‘that person’. |
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| Page 19, line 5 [Clause 28], at beginning insert— |
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| | ‘“appropriate Minister” means— |
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| | (a) | in relation to a relevant body falling within paragraph (a) or (b) |
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| | of the definition of “relevant body” below, the Treasury; and |
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| | (b) | in relation to any other relevant body, the Secretary of State;’. |
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| Page 19, line 16 [Clause 28], after ‘registered;’, insert— |
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| | ‘“partnership” does not include a relevant body;’. |
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| Page 19, line 22 [Clause 28], after ‘society;’, insert— |
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| | ‘(ca) | a limited liability partnership;’. |
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| Page 25, line 20 [Clause 35], leave out subsection (2). |
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| Page 25, line 25 [Clause 35], leave out from ‘is’ to ‘that’ in line 27. |
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| Page 32, line 5 [Clause 50], at end insert— |
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| | ‘( ) | Nothing in this section or Schedule 4 restricts the operation of any enactment by |
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| | virtue of which an act constituting an offence under this Part is triable under the |
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| | law of England and Wales or Northern Ireland.’. |
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| Page 32, line 31 [Clause 52], at end insert— |
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| | ‘( ) | No proceedings for an offence under this Part are to be instituted against a person |
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| | providing information society services who is established in an EEA State other |
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| | than the United Kingdom unless the derogation condition is satisfied. |
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| | ( ) | The derogation condition is satisfied where the institution of proceedings— |
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| | (a) | is necessary to pursue the public interest objective; |
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| | (b) | relates to an information society service that prejudices that objective or |
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| | presents a serious and grave risk of prejudice to it; and |
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| | (c) | is proportionate to that objective. |
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| | ( ) | The public interest objective is public policy. |
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| | ( ) | In this section “information society services” has the same meaning as in section |
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| | 34, and subsection (7) of that section applies for the purposes of this section as it |
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| | applies for the purposes of that section.’. |
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| Page 47, line 29 [Clause 81], leave out ‘the Director of Public Prosecutions,’. |
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| Page 50, line 23 [Clause 85], after ‘33,’, insert ‘(Costs in relation to authorised |
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| Page 50, line 23 [Clause 85], after ‘7,’, insert ‘24(9),’. |
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| Page 51, line 12 [Clause 89], after ‘(2);’, insert— |
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| | ‘(ba) | section (Incidents involving serious violence: powers to stop and |
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| Page 51, line 18 [Clause 89], after ‘sections)’, insert ‘and paragraphs 10, 11 and |
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| Page 51, line 23 [Clause 89], leave out ‘and’. |
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| Page 51, line 24 [Clause 89], at end insert ‘and |
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| | (g) | section (Civil recovery management receivers)(1) and (2)’. |
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| Page 51, line 27 [Clause 89], at end insert— |
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| Page 52, line 5 [Clause 90], after ‘(4)’, insert ‘but, subject to this, including the |
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| Page 56, line 27 [Schedule 1], at end insert— |
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| | 13A | An offence under section 1 of the Computer Misuse Act 1990 (unauthorised |
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| | access to computer material). |
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| | 13B | An offence under section 2 of the Computer Misuse Act 1990 (unauthorised |
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| | access with intent to commit or facilitate the commission of further offences). |
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| | 13C | An offence under section 3 of the Computer Misuse Act 1990 (unauthorised |
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| | modification of computer material).’. |
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| Page 60, line 31 [Schedule 1], at end insert— |
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| | 25A | An offence under section 1 of the Computer Misuse Act 1990 (unauthorised |
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| | access to computer material). |
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| | 25B | An offence under section 2 of the Computer Misuse Act 1990 (unauthorised |
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| | access with intent to commit or facilitate the commission of further offences). |
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| | 25C | An offence under section 3 of the Computer Misuse Act 1990 (unauthorised |
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| | modification of computer material).’. |
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| Page 64, line 21 [Schedule 2], at end insert— |
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| | ‘18A | Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland |
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| | Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of |
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| | the Director of Public Prosecutions for Northern Ireland under this Part.’. |
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| Page 74, line 25 [Schedule 6], at end insert— |
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| | ‘20A | In the Criminal Justice Act 1993 (c. 36)— |
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| | (a) | section 1(3)(d) (Group B offences); |
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| | (b) | section 5(4) (incitement to commit Group A offence).’. |
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| Page 74, line 27 [Schedule 6], at end insert— |
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| | ‘21A | Section 27 of the Antarctic Act 1994 (c. 15) (references to offences under the |
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| Page 74, line 44 [Schedule 6], at end insert— |
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| | ‘27A | In the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)— |
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| | (a) | section 2(1) and (2) (incitement to commit certain sexual acts outside |
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| | (b) | section 3(8) (extended meaning of offence of incitement to commit a |
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| | listed sexual offence).’. |
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| Page 75, line 11 [Schedule 6], at end insert— |
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| | ‘29A | In the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 |
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| | (a) | Article 38(3)(d) (Group B offences); |
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| | (b) | Article 42(2) (incitement to commit Group A offence).’. |
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| Page 76, line 5 [Schedule 6], leave out ‘153(3)’ and insert ‘153(a)’. |
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| Page 76, line 16 [Schedule 6], leave out paragraph 48 and insert— |
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| | ‘48 | In the Terrorism Act 2006 (c. 11)— |
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| | (a) | section 17(2)(f) (commission of offences abroad); |
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| | (b) | paragraph 12(b) of Schedule 1 (Convention offences).’. |
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| Page 77, line 20 [Schedule 6], at end insert— |
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| | ‘Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29) |
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| | 55A | In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 |
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| | for “of incitement” substitute “done”.’. |
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