Memorandum submitted by ACPO (CJ&I 387)

 

Criminal Justice and Immigration Bill - Ministry of Justice Amendments

 

I am writing with reference to the letter that David Hanson MP sent to you dated

13 October 2007, in which he outlined proposed amendments to the above Bill. The proposals cover a wide range of issues which will potentially have implications for policing but in this letter I would like to focus on the following areas for amendment and provide comment from an operational perspective:

 

· Incitement to homophobic hatred - Page 1

 

This amendment will provide for criminal incitement to hatred against persons on the basis of their sexuality in line with previous legislation creating offences of incitement to racial and, more recently, religious hatred. We are fully supportive of its inclusion given the offensive and morally unethical/repugnant nature of the offence and further believe that this amendment conveys the appropriate message that such behaviour is totally unacceptable. We also note that the Government would be willing to hear evidence for the additional inclusion of disabled or transgendered people and ACPO would be willing to engage in any future debate should this extension be considered worthy of merit.

 

· Protection of Children from sex offenders - Page 2

 

Action 3 proposes to introduce a legal duty on MAPPA to consider disclosure of information about convicted sex offenders to members of the public in all cases. Research conducted with the 43 police forces to assess the extent of discretionary disclosure, highlights that disclosure is used in a range of circumstances as a part of community management of child sex offenders, although methods of initiation and procedures followed varied. There is a need for consistent recording of disclosure considerations, and to whom information is given. The reality is that discretionary disclosure is used by the police in a variety of circumstances and this has worked well, as long as information is managed appropriately.

 

We do not consider, therefore there being any adverse implications on the police service to implement this legislation as the proposal should introduce consistency across areas.

 

Action 13 seeks to Introduce additional requirements on registered sex offenders which we support.

 

· The threshold for Sexual Offences Prevention Orders (SOPO) -Page 2

 

The removal of the threshold of sentence Imposed In respect of certain offences that enable a SOPO to be applied for addresses an anomaly in the law and allows courts the discretion to impose a SOPO on an offender convicted of a certain offence, regardless of the length of sentence. This Is supported.

 

· Grooming - Page 3

 

Amending the scope of this offence will enable the police to Intervene and charge someone where all the preparatory steps have been taken to arrange a meeting regardless of whether the meeting has actually taken place, If the offender travels to meet the victim. Previously the child had to actually meet the offender before the offence Is complete. This Is supported.

 

· Offences outside the UK - Page 3

 

We support the removal of the 'dual-criminality' principle, enabling prosecution of UK nationals committing offences under the Sexual Offences Act 2003 overseas, regardless of whether the offence exists In the country where It took place. It Is not anticipated that them will be many prosecutions under this law.

 

· Evidence in respect of previous sexual history - Page 3

This refers to the protection of the victim from cross-examination of previous sexual history pre the 2003 Act and Is supported.

 

· Increase in sanctions against shops selling tobacco to under aged persons - Page 5

 

This amendment supports the Government's overall public health strategy to reduce the prevalence of smoking and reinforces the raising of the minimum age for sale of cigarettes and other tobacco products to 18 years from 16 with effect from 1 October 2007 and specifically strengthens the sanctions against retailers who repeatedly flout the law. We support this move.

 

· Annual review of Violent Offender Order (VOO) - Foot of page 6

 

You will note that we have previously submitted comments about the Implications of VOO on the police resources. This amendment to the Act will provide for an annual review of VOO made against a person under 18. It is not anticipated that many juveniles will be made subject of a VOO, therefore there should not be any additional burden on the police service.

 

In closing, I would like to reiterate that the Association of Chief Police Officers believes that them Is much to commend In the Bill and look forward to further consultation and engagement on the implementation of the various proposals/sections in order that a pragmatic and operationally aware approach can be adopted. I am grateful for having this further opportunity to comment.

 

November 2007