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Public Bill Committee:                               

578

 

Criminal Justice and Immigration Bill, continued

 
 

(7)    

The responsible authority for each area must compile and maintain a

 

record about the decisions it makes in relation to the discharge of its

 

functions under this section.

 

(8)    

The record must include the following information—

 

(a)    

tgraphiche reasons for making a decision to disclose information under

 

this section,

 

(b)    

the reasons for making a decision not to disclose information

 

under this section, and

 

(c)    

the information which is disclosed under this section, any

 

cgraphiconditions imposed in relation to its further disclosure and the

 

name and address of the person to whom it is disclosed.

 

(9)    

Nothing in this section requires or authorises the making of a disclosure

 

which contravenes the Data Protection Act 1998.

 

(10)    

This section is not to be taken as affecting any power of any person to

 

dgraphicisclose any information about a child sex offender.

 

327B  

Section 327A: interpretation

 

(1)    

This section applies for the purposes of section 327A.

 

(2)    

“Child” means a person under 18.

 

(3)    

“Child sex offence” means an offence listed in Schedule 34A, whenever

 

cgraphicommitted.

 

(4)    

“Child sex offender” means any person who—

 

(a)    

has been convicted of such an offence,

 

(b)    

has been found not guilty of such an offence by reason of

 

insanity,

 

(c)    

hgraphicas been found to be under a disability and to have done the act

 

charged against the person in respect of such an offence, or

 

(d)    

has been cautioned in respect of such an offence.

 

(5)    

In relation to a responsible authority, references to information about the

 

relevant previous convictions of a child sex offender are references to

 

igraphicnformation about—

 

(a)    

convictions, findings and cautions mentioned in subsection

 

(4)(a) to (d) which relate to the offender, and

 

(b)    

anything under the law of any country or territory outside

 

England and Wales which in the opinion of the responsible

 

agraphicuthority corresponds to any conviction, finding or caution

 

within paragraph (a) (however described).

 

(6)    

References to harm caused by a child sex offender are references to

 

physical or psychological harm caused by the offender committing any

 

offence listed in any paragraph of Schedule 34A other than paragraphs 1

 

tographic 6 (offences under provisions repealed by Sexual Offences Act 2003).

 

(7)    

A responsible authority for any area manages a child sex offender if the

 

offender is a person who poses risks in that area which fall to be managed

 

by the authority under the arrangements established by it under section

 

325.


 
 

Public Bill Committee:                               

579

 

Criminal Justice and Immigration Bill, continued

 
 

(8)    

Forgraphic the purposes of this section the provisions of section 4 of, and

 

paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974

 

(protection for spent convictions and cautions) are to be disregarded.

 

(9)    

In this section “cautioned”, in relation to any person and any offence,

 

means—

 

(a)    

cgraphicautioned after the person has admitted the offence, or

 

(b)    

reprimanded or warned within the meaning given by section 65

 

of the Crime and Disorder Act 1998.

 

(10)    

Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003

 

(mentally disordered offenders) apply for the purposes of this section as

 

theygraphic apply for the purposes of Part 2 of that Act.”

 

(2)    

After Schedule 34 to that Act insert the Schedule 34A set out in Schedule (Section

 

327A of the Criminal Justice Act 2003: meaning of “child sex offence”) to this

 

Act.’.

 

As Amendments to Mr David Hanson’s proposed New Clause (Disclosure of

 

information about convictions etc of child sex offenders to members of the public)

 

(NC38):—

 

Mr David Heath

 

David Howarth

 

(a)

 

Line  9,  leave out from ‘(3)’ to ‘disclose’ in line 10 and insert ‘the responsible

 

authority may’.

 

Mr David Heath

 

David Howarth

 

(c)

 

Parliamentary Star    

Line  15,  leave out from ‘risk’ to end of line 16 and insert ‘of serious harm to any

 

identified person or persons, particularly a child or children’.

 

Mr David Heath

 

David Howarth

 

(d)

 

Parliamentary Star    

Line  16,  after ‘causing’, insert ‘serious’.

 

Mr David Heath

 

David Howarth

 

(e)

 

Parliamentary Star    

Line  20,  after ‘from’, insert ‘serious’.

 

Mr David Heath

 

David Howarth

 

(f)

 

Parliamentary Star    

Line  20,  at end insert ‘, and

 

(c)    

the disclosure of information would be in the best interests of promoting

 

public safety.’.

 

Mr David Heath

 

David Howarth

 

(b)

 

Line  21,  leave out ‘presumption under subsection (2)’ and insert ‘consideration


 
 

Public Bill Committee:                               

580

 

Criminal Justice and Immigration Bill, continued

 
 

under subsection (1)’.

 

Mr David Heath

 

David Howarth

 

(g)

 

Parliamentary Star    

Line  26,  at end insert—

 

‘(5)    

Nothing in subsection (4) above shall grant members of the public a right to

 

request a disclosure from the responsible authority.’.

 


 

Sexual offences prevention orders: relevant sexual offences

 

Mr David Hanson

 

NC39

 

To move the following Clause:—

 

‘(1)    

In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions

 

about sexual offences prevention orders), at the end insert—

 

“(13)    

Subsection (14) applies for the purposes of section 104 and this section

 

in their application in relation to England and Wales or Northern Ireland.

 

(14)    

In construing any reference to an offence listed in Schedule 3, any

 

condition subject to which an offence is so listed that relates—

 

(a)    

to the way in which the defendant is dealt with in respect of an

 

offence so listed or a relevant finding (as defined by section

 

132(9)), or

 

(b)    

to the age of any person,

 

    

is to be disregarded.”

 

(2)    

This section extends to England and Wales and Northern Ireland only.’.

 


 

Notification requirements: prescribed information

 

Mr David Hanson

 

NC40

 

To move the following Clause:—

 

‘(1)    

In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements:

 

initial notification)—

 

(a)    

at the end of subsection (5) insert—

 

“(h)    

any prescribed information.”; and

 

(b)    

after that subsection insert—

 

“(5A)    

In subsection (5)(h) “prescribed” means prescribed by

 

regulations made by the Secretary of State.”

 

(2)    

Section 84 of that Act (notification requirements: changes) is amended as

 

follows.


 
 

Public Bill Committee:                               

581

 

Criminal Justice and Immigration Bill, continued

 
 

(3)    

In subsection (1)—

 

(a)    

after “1997,” in paragraph (c) insert—

 

“(ca)    

any prescribed change of circumstances,”; and

 

(b)    

after “the address of those premises” insert “, the prescribed details”.

 

(4)    

In subsection (2) after “home address” insert “or the prescribed change of

 

circumstances”.

 

(5)    

After subsection (5) insert—

 

“(5A)    

In this section—

 

(a)    

“prescribed change of circumstances” means any change—

 

(i)    

occurring in relation to any matter in respect of which

 

information is required to be notified by virtue of section

 

83(5)(h), and

 

(ii)    

of a description prescribed by regulations made by the

 

Secretary of State;

 

(b)    

“the prescribed details”, in relation to a prescribed change of

 

circumstances, means such details of the change as may be so

 

prescribed.”

 

(6)    

This section extends to England and Wales and Northern Ireland only.’.

 


 

Persistent sales of tobacco to persons under 18

 

Mr David Hanson

 

NC41

 

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 graphicsection 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 graphic(“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

 

person.

 

(4)    

The prohibition applies to sales whether made—

 

(a)    

by graphicthe offender or any other person, or

 

(b)    

by means of any machine kept on the premises or any other

 

means.


 
 

Public Bill Committee:                               

582

 

Criminal Justice and Immigration Bill, continued

 
 

(5)    

The order has effect for the period specified in the order, but that period

 

may not exceed one year.

 

(6)    

The graphicapplicant must, after making reasonable enquiries, give notice of the

 

application to every person appearing to the applicant to be a person

 

affected by it.

 

(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 graphicdate on which the relevant offence was committed the

 

offender has committed other tobacco offences in relation to the

 

relevant premises, and

 

(b)    

the applicant has complied with subsection (6).

 

(8)    

Persons affected by the application may make representations to the court

 

as to why thegraphic order should not be made.

 

(9)    

If—

 

(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

 

representationsgraphic to the court as to why the order should not be

 

made,

 

    

the person may by complaint apply to the court for an order varying or

 

discharging it.

 

(10)    

On an application under subsection (9) the court may, after hearing—

 

(a)    

that graphicperson, 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 restrictedgraphic 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 graphicoffence (“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

 

relatesgraphic

 

(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 graphickeeping 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


 
 

Public Bill Committee:                               

583

 

Criminal Justice and Immigration Bill, continued

 
 

(d)    

from having any management functions in respect of any

 

premises in so far as those functions relate to any cigarette

 

machine graphickept on the premises for the purpose of selling tobacco.

 

(4)    

The order has effect for the period specified in the order, but that period

 

may not exceed one year.

 

(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 graphicrelevant offence was committed the offender has committed other

 

tobacco offences.

 

(6)    

In this section any reference to a cigarette machine is a reference to an

 

automatic machine for the sale of tobacco.

 

12C    

Enforcement

 

(1)    

Ifgraphic

 

(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 graphicperson commits an offence.

 

(2)    

If a person fails to comply with a restricted sale order, the person

 

commits an offence.

 

(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 graphicdiligence 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 graphicof the Local Land Charges Act 1975.

 

12D    

Interpretation

 

(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”)graphic, 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

 

committed”).

 

(2)    

In graphicsections 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

 

restrictedgraphic sale order under section 12B, by any person

 

aggrieved.”’.


 
 

Public Bill Committee:                               

584

 

Criminal Justice and Immigration Bill, continued

 
 

As Amendments to Mr David Hanson’s proposed New Clause (Persistent sales of

 

tobacco to persons under 18) (NC41):—

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

(a)

 

Line  19,  leave out ‘one year’ and insert ‘3 months’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

(b)

 

Line  24,  leave out ‘2 years’ and insert ‘3 months’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

(c)

 

Line  67,  leave out ‘one year’ and insert ‘3 months’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

(d)

 

Line  69,  leave out ‘2 years’ and insert ‘3 months’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

(e)

 

Line  80,  at end insert—

 

‘(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

 

Mr David Hanson

 

NC42

 

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

 

where—

 

(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


 
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