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| | | “55A | Data protection: additional offences |
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| | | (1) | A data controller must not— |
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| | | (a) | intentionally or recklessly disclose information contained in |
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| | | personal data to another person, |
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| | | (b) | repeatedly and negligently allow information contained in |
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| | | personal data to be disclosed, or |
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| | | (c) | intentionally or recklessly fail to comply with duties under |
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| | | (2) | Subsection (1)(a) does not apply if the data controller can show that the |
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| | | (a) | was necessary for the purpose of preventing or detecting crime, |
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| | | (b) | was required or authorised by or under any enactment, by any |
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| | | rule of law, or by the order of a court, or |
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| | | (c) | was justified in the particular circumstances as being in the |
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| | | (3) | This section shall apply whether or not the data controller is— |
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| | | (a) | a relevant authority under section 29, or |
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| | | (b) | exercising a relevant function under section 31. |
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| | | (4) | A data controller who contravenes subsection (1) is guilty of an offence.” |
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| | | (2) | In section 63 of the Data Protection Act 1998, leave out subsection (5).’. |
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| | | Inspections to assess good practice |
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| | To move the following Clause:— |
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| | | ‘(1) | In section 51(7) of the Data Protection Act 1998 (c. 29), leave out “with the |
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| | | consent of the data controller”. |
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| | | (2) | After section 51(7), insert— |
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| | | “(7A) | In assessing any processing of personal data under subsection (7), the |
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| | | Commissioner may, in the case where the data controller is a government |
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| | | department or is a person working for or on behalf of a government |
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| | | department, inspect the practice of the data controller in processing |
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| | | personal data at any time without prior notice having been given. |
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| | | (7B) | It shall be the duty of a data controller inspected by the Commissioner |
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| | | under subsection (7A) to cooperate fully with the Commissioner and to |
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| | | provide any information on working practices that he reasonably require. |
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| | | (7C) | Following an inspection under subsection (7A), the Commissioner shall |
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| | | publish a report and provide a copy to the Secretary of State, who shall |
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| | | lay it before both Houses of Parliament forthwith.”’. |
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| | | Definition of a brothel used for prostitution |
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| To move the following Clause:— |
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| | | ‘(1) | The Sexual Offences Act 1956 (c. 69) is amended as follows. |
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| | | (2) | After section 33A insert— |
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| | | “33B | Definition of a brothel used for prostitution |
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| | | (1) | Premises shall not be regarded as a brothel where— |
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| | | (a) | no more than two women with or without a maid are working |
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| | | either together or separately on any given day, and |
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| | | (b) | it is a single enterprise. |
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| | | (2) | Subsection (1) does not apply in the following situations where there is |
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| | | reasonable suspicion that— |
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| | | (a) | children are involved; |
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| | | (b) | trafficking in persons is involved; |
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| | | (c) | serious and organised crime is involved; |
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| | | (d) | known drug dealing is taking place.”’. |
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| | Page 2, line 12 [Clause 1], leave out ‘and’ and insert— |
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| | | ‘(ma) | an intoxicating substance treatment requirement (see paragraph 23A of |
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| | Page 5, line 16 [Clause 7], at end insert— |
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| | | ‘“intoxicating substance treatment requirement”, in relation to a youth |
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| | | rehabilitation order, has the meaning given by paragraph 23A of |
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| | Page 6, line 41 [Clause 9], leave out ‘by children and other’ and insert ‘(or re- |
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| | Page 7, line 44 [Clause 9], at end insert— |
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| | | ‘(5) | In section 42(1) of that Act (interpretation of Part 3 of Act), after the definition of |
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| | | “local authority” insert— |
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| | | ““offending” includes re-offending;”.’. |
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| | Page 8, line 1, leave out Clause 10. |
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| | Page 8, line 1 [Clause 10], at end insert ‘where a non-custodial sentence is more |
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| | Page 8, line 6 [Clause 10], at end insert ‘unless a non-custodial sentence has been |
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| | considered by the court, and the court is satisfied that such a sentence would not be |
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| | appropriate in all the circumstances’. |
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| | Page 8, line 16 [Clause 10], at end insert— |
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| | | ‘(1C) | Where, but for subsection (1A), a suspended sentence might have been imposed, |
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| | | the court must, except in exceptional circumstances, impose a community |
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| | Page 8, line 34 [Clause 12], after ‘below’, insert ‘if the offender is over the age of |
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| | Page 8, line 37 [Clause 12], after ‘where’ insert ‘the offender was aged 18 or over |
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| | when he committed the offence and’. |
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| | Page 10, line 39 [Clause 16], at end insert— |
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| | | ‘(c) | after subsection (7) insert— |
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| | | “(8) | A non-dangerous offender may be recalled to prison only if the |
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| | | supervising officer is of the view, following appropriate |
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| | | consultation, that there is no alternative.”.’. |
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| | Page 11, line 21 [Clause 16], after ‘is’ insert ‘eligible to be considered for |
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| | automatic release and is’. |
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| | Page 11, line 27 [Clause 16], at end insert ‘or if he is not eligible to be considered |
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| | for automatic release by virtue of subsection (2)(b)’. |
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| | Page 12, line 35 [Clause 16], after ‘prisoner’ insert— |
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| | | ‘( ) | is not eligible to be considered for automatic release by virtue of section |
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| | Page 14, line 15 [Clause 17], at end insert— |
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| | | ‘( ) | The Secretary of State— |
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| | | (a) | where the Board makes a recommendation under subsection (4)(a) for the |
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| | | person’s immediate release on licence, must give effect to the |
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| | | (b) | where the Board fixes a release date under subsection (4)(b), must release |
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| | | the person on licence on that date.’. |
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| | Page 15, line 25 [Clause 19], leave out subsection (8). |
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| | Page 16, line 3 [Clause 20], after ‘removal)’ insert ‘— |
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| | | (c) | for “subsections (2) and (3)” substitute “subsection (2)”,’. |
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| | Page 16, line 5 [Clause 20], leave out subsection (5) and insert— |
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| | | ‘(5) | For subsection (2) (conditions relating to time) substitute— |
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| | | “(2) | Subsection (1) does not apply in relation to a prisoner unless he has |
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| | | served at least one-half of the requisite custodial period.” |
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| | | (5A) | Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to |
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| | Page 16, line 16 [Clause 20], at end insert— |
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| | | ‘(6A) | In subsection (6) (order-making powers)— |
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| | | (a) | in paragraph (a) omit “or (3)(e)”, |
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| | | (b) | omit paragraph (b), and |
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| | | (c) | in paragraph (c) for “subsection (2)(b)(ii)” substitute “subsection (2)”.’. |
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| | Page 17, line 10 [Clause 21], leave out from ‘occasion’ to end of line 11 and insert |
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| | | (iii) | has previously been referred to a youth offender panel under |
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| | | section 16 above and a further referral has been recommended |
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| | | (a) | a member of a youth offending team, |
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| | | (b) | an officer of a local probation team, or |
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| | | (c) | a social worker of a local authority.’. |
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| | Page 20, line 19, leave out Clause 26. |
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| | Page 20, line 25 [Clause 26], at end insert ‘and they have a certificate from the trial |
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| | judge confirming that the evidence heard by him and the jury was sufficient to prove the |
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| | prosecution case and that he had admitted and the jury had considered, and been directed |
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| | by him in relation to, the relevance of any evidence of the procedural or other |
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| | Page 21 [Clause 26], leave out line 25 and insert ‘may, as the Court think fit in the |
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| | interests of justice in that case, either direct that there be a retrial or that the appellant be |
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| | Page 21, line 25 [Clause 26], at end insert ‘, who must initiate or not initiate such |
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| | criminal or civil proceedings (or both) as he thinks best suit the justice of the case (taking |
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| | into account the impact on the victim of the offence or his family of his decision either to |
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| | proceed or not) and which decision either to proceed or not will provide the most suitable |
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| | redress to the subject of such misconduct, deter any such misconduct in the future and |
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| | restore public confidence in the criminal justice system.”’. |
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| | Page 21, line 26, leave out Clause 27. |
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| | Page 26, line 10 [Clause 36], leave out ‘matters giving rise to the substance of’ and |
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| | insert ‘events giving rise to’. |
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| | Page 26, line 26 [Clause 36], leave out ‘matters’ and insert ‘events’. |
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| | Page 27, line 18 [Clause 37], leave out from ‘Where’ to end of line 20 and insert |
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| | | (a) | rejects the whole or any part of the complaint, or |
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| | | (b) | declines to take or stops taking action to deal with the whole or any part |
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| | Page 27, line 29 [Clause 37], leave out ‘take any step mentioned in’ and insert |
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| | ‘exercise a power under’. |
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| | Page 29, line 6 [Clause 40], after ‘conducted’ insert ‘in the United Kingdom’. |
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| | Page 29, line 8 [Clause 40], at end insert— |
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| | | ‘( ) | The Commissioner shall defer the whole or any part of the investigation at the |
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| | | request of the Lord Advocate. |
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| | | ( ) | Such a request may be made if the Lord Advocate considers that the whole or any |
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| | | part of the investigation might adversely affect a criminal investigation, or an |
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