|
| |
|
98 | Special rules relating to providers of information society services |
| |
Schedule 19 makes special provision in connection with the operation of |
| |
section 94 in relation to persons providing information society services within |
| |
the meaning of that Schedule. |
| |
99 | Indecent photographs of children |
| 5 |
(1) | The Protection of Children Act 1978 (c. 37) is amended as follows. |
| |
(2) | In section 1B(1)(b) (exception for members of the Security Service)— |
| |
(a) | after “Security Service” insert “or the Secret Intelligence Service”; |
| |
(b) | for “the Service” substitute “that Service”. |
| |
(3) | After section 7(4) (meaning of photograph), insert— |
| 10 |
“(4A) | References to a photograph also include— |
| |
(a) | a tracing or other image, whether made by electronic or other |
| |
means (of whatever nature)— |
| |
(i) | which is not itself a photograph or pseudo-photograph, |
| |
| 15 |
(ii) | which is derived from the whole or part of a photograph |
| |
or pseudo-photograph (or a combination of either or |
| |
| |
(b) | data stored on a computer disc or by other electronic means |
| |
which is capable of conversion into an image within paragraph |
| 20 |
| |
| and subsection (8) applies in relation to such an image as it applies in |
| |
relation to a pseudo-photograph.” |
| |
(4) | In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo- |
| |
photograph” substitute “an indecent pseudo-photograph”. |
| 25 |
100 | Indecent photographs of children (Northern Ireland) |
| |
(1) | The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 |
| |
(N.I. 17)) is amended as follows. |
| |
(2) | In article 2(2) (interpretation) in paragraph (b) of the definition of “indecent |
| |
pseudo-photograph”, for “a pseudo-photograph” substitute “an indecent |
| 30 |
| |
(3) | After article 2(2) insert— |
| |
“(2A) | In this Order, references to a photograph also include— |
| |
(a) | a tracing or other image, whether made by electronic or other |
| |
means (of whatever nature)— |
| 35 |
(i) | which is not itself a photograph or pseudo-photograph, |
| |
| |
(ii) | which is derived from the whole or part of a photograph |
| |
or pseudo-photograph (or a combination of either or |
| |
| 40 |
(b) | data stored on a computer disc or by other electronic means |
| |
which is capable of conversion into an image within paragraph |
| |
| |
|
| |
|
| |
|
| and paragraph (3)(c) applies in relation to such an image as it applies in |
| |
relation to a pseudo-photograph.” |
| |
(4) | In article 3A(1)(b) (exception for members of the Security Service)— |
| |
(a) | after “Security Service” insert “or the Secret Intelligence Service”; |
| |
(b) | for “the Service” substitute “that Service”. |
| 5 |
101 | Maximum penalty for publication etc. of obscene articles |
| |
In section 2(1)(b) of the Obscene Publications Act 1959 (c. 66) (maximum |
| |
penalty on indictment for publication etc. of obscene articles) for “three years” |
| |
| |
| 10 |
102 | Offences committed outside the United Kingdom |
| |
(1) | For section 72 of the Sexual Offences Act 2003 (c. 42) substitute— |
| |
“72 | Offences outside the United Kingdom |
| |
| |
(a) | a United Kingdom national does an act in a country outside the |
| 15 |
| |
(b) | the act, if done in England and Wales or Northern Ireland, |
| |
would constitute a sexual offence to which this section applies, |
| |
| the United Kingdom national is guilty in that part of the United |
| |
Kingdom of that sexual offence. |
| 20 |
| |
(a) | a United Kingdom resident does an act in a country outside the |
| |
| |
(b) | the act constitutes an offence under the law in force in that |
| |
| 25 |
(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. |
| |
| 30 |
(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 |
| |
| 35 |
(c) | the act, if done in England and Wales or Northern Ireland, |
| |
would have constituted a sexual offence to which this section |
| |
| |
(d) | the person meets the residence or nationality condition at the |
| |
| 40 |
| 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 |
| |
| |
|
| |
|
| |
|
(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) |
| 5 |
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 |
| 10 |
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 |
| 15 |
notice under subsection (6). |
| |
(8) | In the Crown Court the question whether the condition is met is to be |
| |
decided by the judge alone. |
| |
| |
“country” includes territory; |
| 20 |
“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; |
| |
(b) | a person who under the British Nationality Act 1981 is a |
| |
| 25 |
(c) | a British protected person within the meaning of that |
| |
| |
“United Kingdom resident” means an individual who is resident |
| |
| |
(10) | Schedule 2 lists the sexual offences to which this section applies.” |
| 30 |
(2) | Schedule 2 to that Act (list of sexual offences to which section 72 applies) is |
| |
| |
(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 |
| 35 |
| |
(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 |
| |
| |
(b) | in paragraph (c), for “16” substitute “18”; and |
| 40 |
(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”. |
| 45 |
|
| |
|
| |
|
103 | 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 |
| 5 |
(c) | amends the Adoption Act 1976 (c. 36) in relation to offences under |
| |
sections 64 and 65 of the Sexual Offences Act 2003. |
| |
| |
104 | Amendment to offence of loitering etc. for purposes of prostitution |
| |
(1) | The Street Offences Act 1959 (c. 57) is amended as follows. |
| 10 |
(2) | In subsection (1) of section 1 (loitering or soliciting for purposes of |
| |
| |
(a) | for “common prostitute” substitute “person”; and |
| |
(b) | after “female)” insert “persistently”. |
| |
(3) | In subsection (4) of that section, after “section” insert “— |
| 15 |
(a) | conduct is persistent if it takes place on two or more occasions |
| |
in any period of three months; |
| |
(b) | any reference to a person loitering or soliciting for the purposes |
| |
of prostitution is a reference to a person loitering or soliciting |
| |
for the purposes of offering services as a prostitute; |
| 20 |
| |
(4) | Section 2 (application to court by person cautioned for loitering or soliciting) |
| |
| |
105 | Orders to promote rehabilitation |
| |
(1) | The Street Offences Act 1959 is amended as follows. |
| 25 |
(2) | In section 1 (loitering or soliciting for purposes of prostitution) after subsection |
| |
| |
“(2A) | The court may deal with a person convicted of an offence under this |
| |
section by making an order under this subsection requiring the |
| |
offender to attend three meetings with the person for the time being |
| 30 |
specified in the order (“the supervisor”) or with such other person as |
| |
the supervisor may direct. |
| |
(2B) | The purpose of an order under subsection (2A) is to promote the |
| |
offender’s rehabilitation by assisting the offender, through attendance |
| |
| 35 |
(a) | address the causes of the conduct constituting the offence; and |
| |
(b) | find ways to cease engaging in such conduct in the future. |
| |
(2C) | Where the court is dealing with an offender who is already subject to |
| |
an order under subsection (2A) (“the original order”), the court may not |
| |
make a further order under that subsection unless it first revokes the |
| 40 |
| |
|
| |
|
| |
|
(2D) | If the court makes an order under subsection (2A) it may not impose |
| |
any other penalty in respect of the offence.” |
| |
(3) | After section 1 insert— |
| |
“1A | Orders under section 1(2A): supplementary |
| |
(1) | This section applies where a court proposes to make an order under |
| 5 |
subsection (2A) of section 1 in relation to a person convicted of an |
| |
offence under that section (“the offender”). |
| |
(2) | The order may not be made unless a suitable person has agreed to act |
| |
as supervisor in relation to the offender. |
| |
(3) | In subsection (2) “suitable person” means a person appearing to the |
| 10 |
court to have appropriate qualifications or experience for helping the |
| |
offender to make the best use of the meetings for the purpose |
| |
mentioned in section 1(2B). |
| |
(4) | The order must specify— |
| |
(a) | a date (not more than six months after the date of the order) by |
| 15 |
which the meetings required by the order must take place; |
| |
(b) | the local justice area in which the offender resides or will reside |
| |
while the order is in force. |
| |
(5) | The meetings required by the order shall take place at such times and |
| |
places as the supervisor may determine and shall be of such duration |
| 20 |
| |
(6) | It is the duty of the supervisor— |
| |
(a) | to make any arrangements that are necessary to enable the |
| |
meetings required by the order to take place; and |
| |
(b) | once the order has been complied with, to notify the court |
| 25 |
which made the order of that fact. |
| |
(7) | The court making the order must forthwith provide copies of it to the |
| |
offender and the supervisor. |
| |
(8) | Subsection (9) applies where— |
| |
(a) | the order is made by the Crown Court, or |
| 30 |
(b) | the order is made by a magistrates’ court but specifies a local |
| |
justice area for which the court making the order does not act. |
| |
(9) | The court must provide to a magistrates’ court acting for the local |
| |
justice area specified in the order— |
| |
(a) | a copy of the order, and |
| 35 |
(b) | any documents and information relating to the case that it |
| |
considers likely to be of assistance to that court in the exercise of |
| |
any functions in relation to the order. |
| |
(10) | An order under section 1(2A) (other than an order that is revoked |
| |
under section 1(2C) or under the Schedule to this Act) ceases to be in |
| 40 |
| |
(a) | at the end of the day on which the supervisor notifies the court |
| |
that the order has been complied with, or |
| |
(b) | at the end of the day specified in the order under subsection |
| |
| 45 |
|
| |
|
| |
|
| |
(11) | The Schedule to this Act (which relates to failure to comply with orders |
| |
under section 1(2A) and to the revocation or amendment of such |
| |
| |
(4) | At the end of the Act insert the Schedule set out in Schedule 21 to this Act. |
| 5 |
106 | Rehabilitation of offenders: orders under section 1(2A) of the Street Offences |
| |
| |
(1) | The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows. |
| |
(2) | In section 5 (rehabilitation periods for particular sentences) after subsection |
| |
| 10 |
“(4D) | The rehabilitation period applicable to an order under section 1(2A) of |
| |
the Street Offences Act 1959 shall be six months from the date of |
| |
conviction for the offence in respect of which the order is made.” |
| |
(3) | In section 6 of that Act (the rehabilitation period applicable to a conviction) |
| |
after subsection (3) insert— |
| 15 |
“(3A) | Without prejudice to subsection (2), where— |
| |
(a) | an order is made under section 1(2A) of the Street Offences Act |
| |
1959 in respect of a conviction, |
| |
(b) | after the end of the rehabilitation period applicable to the |
| |
conviction the offender is dealt with again for the offence for |
| 20 |
which that order was made, and |
| |
(c) | the rehabilitation period applicable to the conviction in |
| |
accordance with subsection (2) (taking into account any |
| |
sentence imposed when so dealing with the offender) ends later |
| |
than the rehabilitation period previously applicable to the |
| 25 |
| |
| the offender shall be treated for the purposes of this Act as not having |
| |
become a rehabilitated person in respect of that conviction, and that |
| |
conviction shall for those purposes be treated as not having become |
| |
spent, in relation to any period falling before the end of the new |
| 30 |
| |
Hatred on the grounds of sexual orientation |
| |
107 | Hatred on the grounds of sexual orientation |
| |
| |
(a) | amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against |
| 35 |
persons on religious grounds) to make provision about hatred against |
| |
a group of persons defined by reference to sexual orientation, and |
| |
(b) | makes minor amendments of that Part. |
| |
|
| |
|