|
| |
|
(7) | After section 133 insert— |
| |
“133A | Miscarriages of justice: amount of compensation |
| |
(1) | This section applies where an assessor is required to assess the amount |
| |
of compensation payable to or in respect of a person under section 133 |
| |
for a miscarriage of justice. |
| 5 |
(2) | In assessing so much of any compensation payable under section 133 as |
| |
is attributable to suffering, harm to reputation or similar damage, the |
| |
assessor must have regard in particular to— |
| |
(a) | the seriousness of the offence of which the person was |
| |
convicted and the severity of the punishment suffered as a |
| 10 |
result of the conviction, and |
| |
(b) | the conduct of the investigation and prosecution of the offence. |
| |
(3) | The assessor may make from the total amount of compensation that the |
| |
assessor would otherwise have assessed as payable under section 133 |
| |
any deduction or deductions that the assessor considers appropriate by |
| 15 |
reason of either or both of the following— |
| |
(a) | any conduct of the person appearing to the assessor to have |
| |
directly or indirectly caused, or contributed to, the conviction |
| |
| |
(b) | any other convictions of the person and any punishment |
| 20 |
suffered as a result of them. |
| |
(4) | If, having had regard to any matters falling within subsection (3)(a) or |
| |
(b), the assessor considers that there are exceptional circumstances |
| |
which justify doing so, the assessor may determine that the amount of |
| |
compensation payable under section 133 is to be a nominal amount |
| 25 |
| |
(5) | The total amount of compensation payable to or in respect of a person |
| |
under section 133 for a particular miscarriage of justice must not exceed |
| |
the overall compensation limit. |
| |
| 30 |
(6) | The total amount of compensation payable under section 133 for a |
| |
person’s loss of earnings or earnings capacity in respect of any one year |
| |
must not exceed the earnings compensation limit. |
| |
| That limit is an amount equal to 1.5 times the median annual gross |
| |
earnings according to the latest figures published by the Office of |
| 35 |
National Statistics at the time of the assessment. |
| |
(7) | The Secretary of State may by order made by statutory instrument |
| |
amend subsection (5) or (6) so as to alter the amount for the time being |
| |
specified as the overall compensation limit or the earnings |
| |
| 40 |
(8) | No order may be made under subsection (7) unless a draft of the order |
| |
has been laid before and approved by a resolution of each House of |
| |
| |
(8) | In section 172 (extent) in subsection (3) (provisions extending to Northern |
| |
Ireland as well as England and Wales) after “section 133;” insert— |
| 45 |
| |
(9) | This section extends to England and Wales and Northern Ireland. |
| |
|
| |
|
| |
|
63 | Annual report on the Criminal Justice (Terrorism and Conspiracy) Act 1998 |
| |
(1) | Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) |
| |
(requirement for annual report on working of the Act) ceases to have effect. |
| |
(2) | The following provisions, namely— |
| |
| 5 |
(b) | the repeal of section 8 of that Act in Part 3 of Schedule 23, |
| |
| extend to England and Wales and Northern Ireland. |
| |
| |
| |
| 10 |
64 | Possession of extreme pornographic images |
| |
(1) | It is an offence for a person to be in possession of an extreme pornographic |
| |
| |
(2) | An “extreme pornographic image” is an image which is both— |
| |
| 15 |
| |
(3) | An image is “pornographic” if it appears to have been produced solely or |
| |
principally for the purpose of sexual arousal. |
| |
(4) | Where an image forms part of a series of images, the question whether the |
| |
image appears to have been so produced is to be determined by reference to— |
| 20 |
(a) | the image itself, and |
| |
(b) | (if the series of images is such as to be capable of providing a context for |
| |
the image) the context in which it occurs in the series of images. |
| |
(5) | So, for example, where— |
| |
(a) | an image forms an integral part of a narrative constituted by a series of |
| 25 |
| |
(b) | it appears that the series of images as a whole was not produced solely |
| |
or principally for the purpose of sexual arousal, |
| |
| the image may, by virtue of being part of that narrative, be found not to be |
| |
pornographic, even though it might have been found to be pornographic if |
| 30 |
| |
(6) | An “extreme image” is an image of any of the following— |
| |
(a) | an act which threatens or appears to threaten a person’s life, |
| |
(b) | an act which results in or appears to result (or be likely to result) in |
| |
serious injury to a person’s anus, breasts or genitals, |
| 35 |
(c) | an act which involves or appears to involve sexual interference with a |
| |
| |
(d) | a person performing or appearing to perform an act of intercourse or |
| |
| |
where (in each case) any such act, person or animal depicted in the image is or |
| 40 |
| |
(7) | In this section “image” means— |
| |
|
| |
|
| |
|
(a) | a moving or still image (produced by any means); or |
| |
(b) | data (stored by any means) which is capable of conversion into an |
| |
image within paragraph (a). |
| |
(8) | In this section references to a part of the body include references to a part |
| |
surgically constructed (in particular through gender reassignment surgery). |
| 5 |
(9) | Proceedings for an offence under this section may not be instituted— |
| |
(a) | in England and Wales, except by or with the consent of the Director of |
| |
| |
(b) | in Northern Ireland, except by or with the consent of the Director of |
| |
Public Prosecutions for Northern Ireland. |
| 10 |
65 | Exclusion of classified films etc. |
| |
(1) | Section 64 does not apply to excluded images. |
| |
(2) | An “excluded image” is an image which forms part of a series of images |
| |
contained in a recording of the whole or part of a classified work. |
| |
(3) | But such an image is not an “excluded image” if— |
| 15 |
(a) | it is contained in a recording of an extract from a classified work, and |
| |
(b) | it appears that the image was extracted (whether with or without other |
| |
images) solely or principally for the purpose of sexual arousal. |
| |
(4) | Where an extracted image is one of a series of images contained in the |
| |
recording, the question whether the image appears to have been extracted as |
| 20 |
mentioned in subsection (3)(b) is to be determined by reference to— |
| |
(a) | the image itself, and |
| |
(b) | (if the series of images is such as to be capable of providing a context for |
| |
the image) the context in which it occurs in the series of images; |
| |
| and section 64(5) applies in connection with determining that question as it |
| 25 |
applies in connection with determining whether an image is pornographic. |
| |
(5) | In determining for the purposes of this section whether a recording is a |
| |
recording of the whole or part of a classified work, any alteration attributable |
| |
| |
(a) | a defect caused for technical reasons or by inadvertence on the part of |
| 30 |
| |
(b) | the inclusion in the recording of any extraneous material (such as |
| |
| |
| |
(6) | Nothing in this section is to be taken as affecting any duty of a designated |
| 35 |
authority to have regard to section 64 (along with other enactments creating |
| |
criminal offences) in determining whether a video work is suitable for a |
| |
classification certificate to be issued in respect of it. |
| |
| |
“classified work” means (subject to subsection (8)) a video work in respect |
| 40 |
of which a classification certificate has been issued by a designated |
| |
authority (whether before or after the commencement of this section); |
| |
“classification certificate” and “video work” have the same meanings as in |
| |
the Video Recordings Act 1984 (c. 39); |
| |
|
| |
|
| |
|
“designated authority” means an authority which has been designated by |
| |
the Secretary of State under section 4 of that Act; |
| |
“extract” includes an extract consisting of a single image; |
| |
“image” and “pornographic” have the same meanings as in section 64; |
| |
“recording” means any disc, tape or other device capable of storing data |
| 5 |
electronically and from which images may be produced (by any |
| |
| |
(8) | Section 22(3) of the Video Recordings Act 1984 (c. 39) (effect of alterations) |
| |
applies for the purposes of this section as it applies for the purposes of that Act. |
| |
| 10 |
(1) | Where a person is charged with an offence under section 64, it is a defence for |
| |
the person to prove any of the matters mentioned in subsection (2). |
| |
| |
(a) | that the person had a legitimate reason for being in possession of the |
| |
| 15 |
(b) | that the person had not seen the image concerned and did not know, |
| |
nor had any cause to suspect, it to be an extreme pornographic image; |
| |
| |
(i) | was sent the image concerned without any prior request having |
| |
been made by or on behalf of the person, and |
| 20 |
(ii) | did not keep it for an unreasonable time. |
| |
(3) | In this section “extreme pornographic image” and “image” have the same |
| |
meanings as in section 64. |
| |
67 | Penalties etc. for possession of extreme pornographic images |
| |
(1) | This section has effect where a person is guilty of an offence under section 64. |
| 25 |
(2) | Except where subsection (3) applies to the offence, the offender is liable— |
| |
(a) | on summary conviction, to imprisonment for a term not exceeding the |
| |
relevant period or a fine not exceeding the statutory maximum or both; |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
3 years or a fine or both. |
| 30 |
(3) | If the offence relates to an image that does not depict any act within section |
| |
64(6)(a) or (b), the offender is liable— |
| |
(a) | on summary conviction, to imprisonment for a term not exceeding the |
| |
relevant period or a fine not exceeding the statutory maximum or both; |
| |
(b) | on conviction on indictment, to imprisonment for a term not exceeding |
| 35 |
2 years or a fine or both. |
| |
(4) | In subsection (2)(a) or (3)(a) “the relevant period” means— |
| |
(a) | in relation to England and Wales, 12 months; |
| |
(b) | in relation to Northern Ireland, 6 months. |
| |
(5) | In Schedule 3 to the Sexual Offences Act 2003 (c. 42) (sexual offences in respect |
| 40 |
of which an offender becomes subject to the notification requirements of Part |
| |
|
| |
|
| |
|
2), after paragraph 35 insert— |
| |
“35A | An offence under section 64 of the Criminal Justice and Immigration |
| |
Act 2008 (possession of extreme pornographic images) if the |
| |
| |
| 5 |
(b) | is sentenced in respect of the offence to imprisonment for a |
| |
term of at least 2 years.” |
| |
(6) | In subsection (5) the reference to Schedule 3 to the Sexual Offences Act 2003 |
| |
(c. 42) is a reference to that Schedule as it applies in relation to England and |
| |
Wales and Northern Ireland. |
| 10 |
68 | Indecent photographs of children |
| |
(1) | The Protection of Children Act 1978 (c. 37) is amended as follows. |
| |
(2) | In section 1B(1)(b) (exception for members of the Security Service)— |
| |
(a) | after “Security Service” insert “or the Secret Intelligence Service”; |
| |
(b) | for “the Service” substitute “that Service”. |
| 15 |
(3) | After section 7(4) (meaning of photograph), insert— |
| |
“(4A) | References to a photograph also include— |
| |
(a) | a tracing or other image, whether made by electronic or other |
| |
means (of whatever nature)— |
| |
(i) | which is not itself a photograph or pseudo-photograph, |
| 20 |
| |
(ii) | which is derived from the whole or part of a photograph |
| |
or pseudo-photograph (or a combination of either or |
| |
| |
(b) | data stored on a computer disc or by other electronic means |
| 25 |
which is capable of conversion into an image within paragraph |
| |
| |
| and subsection (8) applies in relation to such an image as it applies in |
| |
relation to a pseudo-photograph.” |
| |
(4) | In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo- |
| 30 |
photograph” substitute “an indecent pseudo-photograph”. |
| |
69 | Indecent photographs of children (Northern Ireland) |
| |
(1) | The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 |
| |
(N.I. 17)) is amended as follows. |
| |
(2) | In article 2(2) (interpretation) in paragraph (b) of the definition of “indecent |
| 35 |
pseudo-photograph”, for “a pseudo-photograph” substitute “an indecent |
| |
| |
(3) | After article 2(2) insert— |
| |
“(2A) | In this Order, references to a photograph also include— |
| |
(a) | a tracing or other image, whether made by electronic or other |
| 40 |
means (of whatever nature)— |
| |
(i) | which is not itself a photograph or pseudo-photograph, |
| |
| |
|
| |
|
| |
|
(ii) | which is derived from the whole or part of a photograph |
| |
or pseudo-photograph (or a combination of either or |
| |
| |
(b) | data stored on a computer disc or by other electronic means |
| |
which is capable of conversion into an image within paragraph |
| 5 |
| |
| and paragraph (3)(c) applies in relation to such an image as it applies in |
| |
relation to a pseudo-photograph.” |
| |
(4) | In article 3A(1)(b) (exception for members of the Security Service)— |
| |
(a) | after “Security Service” insert “or the Secret Intelligence Service”; |
| 10 |
(b) | for “the Service” substitute “that Service”. |
| |
70 | Maximum penalty for publication etc. of obscene articles |
| |
In section 2(1)(b) of the Obscene Publications Act 1959 (c. 66) (maximum |
| |
penalty on indictment for publication etc. of obscene articles) for “three years” |
| |
| 15 |
| |
71 | Amendment to offence of loitering etc. for purposes of prostitution |
| |
(1) | The Street Offences Act 1959 (c. 57) is amended as follows. |
| |
(2) | In subsection (1) of section 1 (loitering or soliciting for purposes of |
| |
| 20 |
(a) | for “common prostitute” substitute “person”; and |
| |
(b) | after “female)” insert “persistently”. |
| |
(3) | In subsection (4) of that section, after “section” insert “— |
| |
(a) | conduct is persistent if it takes place on two or more occasions |
| |
in any period of three months; |
| 25 |
(b) | any reference to a person loitering or soliciting for the purposes |
| |
of prostitution is a reference to a person loitering or soliciting |
| |
for the purposes of offering services as a prostitute; |
| |
| |
(4) | Section 2 (application to court by person cautioned for loitering or soliciting) |
| 30 |
| |
72 | Orders to promote rehabilitation |
| |
(1) | The Street Offences Act 1959 is amended as follows. |
| |
(2) | In section 1 (loitering or soliciting for purposes of prostitution) after subsection |
| |
| 35 |
“(2A) | The court may deal with a person convicted of an offence under this |
| |
section by making an order under this subsection requiring the |
| |
offender to attend three meetings with the person for the time being |
| |
specified in the order (“the supervisor”) or with such other person as |
| |
the supervisor may direct. |
| 40 |
|
| |
|
| |
|
(2B) | The purpose of an order under subsection (2A) is to promote the |
| |
offender’s rehabilitation by assisting the offender, through attendance |
| |
| |
(a) | address the causes of the conduct constituting the offence; and |
| |
(b) | find ways to cease engaging in such conduct in the future. |
| 5 |
(2C) | Where the court is dealing with an offender who is already subject to |
| |
an order under subsection (2A) (“the original order”), the court may not |
| |
make a further order under that subsection unless it first revokes the |
| |
| |
(2D) | If the court makes an order under subsection (2A) it may not impose |
| 10 |
any other penalty in respect of the offence.” |
| |
(3) | After section 1 insert— |
| |
“1A | Orders under section 1(2A): supplementary |
| |
(1) | This section applies where a court proposes to make an order under |
| |
subsection (2A) of section 1 in relation to a person convicted of an |
| 15 |
offence under that section (“the offender”). |
| |
(2) | The order may not be made unless a suitable person has agreed to act |
| |
as supervisor in relation to the offender. |
| |
(3) | In subsection (2) “suitable person” means a person appearing to the |
| |
court to have appropriate qualifications or experience for helping the |
| 20 |
offender to make the best use of the meetings for the purpose |
| |
mentioned in section 1(2B). |
| |
(4) | The order must specify— |
| |
(a) | a date (not more than six months after the date of the order) by |
| |
which the meetings required by the order must take place; |
| 25 |
(b) | the local justice area in which the offender resides or will reside |
| |
while the order is in force. |
| |
(5) | The meetings required by the order shall take place at such times and |
| |
places as the supervisor may determine and shall be of such duration |
| |
| 30 |
(6) | It is the duty of the supervisor— |
| |
(a) | to make any arrangements that are necessary to enable the |
| |
meetings required by the order to take place; and |
| |
(b) | once the order has been complied with, to notify the court |
| |
which made the order of that fact. |
| 35 |
(7) | The court making the order must forthwith provide copies of it to the |
| |
offender and the supervisor. |
| |
(8) | Subsection (9) applies where— |
| |
(a) | the order is made by the Crown Court, or |
| |
(b) | the order is made by a magistrates’ court but specifies a local |
| 40 |
justice area for which the court making the order does not act. |
| |
(9) | The court must provide to a magistrates’ court acting for the local |
| |
justice area specified in the order— |
| |
(a) | a copy of the order, and |
| |
|
| |
|