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| | 29A | Evidence given after close of prosecution case |
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| | In determining an appeal under this Part, the Court of Appeal shall not |
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| | disregard any evidence solely on the ground that it was given after the |
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| | judge at the appellant’s trial wrongly permitted the trial to continue after |
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| | the close of the evidence for the prosecution.”’. |
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| | Power of Court of Appeal to disregard developments in the law: Northern Ireland |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows. |
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| | (2) | In section 2 (appeals against conviction), after subsection (1B) (as inserted by |
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| | section (Meaning of unsafe: Northern Ireland)(2)) insert— |
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| | “(1C) | In determining for the purposes of subsection (1)(a) whether the |
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| | conviction is unsafe the Court may, if it thinks it appropriate in all the |
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| | circumstances of the case, disregard any development in the law since the |
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| | (3) | In section 12 (appeal against finding of not guilty on ground of insanity), after |
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| | subsection (2B) (as inserted by section (Meaning of unsafe: Northern Ireland)(3)) |
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| | “(2C) | In determining for the purposes of subsection (2)(a) whether the finding |
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| | is unsafe the Court may, if it thinks it appropriate in all the circumstances |
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| | of the case, disregard any development in the law since the date of the |
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| | (4) | In section 13A (appeal against finding of unfitness to be tried), after subsection |
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| | (3B) (as inserted by section (Meaning of unsafe: Northern Ireland)(4)) insert— |
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| | “(3C) | In determining for the purposes of subsection (3)(a) whether a finding is |
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| | unsafe the Court may, if it thinks it appropriate in all the circumstances |
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| | of the case, disregard any development in the law since the date of the |
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| | Determination of prosecution appeals: Northern Ireland |
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| To move the following Clause:— |
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| | ‘In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/ |
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| | 1500) (determination of prosecution appeals by Court of Appeal) for paragraph |
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| | “(5) | But the Court of Appeal may not make an order under paragraph (4)(c) |
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| | in respect of an offence unless it considers that the defendant could not |
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| | receive a fair trial if an order were made under paragraph (4)(a) or (b).”’. |
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| | SFO’s pre-investigation powers in relation to bribery and corruption: foreign officers etc |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 1987 (c. 38) is amended as follows. |
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| | (2) | After section 2 insert— |
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| | “2A | Director’s pre-investigation powers in relation to bribery and |
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| | corruption: foreign officers etc |
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| | (1) | The powers of the Director under section 2 are also exercisable for the |
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| | purpose of enabling him to determine whether to start an investigation |
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| | under section 1 in a case where it appears to him that conduct to which |
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| | this section applies may have taken place. |
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| | |
| | (a) | the power under subsection (2) of section 2 is so exercisable only |
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| | if it appears to the Director that for the purpose of enabling him |
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| | to make that determination it is expedient to require any person |
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| | appearing to him to have relevant information to do as mentioned |
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| | (b) | the power under subsection (3) of that section is so exercisable |
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| | only if it appears to the Director that for that purpose it is |
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| | expedient to require any person to do as mentioned in that |
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| | (3) | Accordingly, where the powers of the Director under section 2 are |
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| | exercisable in accordance with subsections (1) and (2) above— |
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| | (a) | the reference in subsection (2) of that section to the person under |
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| | investigation or any other person whom the Director has reason |
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| | to believe has relevant information is to be read as a reference to |
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| | any such person as is mentioned in subsection (2)(a) above, |
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| | (b) | the reference in subsection (3) of that section to the person under |
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| | investigation or any other person is to be read as a reference to |
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| | any such person as is mentioned in subsection (2)(b) above, and |
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| | (c) | any reference in subsection (2), (3) or (4) of that section to the |
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| | investigation is to be read as a reference to the making of any |
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| | such determination as is mentioned in subsection (1) above. |
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| | (4) | Any reference in section 2(16) to the carrying out of an investigation by |
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| | the Serious Fraud Office into serious or complex fraud includes a |
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| | reference to the making of any such determination as is mentioned in |
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| | (5) | This section applies to any conduct which, as a result of section 108 of |
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| | the Anti-terrorism, Crime and Security Act 2001 (bribery and corruption: |
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| | foreign officers etc), constitutes a corruption offence (wherever |
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| | (6) | The following are corruption offences for the purposes of this section— |
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| | (a) | any common law offence of bribery; |
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| | (b) | the offences under section 1 of the Public Bodies Corrupt |
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| | Practices Act 1889 (corruption in office); and |
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| | (c) | the offences under section 1 of the Prevention of Corruption Act |
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| | 1906 (corrupt transactions with agents).” |
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| | (3) | In section 17(3) (provisions of Act extending to Northern Ireland) after “sections |
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| | (4) | This section extends to England and Wales and Northern Ireland only.’. |
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| | Special rules relating to providers of information society services |
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| To move the following Clause:— |
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| | ‘Schedule (Special rules relating to providers of information society services) |
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| | makes special provision in connection with the operation of section 64 in relation |
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| | to persons providing information society services within the meaning of that |
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| | Hatred on the grounds of sexual orientation |
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| To move the following Clause:— |
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| | ‘Schedule (Hatred on the grounds of sexual orientation)— |
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| | (a) | amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against |
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| | persons on religious grounds) to make provision about hatred against a |
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| | group of persons defined by reference to sexual orientation, and |
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| | (b) | makes minor amendments of that Part.’. |
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| | Sexual offences committed outside the United Kingdom |
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| To move the following Clause:— |
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| | ‘(1) | For section 72 of the Sexual Offences Act 2003 (c. 42) substitute— |
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| | “72 | Offences outside the United Kingdom |
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| | (a) | a United Kingdom national does an act in a country outside the |
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| | (b) | the act, if done in England and Wales or Northern Ireland, would |
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| | constitute a sexual offence to which this section applies, |
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| | | the United Kingdom national is guilty in that part of the United Kingdom |
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| | (a) | a United Kingdom resident does an act in a country outside the |
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| | (b) | the act constitutes an offence under the law in force in that |
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| | (c) | the act, if done in England and Wales or Northern Ireland, would |
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| | constitute a sexual offence to which this section applies, |
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| | | the United Kingdom resident is guilty in that part of the United Kingdom |
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| | (a) | a person does an act in a country outside the United Kingdom at |
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| | a time when the person was not a United Kingdom national or a |
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| | (b) | the act constituted an offence under the law in force in that |
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| | (c) | the act, if done in England and Wales or Northern Ireland, would |
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| | have constituted a sexual offence to which this section applies, |
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| | (d) | the person meets the residence or nationality condition at the |
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| | | proceedings may be brought against the person in that part of the United |
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| | Kingdom for that sexual offence as if the person had done the act there. |
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| | (4) | The person meets the residence or nationality condition at the relevant |
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| | time if the person is a United Kingdom national or a United Kingdom |
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| | resident at the time when the proceedings are brought. |
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| | (5) | An act punishable under the law in force in any country constitutes an |
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| | offence under that law for the purposes of subsections (2) and (3) |
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| | however it is described in that law. |
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| | (6) | The condition in subsection (2)(b) or (3)(b) is to be taken to be met |
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| | unless, not later than rules of court may provide, the defendant serves on |
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| | the prosecution a notice— |
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| | (a) | stating that, on the facts as alleged with respect to the act in |
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| | question, the condition is not in the defendant’s opinion met, |
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| | (b) | showing the grounds for that opinion, and |
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| | (c) | requiring the prosecution to prove that it is met. |
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| | (7) | But the court, if it thinks fit, may permit the defendant to require the |
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| | prosecution to prove that the condition is met without service of a notice |
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| | (8) | In the Crown Court the question whether the condition is met is to be |
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| | decided by the judge alone. |
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| | “country” includes territory; |
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| | “United Kingdom national” means an individual who is— |
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| | (a) | a British citizen, a British overseas territories citizen, a British |
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| | National (Overseas) or a British Overseas citizen; |
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| | (b) | a person who under the British Nationality Act 1981 is a British |
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| | (c) | a British protected person within the meaning of that Act; |
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| | “United Kingdom resident” means an individual who is resident in the |
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| | (10) | Schedule 2 lists the sexual offences to which this section applies.” |
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| | (2) | Schedule 2 to that Act (list of sexual offences to which section 72 applies) is |
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| | (3) | In paragraph 1 (offences under the law of England and Wales)— |
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| | (a) | for paragraphs (a) and (b) substitute— |
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| | “(a) | an offence under any of sections 5 to 19, 25 and 26 |
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| | (b) | an offence under any of sections 1 to 4, 30 to 41 and |
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| | 61 where the victim of the offence was under 18 at the |
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| | (b) | in paragraph (c), for “16” substitute “18”; and |
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| | (c) | in paragraph (d), omit “in relation to a photograph or pseudo-photograph |
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| | showing a child under 16”. |
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| | (4) | In paragraph 2 (offences under the law of Northern Ireland)— |
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| | (a) | in sub-paragraph (1)(c)(iv), for “17” substitute “18”; and |
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| | (b) | in sub-paragraph (2), for “17” substitute “18”.’. |
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| | Sexual offences: grooming and adoption |
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| To move the following Clause:— |
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| | ‘Schedule (Sexual offences: grooming and adoption)— |
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| | (a) | amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a |
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| | child following sexual grooming etc), |
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| | (b) | amends that Act in relation to adoption, and |
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| | (c) | amends the Adoption Act 1976 (c. 36) in relation to offences under |
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| | sections 64 and 65 of the Sexual Offences Act 2003 (c. 42).’. |
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| | Review of violent offender orders in respect of young offenders |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where a violent offender order has been made in respect of |
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| | an offender who was under 17 at the time when the order was made (“the young |
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| | (a) | the young offender will be under 18 at the end of a review period (see |
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| | (b) | the young offender will be subject to the violent offender order at the end |
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| | | the appropriate chief officer of police must before the end of that period carry out |
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| | a review of the operation of the order. |
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| | | But this subsection ceases to apply if the order is discharged under section 87 |
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| | before the end of that period. |
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| | (3) | The “review periods” are— |
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| | (a) | the period of 12 months beginning with— |
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| | (i) | the day on which the order was made, or |
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| | (ii) | if one or more supplemental orders were made during that |
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| | period, the date on which the supplemental order (or the last |
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| | supplemental order) was made; |
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| | (b) | a period of 12 months beginning with— |
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| | (i) | the day after the end of the previous review period, or |
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| | (ii) | if one or more supplemental orders were made during that |
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| | period, the date on which the supplemental order (or the last |
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| | supplemental order) was made. |
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| | (4) | A review under this section must include consideration of— |
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| | (a) | the extent to which the young offender has complied with the violent |
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| | (b) | the adequacy of any support available to the young offender to help the |
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| | young offender comply with it; |
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| | (c) | any matters relevant to the question whether an application should be |
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| | made under section 87 for the violent offender order to be varied, |
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| | (5) | A chief officer of police carrying out a review under this section may invite any |
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| | person to participate in the review, but must have regard to any guidance issued |
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| | by the Secretary of State when considering which persons to invite. |
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| | (6) | Those carrying out or participating in a review under this section must have |
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| | regard to any guidance issued by the Secretary of State when considering— |
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| | (a) | how the review should be carried out; |
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| | (b) | what particular matters should be dealt with by the review; |
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| | (c) | which persons should be sent a copy of the findings of the review or |
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| | extracts from or a summary of those findings; |
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| | (d) | what action (if any) it would be appropriate to take in consequence of |
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| | “the appropriate chief officer of police” means the chief officer of police of |
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| | the police force maintained for the police area in which the young |
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| | offender resides or appears to reside; |
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| | “supplemental order”, in relation to a violent offender order, means an order |
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| | under section 87 varying or renewing the violent offender order.’. |
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| | Disclosure of information about convictions etc of child sex offenders to members of the |
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| To move the following Clause:— |
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| | ‘(1) | After section 327 of the Criminal Justice Act 2003 (c. 44) insert— |
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| | “327A | Disclosure of information about convictions etc of child sex offenders |
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| | (1) | The responsible authority for each area must, in the course of discharging |
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| | i ts functions under arrangements established by it under section 325, |
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| | consider whether to disclose information in its possession about the |
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| | relevant previous convictions of any child sex offender managed by it to |
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| | any particular member of the public. |
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| | (2) | In the case mentioned in subsection (3) there is a presumption that the |
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| | r esponsible authority should disclose information in its possession about |
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| | the relevant previous convictions of the offender to the particular |
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| | (3) | The case is where the responsible authority for the area has reasonable |
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| | (a) | a child sex offender managed by it poses a risk in that or any |
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| | other area of causing harm to children generally or any child, and |
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| | (b) | the disclosure of information about the relevant previous |
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| | convictions of the offender to the particular member of the public |
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| | is necessary for the purpose of protecting children generally or |
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| | a ny child from harm caused by the offender. |
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| | (4) | The presumption under subsection (2) arises— |
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| | (a) | whether or not the person to whom the information is disclosed |
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| | requests the disclosure, and |
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| | (b) | whether or not the responsible authority making the disclosure |
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| | h as reasonable cause to believe that the risk is posed in relation |
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| | to a member of that person’s family. |
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| | (5) | Where the responsible authority makes a disclosure under this section— |
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| | (a) | it may disclose such information about the relevant previous |
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| | convictions of the offender as it considers appropriate to disclose |
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| | t o the member of the public concerned, and |
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| | (b) | it may impose conditions for preventing the member of the |
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| | public concerned from disclosing the information to any other |
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| | (6) | Any disclosure under this section must be made as soon as is reasonably |
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| | p racticable having regard to all the circumstances. |
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