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| |
| |
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| | (7) | The responsible authority for each area must compile and maintain a |
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| | record about the decisions it makes in relation to the discharge of its |
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| | functions under this section. |
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| | (8) | The record must include the following information— |
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| | (a) | t he reasons for making a decision to disclose information under |
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| | |
| | (b) | the reasons for making a decision not to disclose information |
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| | |
| | (c) | the information which is disclosed under this section, any |
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| | c onditions imposed in relation to its further disclosure and the |
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| | name and address of the person to whom it is disclosed. |
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| | (9) | Nothing in this section requires or authorises the making of a disclosure |
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| | which contravenes the Data Protection Act 1998. |
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| | (10) | This section is not to be taken as affecting any power of any person to |
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| | d isclose any information about a child sex offender. |
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| | 327B | Section 327A: interpretation |
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| | (1) | This section applies for the purposes of section 327A. |
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| | (2) | “Child” means a person under 18. |
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| | (3) | “Child sex offence” means an offence listed in Schedule 34A, whenever |
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| | c ommitted. |
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| | (4) | “Child sex offender” means any person who— |
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| | (a) | has been convicted of such an offence, |
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| | (b) | has been found not guilty of such an offence by reason of |
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| | |
| | (c) | h as been found to be under a disability and to have done the act |
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| | charged against the person in respect of such an offence, or |
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| | (d) | has been cautioned in respect of such an offence. |
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| | (5) | In relation to a responsible authority, references to information about the |
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| | relevant previous convictions of a child sex offender are references to |
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| | i nformation about— |
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| | (a) | convictions, findings and cautions mentioned in subsection |
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| | (4)(a) to (d) which relate to the offender, and |
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| | (b) | anything under the law of any country or territory outside |
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| | England and Wales which in the opinion of the responsible |
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| | a uthority corresponds to any conviction, finding or caution |
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| | within paragraph (a) (however described). |
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| | (6) | References to harm caused by a child sex offender are references to |
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| | physical or psychological harm caused by the offender committing any |
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| | offence listed in any paragraph of Schedule 34A other than paragraphs 1 |
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| | to 6 (offences under provisions repealed by Sexual Offences Act 2003). |
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| | (7) | A responsible authority for any area manages a child sex offender if the |
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| | offender is a person who poses risks in that area which fall to be managed |
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| | by the authority under the arrangements established by it under section |
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| | |
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| |
| |
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| | (8) | For the purposes of this section the provisions of section 4 of, and |
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| | paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 |
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| | (protection for spent convictions and cautions) are to be disregarded. |
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| | (9) | In this section “cautioned”, in relation to any person and any offence, |
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| | |
| | (a) | c autioned after the person has admitted the offence, or |
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| | (b) | reprimanded or warned within the meaning given by section 65 |
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| | of the Crime and Disorder Act 1998. |
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| | (10) | Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 |
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| | (mentally disordered offenders) apply for the purposes of this section as |
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| | they apply for the purposes of Part 2 of that Act.” |
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| | (2) | After Schedule 34 to that Act insert the Schedule 34A set out in Schedule (Section |
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| | 327A of the Criminal Justice Act 2003: meaning of “child sex offence”) to this |
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| | |
| | As Amendments to Mr David Hanson’s proposed New Clause (Disclosure of |
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| | information about convictions etc of child sex offenders to members of the public) |
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| | |
| |
| |
| | |
| Line 9, leave out from ‘(3)’ to ‘disclose’ in line 10 and insert ‘the responsible |
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| |
| |
| |
| | |
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| Line 15, leave out from ‘risk’ to end of line 16 and insert ‘of serious harm to any |
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| identified person or persons, particularly a child or children’. |
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| |
| |
| | |
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| Line 16, after ‘causing’, insert ‘serious’. |
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| |
| |
| | |
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| Line 20, after ‘from’, insert ‘serious’. |
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| |
| |
| | |
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| Line 20, at end insert ‘, and |
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| | (c) | the disclosure of information would be in the best interests of promoting |
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| | |
| |
| |
| | |
| Line 21, leave out ‘presumption under subsection (2)’ and insert ‘consideration |
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| |
| |
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| |
| |
| |
| | |
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| Line 26, at end insert— |
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| | ‘(5) | Nothing in subsection (4) above shall grant members of the public a right to |
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| | request a disclosure from the responsible authority.’. |
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| |
| | Sexual offences prevention orders: relevant sexual offences |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions |
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| | about sexual offences prevention orders), at the end insert— |
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| | “(13) | Subsection (14) applies for the purposes of section 104 and this section |
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| | in their application in relation to England and Wales or Northern Ireland. |
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| | (14) | In construing any reference to an offence listed in Schedule 3, any |
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| | condition subject to which an offence is so listed that relates— |
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| | (a) | to the way in which the defendant is dealt with in respect of an |
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| | offence so listed or a relevant finding (as defined by section |
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| | |
| | (b) | to the age of any person, |
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| | |
| | (2) | This section extends to England and Wales and Northern Ireland only.’. |
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| |
| | Notification requirements: prescribed information |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements: |
|
| | |
| | (a) | at the end of subsection (5) insert— |
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| | “(h) | any prescribed information.”; and |
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| | (b) | after that subsection insert— |
|
| | “(5A) | In subsection (5)(h) “prescribed” means prescribed by |
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| | regulations made by the Secretary of State.” |
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| | (2) | Section 84 of that Act (notification requirements: changes) is amended as |
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| | |
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| |
| |
|
| | |
| | (a) | after “1997,” in paragraph (c) insert— |
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| | “(ca) | any prescribed change of circumstances,”; and |
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| | (b) | after “the address of those premises” insert “, the prescribed details”. |
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| | (4) | In subsection (2) after “home address” insert “or the prescribed change of |
|
| | |
| | (5) | After subsection (5) insert— |
|
| | |
| | (a) | “prescribed change of circumstances” means any change— |
|
| | (i) | occurring in relation to any matter in respect of which |
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| | information is required to be notified by virtue of section |
|
| | |
| | (ii) | of a description prescribed by regulations made by the |
|
| | |
| | (b) | “the prescribed details”, in relation to a prescribed change of |
|
| | circumstances, means such details of the change as may be so |
|
| | |
| | (6) | This section extends to England and Wales and Northern Ireland only.’. |
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| |
| | Persistent sales of tobacco to persons under 18 |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Children and Young Persons Act 1933 (c. 12) is amended as follows. |
|
| | (2) | After section 12 insert— |
|
| | “Persistent sales of tobacco to persons under 18 |
|
| | 12A | Restricted premises orders |
|
| | (1) | This section applies where a person (“the offender”) is convicted of a |
|
| | tobacco offence (“the relevant offence”). |
|
| | (2) | The person who brought the proceedings for the relevant offence may by |
|
| | complaint to a magistrates’ court apply for a restricted premises order to |
|
| | be made in respect of the premises in relation to which that offence was |
|
| | committed (“the relevant premises”). |
|
| | (3) | A restricted premises order is an order prohibiting the sale on the |
|
| | premises to which it relates of any tobacco or cigarette papers to any |
|
| | |
| | (4) | The prohibition applies to sales whether made— |
|
| | (a) | by the offender or any other person, or |
|
| | (b) | by means of any machine kept on the premises or any other |
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| | |
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| |
| |
|
| | (5) | The order has effect for the period specified in the order, but that period |
|
| | |
| | (6) | The applicant must, after making reasonable enquiries, give notice of the |
|
| | application to every person appearing to the applicant to be a person |
|
| | |
| | (7) | The court may make the order if (and only if) it is satisfied that— |
|
| | (a) | on at least 2 occasions within the period of 2 years ending with |
|
| | the date on which the relevant offence was committed the |
|
| | offender has committed other tobacco offences in relation to the |
|
| | |
| | (b) | the applicant has complied with subsection (6). |
|
| | (8) | Persons affected by the application may make representations to the court |
|
| | as to why the order should not be made. |
|
| | |
| | (a) | a person affected by an application for a restricted premises order |
|
| | was not given notice under subsection (6), and |
|
| | (b) | consequently the person had no opportunity to make |
|
| | representations to the court as to why the order should not be |
|
| | |
| | | the person may by complaint apply to the court for an order varying or |
|
| | |
| | (10) | On an application under subsection (9) the court may, after hearing— |
|
| | (a) | that person, and |
|
| | (b) | the applicant for the restricted premises order, |
|
| | | make such order varying or discharging the restricted premises order as |
|
| | it considers appropriate. |
|
| | (11) | For the purposes of this section the persons affected by an application for |
|
| | a restricted premises order in respect of any premises are— |
|
| | (a) | the occupier of the premises, and |
|
| | (b) | any other person who has an interest in the premises. |
|
| | 12B | Restricted sale orders |
|
| | (1) | This section applies where a person (“the offender”) is convicted of a |
|
| | tobacco offence (“the relevant offence”). |
|
| | (2) | The person who brought the proceedings for the relevant offence may by |
|
| | complaint to a magistrates’ court apply for a restricted sale order to be |
|
| | made in respect of the offender. |
|
| | (3) | A restricted sale order is an order prohibiting the person to whom it |
|
| | relates — |
|
| | (a) | from selling any tobacco or cigarette papers to any person, |
|
| | (b) | from having any management functions in respect of any |
|
| | premises in so far as those functions relate to the sale on the |
|
| | premises of tobacco or cigarette papers to any person, |
|
| | (c) | from keeping any cigarette machine on any premises for the |
|
| | purpose of selling tobacco or permitting any cigarette machine to |
|
| | be kept on any premises by any other person for that purpose, and |
|
|
|
| |
| |
|
| | (d) | from having any management functions in respect of any |
|
| | premises in so far as those functions relate to any cigarette |
|
| | machine kept on the premises for the purpose of selling tobacco. |
|
| | (4) | The order has effect for the period specified in the order, but that period |
|
| | |
| | (5) | The court may make the order if (and only if) it is satisfied that on at least |
|
| | 2 occasions within the period of 2 years ending with the date on which |
|
| | the relevant offence was committed the offender has committed other |
|
| | |
| | (6) | In this section any reference to a cigarette machine is a reference to an |
|
| | automatic machine for the sale of tobacco. |
|
| | |
| | (1) | If — |
|
| | (a) | a person sells on any premises any tobacco or cigarette papers in |
|
| | contravention of a restricted premises order, and |
|
| | (b) | the person knew, or ought reasonably to have known, that the |
|
| | sale was in contravention of the order, |
|
| | | the person commits an offence. |
|
| | (2) | If a person fails to comply with a restricted sale order, the person |
|
| | |
| | (3) | It is a defence for a person charged with an offence under subsection (2) |
|
| | to prove that the person took all reasonable precautions and exercised all |
|
| | due diligence to avoid the commission of the offence. |
|
| | (4) | A person guilty of an offence under this section is liable, on summary |
|
| | conviction, to a fine not exceeding £20,000. |
|
| | (5) | A restricted premises order is a local land charge and in respect of that |
|
| | charge the applicant for the order is the originating authority for the |
|
| | purposes of the Local Land Charges Act 1975. |
|
| | |
| | (1) | In sections 12A and 12B a “tobacco offence” means— |
|
| | (a) | an offence committed under section 7(1) on any premises (which |
|
| | are accordingly “the premises in relation to which the offence is |
|
| | committed”) , or |
|
| | (b) | an offence committed under section 7(2) in respect of an order |
|
| | relating to any machine kept on any premises (which are |
|
| | accordingly “the premises in relation to which the offence is |
|
| | |
| | (2) | In sections 12A to 12C the expressions “tobacco” and “cigarette” have |
|
| | the same meaning as in section 7. |
|
| | (3) | In sections 12A and 12B “notice” means notice in writing.” |
|
| | (3) | In section 102(1) (appeals to the Crown Court), after paragraph (e) insert— |
|
| | “(f) | in the case of a restricted premises order under section 12A or a |
|
| | restricted sale order under section 12B, by any person |
|
| | |
|
|
| |
| |
|
| | As Amendments to Mr David Hanson’s proposed New Clause (Persistent sales of |
|
| | tobacco to persons under 18) (NC41):— |
|
| |
| |
| |
| | |
| Line 19, leave out ‘one year’ and insert ‘3 months’. |
|
| |
| |
| |
| | |
| Line 24, leave out ‘2 years’ and insert ‘3 months’. |
|
| |
| |
| |
| | |
| Line 67, leave out ‘one year’ and insert ‘3 months’. |
|
| |
| |
| |
| | |
| Line 69, leave out ‘2 years’ and insert ‘3 months’. |
|
| |
| |
| |
| | |
| |
| | ‘(1A) | If an offence under subsection (1) has been committed, the person having |
|
| | management functions in respect of the premises on which the offence was |
|
| | committed must be notified within 14 days.’. |
|
| |
| | Requests to other member States: Northern Ireland |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A designated officer of the Northern Ireland Court Service may issue a certificate |
|
| | requesting enforcement under the Framework Decision on financial penalties |
|
| | |
| | (a) | a person is required to pay a financial penalty, |
|
| | (b) | the penalty is not paid in full within the time allowed for payment, |
|
| | (c) | there is no appeal outstanding in relation to the penalty, and |
|
|