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Criminal Justice and Immigration Bill
Part 7 — Criminal law

68

 

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,

but

15

(ii)   

which is derived from the whole or part of a photograph

or pseudo-photograph (or a combination of either or

both); and

(b)   

data stored on a computer disc or by other electronic means

which is capable of conversion into an image within paragraph

20

(a);

   

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

pseudo-photograph”.

(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,

but

(ii)   

which is derived from the whole or part of a photograph

or pseudo-photograph (or a combination of either or

both); and

40

(b)   

data stored on a computer disc or by other electronic means

which is capable of conversion into an image within paragraph

(a);

 
 

Criminal Justice and Immigration Bill
Part 7 — Criminal law

69

 

   

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”

substitute “five years”.

Sexual offences

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

(1)   

If—

(a)   

a United Kingdom national does an act in a country outside the

15

United Kingdom, and

(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

(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

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.

(3)   

If—

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

country,

35

(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,

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

act there.

 
 

Criminal Justice and Immigration Bill
Part 7 — Criminal law

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(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.

(9)   

In this section—

“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

British subject; or

25

(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.”

30

(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

35

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

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

 
 

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Part 7 — Criminal law

71

 

103     

Grooming and adoption

Schedule 20

(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.

Street offences

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

prostitution)—

(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

(c)   

”.

(4)   

Section 2 (application to court by person cautioned for loitering or soliciting)

ceases to have effect.

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

(2) insert—

“(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

at those meetings, to—

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

original order.

 
 

Criminal Justice and Immigration Bill
Part 7 — Criminal law

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(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

as he may determine.

(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

force—

(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

(4)(a),

45

 
 

Criminal Justice and Immigration Bill
Part 7 — Criminal law

73

 

   

whichever first occurs.

(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

orders) has effect.”

(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

Act 1959

(1)   

The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

(2)   

In section 5 (rehabilitation periods for particular sentences) after subsection

(4C) insert—

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

conviction,

   

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

rehabilitation period.”

Hatred on the grounds of sexual orientation

107     

Hatred on the grounds of sexual orientation

Schedule 22

(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.

 
 

 
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