House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 29th November 2007
88

Criminal Justice and Immigration Bill, continued


the United Kingdom national is guilty in that part of the United Kingdom

of that sexual offence.

(2)
If—

(a)
a United Kingdom resident does an act in a country outside the

United Kingdom,

(b)
the act constitutes an offence under the law in force in that

country, and

(c)
the act, if done in England and Wales or Northern Ireland, would

constitute a sexual offence to which this section applies,


the United Kingdom resident is guilty in that part of the United Kingdom

of that sexual offence.

(3)
If—

(a)
a person does an act in a country outside the United Kingdom at

a time when the person was not a United Kingdom national or a

United Kingdom resident,

(b)
the act constituted an offence under the law in force in that

country,

(c)
the act, if done in England and Wales or Northern Ireland, would

have constituted a sexual offence to which this section applies,

and

(d)
the person meets the residence or nationality condition at the

relevant time,


proceedings may be brought against the person in that part of the United

Kingdom for that sexual offence as if the person had done the act there.

(4)
The person meets the residence or nationality condition at the relevant

time if the person is a United Kingdom national or a United Kingdom

resident at the time when the proceedings are brought.

(5)
An act punishable under the law in force in any country constitutes an

offence under that law for the purposes of subsections (2) and (3)

however it is described in that law.

(6)
The condition in subsection (2)(b) or (3)(b) is to be taken to be met

unless, not later than rules of court may provide, the defendant serves on

the prosecution a notice—

(a)
stating that, on the facts as alleged with respect to the act in

question, the condition is not in the defendant’s opinion met,

(b)
showing the grounds for that opinion, and

(c)
requiring the prosecution to prove that it is met.

(7)
But the court, if it thinks fit, may permit the defendant to require the

prosecution to prove that the condition is met without service of a notice

under subsection (6).

(8)
In the Crown Court the question whether the condition is met is to be

decided by the judge alone.

(9)
In this section—

“country” includes territory;

“United Kingdom national” means an individual who is—

(a)
a British citizen, a British overseas territories citizen, a British

National (Overseas) or a British Overseas citizen;

Public Bill Committee Proceedings: 29th November 2007
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Criminal Justice and Immigration Bill, continued

(b)
a person who under the British Nationality Act 1981 is a British

subject; or

(c)
a British protected person within the meaning of that Act;

“United Kingdom resident” means an individual who is resident in the

United Kingdom.

(10)
Schedule 2 lists the sexual offences to which this section applies.”

(2)
Schedule 2 to that Act (list of sexual offences to which section 72 applies) is

amended as follows.

(3)
In paragraph 1 (offences under the law of England and Wales)—

(a)
for paragraphs (a) and (b) substitute—

“(a)
an offence under any of sections 5 to 19, 25 and 26

and 47 to 50;

(b)
an offence under any of sections 1 to 4, 30 to 41 and

61 where the victim of the offence was under 18 at the

time of the offence;”;

(b)
in paragraph (c), for “16” substitute “18”; and

(c)
in paragraph (d), omit “in relation to a photograph or pseudo-photograph

showing a child under 16”.

(4)
In paragraph 2 (offences under the law of Northern Ireland)—

(a)
in sub-paragraph (1)(c)(iv), for “17” substitute “18”; and

(b)
in sub-paragraph (2), for “17” substitute “18”.’.

Sexual offences: grooming and adoption

Mr David Hanson

Added  NC36

To move the following Clause:—

‘Schedule (Sexual offences: grooming and adoption)—

(a)
amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a

child following sexual grooming etc),

(b)
amends that Act in relation to adoption, and

(c)
amends the Adoption Act 1976 (c. 36) in relation to offences under

sections 64 and 65 of the Sexual Offences Act 2003 (c. 42).’.

Review of violent offender orders in respect of young offenders

Mr David Hanson

Added  NC37

To move the following Clause:—

‘(1)
This section applies where a violent offender order has been made in respect of

an offender who was under 17 at the time when the order was made (“the young

offender”).

Public Bill Committee Proceedings: 29th November 2007
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Criminal Justice and Immigration Bill, continued

(2)
If—

(a)
the young offender will be under 18 at the end of a review period (see

subsection (2)), and

(b)
the young offender will be subject to the violent offender order at the end

of that period,


the appropriate chief officer of police must before the end of that period carry out

a review of the operation of the order.


But this subsection ceases to apply if the order is discharged under section 87

before the end of that period.

(3)
The “review periods” are—

(a)
the period of 12 months beginning with—

(i)
the day on which the order was made, or

(ii)
if one or more supplemental orders were made during that

period, the date on which the supplemental order (or the last

supplemental order) was made;

(b)
a period of 12 months beginning with—

(i)
the day after the end of the previous review period, or

(ii)
if one or more supplemental orders were made during that

period, the date on which the supplemental order (or the last

supplemental order) was made.

(4)
A review under this section must include consideration of—

(a)
the extent to which the young offender has complied with the violent

offender order;

(b)
the adequacy of any support available to the young offender to help the

young offender comply with it;

(c)
any matters relevant to the question whether an application should be

made under section 87 for the violent offender order to be varied,

renewed or discharged.

(5)
A chief officer of police carrying out a review under this section may invite any

person to participate in the review, but must have regard to any guidance issued

by the Secretary of State when considering which persons to invite.

(6)
Those carrying out or participating in a review under this section must have

regard to any guidance issued by the Secretary of State when considering—

(a)
how the review should be carried out;

(b)
what particular matters should be dealt with by the review;

(c)
which persons should be sent a copy of the findings of the review or

extracts from or a summary of those findings;

(d)
what action (if any) it would be appropriate to take in consequence of

those findings.

(7)
In this section—

“the appropriate chief officer of police” means the chief officer of police of

the police force maintained for the police area in which the young

offender resides or appears to reside;

“supplemental order”, in relation to a violent offender order, means an order

under section 87 varying or renewing the violent offender order.’.

Disclosure of information about convictions etc of child sex offenders to members of the

Public Bill Committee Proceedings: 29th November 2007
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Criminal Justice and Immigration Bill, continued

public

Mr David Hanson

Read a second time on division and added  NC38

To move the following Clause:—

‘(1)
After section 327 of the Criminal Justice Act 2003 (c. 44) insert—

“327A
  Disclosure of information about convictions etc of child sex offenders

to members of the public

(1)
The responsible authority for each area must, in the course of discharging
5
its functions under arrangements established by it under section 325,

consider whether to disclose information in its possession about the

relevant previous convictions of any child sex offender managed by it to

any particular member of the public.

(2)
In the case mentioned in subsection (3) there is a presumption that the
10
responsible authority should disclose information in its possession about

the relevant previous convictions of the offender to the particular

member of the public.

(3)
The case is where the responsible authority for the area has reasonable

cause to believe that—
15
(a)
a child sex offender managed by it poses a risk in that or any

other area of causing harm to children generally or any child, and

(b)
the disclosure of information about the relevant previous

convictions of the offender to the particular member of the public

is necessary for the purpose of protecting children generally or
20
any child from harm caused by the offender.

(4)
The presumption under subsection (2) arises—

(a)
whether or not the person to whom the information is disclosed

requests the disclosure, and

(b)
whether or not the responsible authority making the disclosure
25
has reasonable cause to believe that the risk is posed in relation

to a member of that person’s family.

(5)
Where the responsible authority makes a disclosure under this section—

(a)
it may disclose such information about the relevant previous

convictions of the offender as it considers appropriate to disclose
30
to the member of the public concerned, and

(b)
it may impose conditions for preventing the member of the

public concerned from disclosing the information to any other

person.

(6)
Any disclosure under this section must be made as soon as is reasonably
35
practicable having regard to all the circumstances.

(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—
40
(a)
the 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

Public Bill Committee Proceedings: 29th November 2007
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Criminal Justice and Immigration Bill, continued

(c)
the information which is disclosed under this section, any
45
conditions 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
50
disclose 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
55
committed.

(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,
60
(c)
has 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
65
information 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
70
authority 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
75
to 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.
80
(8)
For 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—
85
(a)
cautioned 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.

Public Bill Committee Proceedings: 29th November 2007
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Criminal Justice and Immigration Bill, continued

(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
90
they 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

Not called  (a)

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

authority may’.

Mr David Heath

David Howarth

Not called  (c)

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

Not called  (d)

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

Mr David Heath

David Howarth

Not called  (e)

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

Mr David Heath

David Howarth

Not called  (f)

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

Not called  (b)

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

under subsection (1)’.

Mr David Heath

David Howarth

Not called  (g)

Line  26,  at end insert—

Public Bill Committee Proceedings: 29th November 2007
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Criminal Justice and Immigration Bill, continued

‘(4A)
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

Added  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

Added  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.

(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”.