|
|
| |
| |
|
| | (7) | In the Criminal Justice Act 2003, omit sections 226 and 228.’. |
|
| |
| | Pre-sentence reports and other requirements for persons under the age of 18 |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | At the end of section 156 of the Criminal Justice Act 2003 (c. 44) (procedural |
|
| | requirements for imposing community sentences and discretionary custodial |
|
| | sentences: pre-sentence reports and other requirements) insert— |
|
| | “(9) | All provisions of this section are subject to the requirements of section |
|
| | 156A below in relation to offenders aged under 18.”. |
|
| | (2) | After section 156 insert— |
|
| | “156A | Pre-sentence reports and other requirements for persons aged under |
|
| | 18 before a custodial sentence may be imposed |
|
| | (1) | A court shall not pass a sentence of custody on a person under the age of |
|
| | 18 unless it has obtained and considered a pre-sentence report which |
|
| | includes information from the relevant local authority stating— |
|
| | (a) | the circumstances relating to the offender and the offence or |
|
| | offences of which the offender has been convicted, |
|
| | (b) | whether the offender appears to be a child in need as set out in |
|
| | section 17 of the Children Act 1989, and if so details of the |
|
| | offender’s needs as assessed by the local authority, and |
|
| | (c) | the services the local authority has provided to meet the needs of |
|
| | the child or young person. |
|
| | (2) | The court may require the attendance at court of a senior offical of the |
|
| | relevant local authority or any other local authority in order to determine |
|
| | what further services may be provided which may prevent or avoid the |
|
| | need for a custodial sentence. |
|
| | (3) | The court may not pass a custodial sentence unless it is satisfied— |
|
| | (a) | if the offender is a child in need, that services have been provided |
|
| | by the local authority which were appropriate or sufficient to |
|
| | meet the child’s needs, and |
|
| | (b) | that the provision of further, or any, services by the local |
|
| | authority would not prevent or avoid the need for a custodial |
|
| | |
| | | unless a custodial sentence is necessary to protect the public from an |
|
| | imminent and demonstrable risk of serious physical or mental harm. |
|
| | (4) | Each local authority must submit an annual report to the Secretary of |
|
| | State and the Lord Chancellor setting out the numbers and circumstances |
|
| | of all the children who have been sentenced to custody from that local |
|
| | |
| | (5) | For the purposes of this section “relevant local authority” means the local |
|
| | authority in which the offender was habitually resident at the time of |
|
|
|
| |
| |
|
| | committing the offence or offences in relation to which sentencing is |
|
| | being considered by the court. In the event that the offender is no longer |
|
| | resident in that locla authority area at the time of sentencing, or if there is |
|
| | any doubt as to the relevant local authority, the court may of its own |
|
| | volition or upon the request of any party determine which is the relevant |
|
| | |
| |
| | Appeals against designation |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A designated person may appeal against his designation. |
|
| | (2) | The Secretary of State must make regulations about appeals under this section. |
|
| | (3) | Regulations under this section are to be made by statutory instrument and are |
|
| | subject to amendment in pursuance of a resolution of either House of |
|
| | |
| |
| |
| |
| | |
| To move the following Schedule:— |
|
| | ‘Special rules relating to providers of information society services |
|
| | Domestic service providers: extension of liability |
|
| | 1 (1) | This paragraph applies where a service provider is established in England and |
|
| | Wales or Northern Ireland (a “domestic service provider”). |
|
| | (2) | Section 64(1) applies to a domestic service provider who— |
|
| | (a) | is in possession of an extreme pornographic image in an EEA state |
|
| | other than the United Kingdom, and |
|
| | (b) | is in possession of it there in the course of providing information |
|
| | |
| | | as well as to persons (of any description) who are in possession of such images |
|
| | in England and Wales or Northern Ireland. |
|
| | (3) | In the case of an offence under section 64, as it applies to a domestic service |
|
| | provider by virtue of sub-paragraph (2)— |
|
| | (a) | proceedings for the offence may be taken at any place in England and |
|
| | Wales or Northern Ireland, and |
|
| | (b) | the offence may for all incidental purposes be treated as having been |
|
| | committed at any such place. |
|
| | (4) | Nothing in this paragraph is to be read as affecting the operation of any of |
|
| | |
|
|
| |
| |
|
| | Non-UK service providers: restriction on institution of proceedings |
|
| | 2 (1) | This paragraph applies where a service provider is established in an EEA state |
|
| | other than the United Kingdom (a “non-UK service provider”). |
|
| | (2) | Proceedings for an offence under section 64 may not be instituted against a |
|
| | non-UK service provider in respect of anything done in the course of the |
|
| | provision of information society services unless the derogation condition is |
|
| | |
| | (3) | The derogation condition is satisfied where the institution of proceedings— |
|
| | (a) | is necessary for the purposes of the public interest objective; |
|
| | (b) | relates to an information society service that prejudices that objective |
|
| | or presents a serious and grave risk of prejudice to that objective; and |
|
| | (c) | is proportionate to that objective. |
|
| | (4) | “The public interest objective” means the pursuit of public policy. |
|
| | Exceptions for mere conduits |
|
| | 3 (1) | A service provider is not capable of being guilty of an offence under section |
|
| | 64 in respect of anything done in the course of providing so much of an |
|
| | information society service as consists in— |
|
| | (a) | the provision of access to a communication network, or |
|
| | (b) | the transmission in a communication network of information provided |
|
| | by a recipient of the service, |
|
| | | if the condition in sub-paragraph (2) is satisfied. |
|
| | (2) | The condition is that the service provider does not— |
|
| | (a) | initiate the transmission, |
|
| | (b) | select the recipient of the transmission, or |
|
| | (c) | select or modify the information contained in the transmission. |
|
| | (3) | For the purposes of sub-paragraph (1)— |
|
| | (a) | the provision of access to a communication network, and |
|
| | (b) | the transmission of information in a communication network, |
|
| | | includes the automatic, intermediate and transient storage of the information |
|
| | transmitted so far as the storage is solely for the purpose of carrying out the |
|
| | transmission in the network. |
|
| | (4) | Sub-paragraph (3) does not apply if the information is stored for longer than is |
|
| | reasonably necessary for the transmission. |
|
| | |
| | 4 (1) | This paragraph applies where an information society service consists in the |
|
| | transmission in a communication network of information provided by a |
|
| | recipient of the service. |
|
| | (2) | The service provider is not capable of being guilty of an offence under section |
|
| | 64 in respect of the automatic, intermediate and temporary storage of |
|
| | information so provided, if— |
|
| | (a) | the storage of the information is solely for the purpose of making more |
|
| | efficient the onward transmission of the information to other recipients |
|
| | of the service at their request, and |
|
| | (b) | the condition in sub-paragraph (3) is satisfied. |
|
| | (3) | The condition is that the service provider— |
|
| | (a) | does not modify the information, |
|
|
|
| |
| |
|
| | (b) | complies with any conditions attached to having access to the |
|
| | |
| | (c) | (where sub-paragraph (4) applies) expeditiously removes the |
|
| | information or disables access to it. |
|
| | (4) | This sub-paragraph applies if the service provider obtains actual knowledge |
|
| | |
| | (a) | the information at the initial source of the transmission has been |
|
| | removed from the network, |
|
| | (b) | access to it has been disabled, or |
|
| | (c) | a court or administrative authority has ordered the removal from the |
|
| | network of, or the disablement of access to, the information. |
|
| | |
| | 5 (1) | A service provider is not capable of being guilty of an offence under section |
|
| | 64 in respect of anything done in the course of providing so much of an |
|
| | information society service as consists in the storage of information provided |
|
| | by a recipient of the service, if— |
|
| | (a) | the service provider had no actual knowledge when the information |
|
| | was provided that it contained offending material, or |
|
| | (b) | on obtaining actual knowledge that the information contained |
|
| | offending material, the service provider expeditiously removed the |
|
| | information or disabled access to it. |
|
| | (2) | “Offending material” means material the possession of which constitutes an |
|
| | offence under section 64. |
|
| | (3) | Sub-paragraph (1) does not apply if the recipient of the service is acting under |
|
| | the authority or control of the service provider. |
|
| | |
| | 6 (1) | This paragraph applies for the purposes of this Schedule. |
|
| | (2) | “Extreme pornographic image” has the same meaning as in section 64. |
|
| | (3) | “Information society services”— |
|
| | (a) | has the meaning given in Article 2(a) of the E-Commerce Directive |
|
| | (which refers to Article 1(2) of Directive 98/34/EC of the European |
|
| | Parliament and of the Council of 22 June 1998 laying down a |
|
| | procedure for the provision of information in the field of technical |
|
| | standards and regulations), and |
|
| | (b) | is summarised in recital 17 of the E-Commerce Directive as covering |
|
| | “any service normally provided for remuneration, at a distance, by |
|
| | means of electronic equipment for the processing (including digital |
|
| | compression) and storage of data, and at the individual request of a |
|
| | |
| | | and “the E-Commerce Directive” means Directive 2000/31/EC of the |
|
| | European Parliament and of the Council of 8 June 2000 on certain legal aspects |
|
| | of information society services, in particular electronic commerce, in the |
|
| | Internal Market (Directive on electronic commerce). |
|
| | (4) | “Recipient”, in relation to a service, means any person who, for professional |
|
| | ends or otherwise, uses an information society service, in particular for the |
|
| | purposes of seeking information or making it accessible. |
|
| | (5) | “Service provider” means a person providing an information society service. |
|
| | (6) | For the purpose of construing references in this Schedule to a service provider |
|
| | who is established in a part of the United Kingdom or in some other EEA |
|
| | |
|
|
| |
| |
|
| | (a) | a service provider is established in a particular part of the United |
|
| | Kingdom, or in a particular EEA state, if the service provider— |
|
| | (i) | effectively pursues an economic activity using a fixed |
|
| | establishment in that part of the United Kingdom, or that EEA |
|
| | state, for an indefinite period, and |
|
| | (ii) | is a national of an EEA state or a company or firm mentioned |
|
| | in Article 48 of the EEC Treaty; |
|
| | (b) | the presence or use in a particular place of equipment or other |
|
| | technical means of providing an information society service does not, |
|
| | of itself, constitute the establishment of a service provider; |
|
| | (c) | where it cannot be determined from which of a number of |
|
| | establishments a given information society service is provided, that |
|
| | service is to be regarded as provided from the establishment at the |
|
| | centre of the service provider’s activities relating to that service.’. |
|
| |
| |
| | |
| To move the following Schedule:— |
|
| | ‘Hatred on the grounds of sexual orientation |
|
| | 1 | Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on |
|
| | religious grounds) has effect subject to the following amendments. |
|
| | 2 | In the heading for Part 3A at the end insert “or grounds of sexual |
|
| | orientation” . |
|
| | 3 | In the italic cross-heading before section 29A at the end insert “and “hatred on |
|
| | the grounds of sexual orientation””. |
|
| | 4 | After that section insert— |
|
| | “29AB | Meaning of “hatred on the grounds of sexual orientation” |
|
| | In this Part “hatred on the grounds of sexual orientation” means hatred |
|
| | against a group of persons defined by reference to sexual orientation |
|
| | (whether towards persons of the same sex, the opposite sex or both).” |
|
| | 5 | In the italic cross-heading before section 29B at the end insert “or hatred on |
|
| | the grounds of sexual orientation”. |
|
| | 6 (1) | Section 29B (use of words or behaviour or display of written material) is |
|
| | |
| | (2) | In subsection (1), after “religious hatred” insert “or hatred on the grounds of |
|
| | |
| | |
| | 7 | In section 29C(1) (publishing or distributing written material), after “religious |
|
| | hatred” insert “or hatred on the grounds of sexual orientation”. |
|
| | 8 | In section 29D(1) (public performance of play), after “religious hatred” insert |
|
| | “or hatred on the grounds of sexual orientation”. |
|
| | 9 | In section 29E(1) (distributing, showing or playing a recording), after |
|
| | “religious hatred” insert “or hatred on the grounds of sexual orientation”. |
|
| | 10 | In section 29F(1) (broadcasting or including programme in programme |
|
| | service), after “religious hatred” insert “or hatred on the grounds of sexual |
|
| | |
|
|
| |
| |
|
| | 11 | In section 29G(1) (possession of inflammatory material), for “religious hatred |
|
| | to be stir red up thereby” substitute “thereby to stir up religious hatred or hatred |
|
| | on the grounds of sexual orientation”. |
|
| | 12 (1) | Section 29H (powers of entry and search) is amended as follows. |
|
| | (2) | In subsection (1), omit “in England and Wales”. |
|
| | |
| | 13 (1) | Section 29I (power to order forfeiture) is amended as follows. |
|
| | |
| | (a) | in paragraph (a), omit “in the case of an order made in proceedings in |
|
| | |
| | |
| | (3) | Omit subsection (4). |
|
| | 14 | In section 29K(1) (savings for reports of parliamentary or judicial |
|
| | proceedings), for “or in the Scottish Parliament” substitute “, in the Scottish |
|
| | Parliament or in the National Assembly for Wales”. |
|
| | 15 (1) | Section 29L (procedure and punishment) is amended as follows. |
|
| | (2) | In subsections (1) and (2), omit “in England and Wales”. |
|
| | (3) | In subsection (3), in paragraph (b), for “six months” substitute “12 months”. |
|
| | (4) | After that subsection insert— |
|
| | “(4) | In subsection (3)(b) the reference to 12 months shall be read as a |
|
| | reference to 6 months in relation to an offence committed before the |
|
| | commencement of section 154(1) of the Criminal Justice Act 2003.” |
|
| | 16 | In section 29N (interpretation), after the definition of “dwelling” insert— |
|
| | ““hatred on the grounds of sexual orientation” has the meaning given by |
|
| | |
| | As Amendments to Mr David Hanson’s proposed New Schedule (Hatred on the |
|
| | grounds of sexual orientation) (NS2):— |
|
| |
| |
| | |
| |
| | ‘(2A) | After subsection (1) insert— |
|
| | “(1A) | An action under subsection (1) may include any action intended to equate |
|
| | sexual orientation with a propensity or intention to commit an |
|
| | |
| |
| |
| | |
| |
| | ‘(13A) | After section 29I insert— |
|
|
|
| |
| |
|
| | “29IA | European Convention on Human Rights |
|
| | Unless expressly limited by any provision within this Part, no right under |
|
| | Article 10 of the European Convention on Human Rights shall be |
|
| | |
| |
| |
| | |
| To move the following Schedule:— |
|
| | ‘Sexual offences: grooming and adoption |
|
| | Meeting a child following sexual grooming |
|
| | 1 | In section 15(1) of the Sexual Offences Act 2003 (c. 42) (meeting a child |
|
| | following sexual grooming etc) for paragraphs (a) and (b) substitute— |
|
| | “(a) | A has met or communicated with another person (B) on at |
|
| | least two occasions and subsequently— |
|
| | (i) | A intentionally meets B, |
|
| | (ii) | A travels with the intention of meeting B in any part |
|
| | of the world or arranges to meet B in any part of the |
|
| | |
| | (iii) | B travels with the intention of meeting A in any part |
|
| | |
| | (b) | A intends to do anything to or in respect of B, during or after |
|
| | the meeting mentioned in paragraph (a)(i) to (iii) and in any |
|
| | part of the world, which if done will involve the commission |
|
| | by A of a relevant offence,”. |
|
| | |
| | 2 | The Sexual Offences Act 2003 (c. 42) has effect subject to the following |
|
| | |
| | 3 | In section 27(1)(b) (family relationships) after “but for” insert “section 39 of |
|
| | the Adoption Act 1976 or”. |
|
| | 4 | In section 29(1)(b) (sections 25 and 26: sexual relationships which pre-date |
|
| | family relationships) after “if” insert “section 39 of the Adoption Act 1976 or”. |
|
| | 5 (1) | Section 64 (sex with an adult relative: penetration) is amended as follows. |
|
| | (2) | In subsection (1) after “(A)” insert “(subject to subsection (3A))”. |
|
| | (3) | In subsection (3) after “In subsection (2)—” insert— |
|
| | “(za) | “parent” includes an adoptive parent; |
|
| | (zb) | “child” includes an adopted person within the meaning of |
|
| | Chapter 4 of Part 1 of the Adoption and Children Act 2002;”. |
|
| | (4) | After that subsection insert— |
|
| | “(3A) | Where subsection (1) applies in a case where A is related to B as B’s |
|
| | child by virtue of subsection (3)(zb), A does not commit an offence |
|
| | under this section unless A is 18 or over.” |
|
| | (5) | After subsection (5) insert— |
|
| | |
|