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203 | Page 153, line 4, at end insert “, or |
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| (c) | an officer of a provider of probation services.” |
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204 | Page 154, line 16, after “board” insert— |
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| “(ba) | an officer of a provider of probation services,” |
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205 | Page 158, line 28, leave out from “team” to “, and” in line 29 and insert “, an officer |
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| of a local probation board or an officer of a provider of probation services” |
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206 | Page 160, line 4, leave out from “team” to “, and” in line 5 and insert “, an officer of |
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| a local probation board or an officer of a provider of probation services” |
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207 | Page 163, line 27, at end insert— |
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| “( ) | In sub-paragraph (2)— |
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| (a) | the references to a detention and training order include an order |
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| made under section 211 of the Armed Forces Act 2006 (c. 52) |
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| (detention and training orders made by service courts); and |
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| (b) | the reference to section 103(1)(a) of the Powers of Criminal |
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| Courts (Sentencing) Act 2000 (c. 6) includes that provision as |
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| applied by section 213(1) of the Armed Forces Act 2006 (c. 52).” |
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208 | Page 164, line 38, leave out “12” and insert “6” |
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209 | Page 165, line 7, leave out “or” |
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210 | Page 165, line 8, at end insert “or to an officer of a provider of probation services” |
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211 | Page 165, line 22, at end insert “or (as the case may be) a provider of probation |
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| services operating in that area” |
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212 | Page 169, line 12, at end insert— |
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| “(1A) | But sub-paragraph (1) does not apply if the responsible officer is of the |
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| opinion that there are exceptional circumstances which justify not |
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| causing an information to be so laid.” |
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213 | Page 169, line 17, at end insert “(in a case not within sub-paragraph (1A))” |
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214 | Page 170, line 17, leave out from “ways” to end of line 18 |
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215 | Page 172, line 34, leave out from “ways” to end of line 35 |
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216 | Page 174, line 20, leave out “either” and insert “any” |
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217 | Page 174, line 23, at end insert— |
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| “(c) | an intoxicating substance treatment requirement.” |
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218 | Page 183, line 26, after “area” insert “or (as the case may be) to a provider of |
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| probation services operating in that area” |
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219 | Page 196, line 15, after “2000” insert “or (as the case may be) a provider of probation |
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| services operating in that area” |
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220 | Page 196, line 21, leave out from “appoint” to “who” in line 22 and insert “a person” |
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221 | Page 196, line 25, at end insert— |
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|
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| |
| | |
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| “(5) | The person appointed under sub-paragraph (4)(b) must be— |
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| (a) | where the appointment is made by a local probation board, an |
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| |
| (b) | where the appointment is made by a provider of probation |
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| services, an officer of that provider; |
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| (c) | where the appointment is made by a youth offending team, a |
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| |
222 | Page 199, line 39, after “reside” insert “or (as the case may be) a provider of |
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| probation services operating in the local justice area in which he resides or will |
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| |
223 | Page 200, line 2, after “force” insert “or (as the case may be) an officer of a provider |
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| of probation services acting in the local justice area in which the offender resides |
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| or will then be residing” |
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224 | Page 200, line 39, leave out paragraph (b) and insert— |
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| “(b) | for “(2) above” substitute “(2) or (2A) (as the case may be)”, and |
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| (c) | in paragraph (b) for the words from “of the” to “board” substitute |
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| |
| |
| (ii) | the officer of a local probation board, |
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| officer of a provider of probation |
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| services or member of a youth |
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| offending team (as the case may be),”.” |
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225 | Page 202, line 44, leave out from “(3)(b)” to “conferred” and insert “— |
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| “(a) | after “the board” insert “or (as the case may be) require a |
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| provider of probation services to appoint an officer of the |
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| |
| (b) | after “the order” insert “— |
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| |
| (c) | at the end insert “; or |
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| |
226 | Page 202, line 47, at end insert— |
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| |
227 | Page 207, line 30, leave out “(A1),” |
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228 | Page 208, line 24, at end insert— |
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| “77A | In section 161 (pre-sentence drug testing)— |
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| (a) | in subsection (1), omit “aged 14 or over”, and |
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| (b) | omit subsection (7).” |
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229 | Page 208, leave out line 34 and insert— |
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| “79(1) | Section 174 (duty to give reasons for, and explain effect of, sentence) is |
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| |
| |
230 | Page 209, line 7, at end insert— |
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| “(3) | After subsection (4) insert— |
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| “(4A) | Subsection (4B) applies where— |
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|
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| |
| | |
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| (a) | a court passes a custodial sentence in respect of an offence |
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| on an offender who is aged under 18, and |
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| (b) | the circumstances are such that the court must, in |
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| complying with subsection (1)(a), make the statement |
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| referred to in subsection (2)(b). |
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| (4B) | That statement must include— |
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| (a) | a statement by the court that it is of the opinion that a |
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| sentence consisting of or including a youth rehabilitation |
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| order with intensive supervision and surveillance or |
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| fostering cannot be justified for the offence, and |
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| (b) | a statement by the court why it is of that opinion.”” |
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231 | Page 209, line 25, after “board” insert “or an officer of a provider of probation |
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| |
232 | Page 209, line 29, after “board” insert “or an officer of a provider of probation |
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| |
233 | Page 209, line 32, after “board” insert “or an officer of a provider of probation |
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| |
234 | Page 209, line 34, after “board” insert “or an officer of a provider of probation |
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| |
235 | Page 209, line 36, after “board” insert “or an officer of a provider of probation |
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| |
236 | Page 210, line 14, at end insert— |
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| “93A | In section 330(5)(a) (orders subject to the affirmative resolution |
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| procedure), omit the entry relating to section 161(7).” |
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|
237 | Transpose Schedule 5 to after Schedule 7 |
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238 | Page 219, line 30, leave out paragraph 1 and insert— |
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| |
239 | Page 220, line 2, leave out “or an attempt to commit such an offence” |
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240 | Page 220, line 16, leave out “or an attempt to commit such an offence” |
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241 | Page 220, line 17, leave out “or an attempt to commit such an offence” |
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242 | Page 220, line 20, leave out “, or an attempt to commit such an offence,” |
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243 | Page 220, line 23, leave out “or an attempt to commit such an offence” |
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244 | Page 220, line 26, leave out “or an attempt to commit such an offence” |
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245 | Page 220, line 28, leave out “, or an attempt to commit such an offence,” |
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246 | Page 220, line 32, leave out “, or an attempt to commit such an offence,” |
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247 | Page 220, line 36, leave out “, or an attempt to commit such an offence,” |
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248 | Page 220, line 41, leave out “, or an attempt to commit such an offence,” |
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| |
| | |
249 | Page 220, line 45, leave out “, or an attempt to commit such an offence,” |
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250 | Page 221, line 4, leave out “, or an attempt to commit such an offence,” |
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251 | Page 221, line 7, leave out “, or an attempt to commit such an offence,” |
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252 | Page 221, line 9, at end insert— |
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| “22A (1) | An attempt to commit an offence specified in the preceding paragraphs |
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| of this Part of this Schedule (“a listed offence”). |
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| (2) | Conspiracy to commit a listed offence. |
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| (3) | Incitement to commit a listed offence. |
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| (4) | An offence under Part 2 of the Serious Crime Act 2007 in relation to |
|
| which a listed offence is the offence (or one of the offences) which the |
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| person intended or believed would be committed. |
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| (5) | Aiding, abetting, counselling or procuring the commission of a listed |
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| |
253 | Page 221, line 11, at end insert— |
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| |
254 | Page 221, line 13, leave out paragraph 24 |
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255 | Page 221, line 15, leave out “or an attempt to commit rape” |
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256 | Page 221, line 20, leave out “, or an attempt to commit sodomy,” |
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257 | Page 221, line 35, at end insert— |
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| “33A (1) | An attempt to commit an offence specified in the preceding paragraphs |
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| of this Part of this Schedule (“a listed offence”). |
|
| (2) | Conspiracy to commit a listed offence. |
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| (3) | Incitement to commit a listed offence. |
|
| (4) | Aiding, abetting, counselling or procuring the commission of a listed |
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| |
258 | Page 221, line 38, leave out paragraph 34 and insert— |
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| |
259 | Page 222, line 1, leave out “or an attempt to commit rape” |
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260 | Page 222, line 12, leave out “1981” and insert “2004” |
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261 | Page 222, line 28, leave out “, or an attempt to commit such an offence,” |
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262 | Page 222, line 30, at end insert— |
|
| “48(1) | An attempt to commit an offence specified in the preceding paragraphs |
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| of this Part of this Schedule (“a listed offence”). |
|
| (2) | Conspiracy to commit a listed offence. |
|
| (3) | Incitement to commit a listed offence. |
|
|
|
| |
| | |
|
| (4) | An offence under Part 2 of the Serious Crime Act 2007 in relation to |
|
| which a listed offence is the offence (or one of the offences) which the |
|
| person intended or believed would be committed. |
|
| (5) | Aiding, abetting, counselling or procuring the commission of a listed |
|
| |
263 | Page 222, line 30, at end insert— |
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| |
| Offences under service law |
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| 49 | An offence under section 70 of the Army Act 1955, section 70 of the Air |
|
| Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects |
|
| which the corresponding civil offence (within the meaning of the Act in |
|
| question) is an offence specified in Part 1 of this Schedule. |
|
| 50 (1) | An offence under section 42 of the Armed Forces Act 2006 as respects |
|
| which the corresponding offence under the law of England and Wales |
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| (within the meaning given by that section) is an offence specified in Part |
|
| |
| (2) | Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) |
|
| applies for the purposes of this paragraph as if the reference in |
|
| subsection (3)(b) of that section to any of the following provisions of that |
|
| Act were a reference to this paragraph. |
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| |
| |
| 51 | In this Schedule, “imprisonment for life” includes custody for life and |
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| |
|
264 | Page 225, line 12, leave out from “substitute” to “and” in line 13 and insert ““(taken |
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| as a whole) for all the related offences of which he remains convicted”,” |
|
265 | Page 225, line 41, leave out from beginning to “Effect” in line 42 and insert — |
|
| “8 | Before section 31 (but after the cross-heading preceding it) insert— |
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| |
266 | Page 229, line 1, leave out from beginning to “Effect” in line 2 and insert— |
|
| “20(1) | For the cross-heading preceding section 30 substitute— |
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| |
| (2) | Before section 30 (but after the cross-heading preceding it) insert— |
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| |
|
267 | |
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| |
| | |
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|
268 | |
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269 | |
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270 | |
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271 | |
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272 | |
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273 | |
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274 | |
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275 | |
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276 | Page 243, line 18, at beginning insert ““Young offenders:” |
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277 | Page 243, line 19, leave out “for offenders aged 16 or 17” |
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278 | Page 243, line 21, leave out “young person aged 16 or 17” and insert “child or |
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| |
279 | Page 244, line 22, after “16” insert “or under” |
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280 | Page 247, line 23, leave out “, 66G(5)” |
|
281 | Page 247, line 27, after “below” insert “, or |
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| (b) | an order under section 66G(5) other than the first such order” |
|
282 | Page 247, line 34, after “money” insert “, and |
|
| (b) | the first order under section 66G(5)” |
|
|
283 | Page 248, line 9, leave out “persons aged 16 or 17” and insert “children and young |
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| |
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| |
| | |
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|
284 | |
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285 | Page 269, line 19, at end insert— |
|
| “13A | After section 29J insert— |
|
| “29JA | Protection of freedom of expression (sexual orientation) |
|
| In this Part, for the avoidance of doubt, the discussion or criticism |
|
| of sexual conduct or practices or the urging of persons to refrain |
|
| from or modify such conduct or practices shall not be taken of |
|
| itself to be threatening or intended to stir up hatred.”” |
|
|
286 | Page 291, line 11, at end insert— |
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| |
| |
| (1) | The Secretary of State may issue guidance relating to the |
|
| discharge of any functions under or for the purposes of this Part. |
|
| (2) | A person discharging a function to which guidance under this |
|
| section relates must have regard to the guidance in discharging |
|
| |
|
287 | Page 297, line 11, at end insert— |
|
| “(8) | Subsection (7) does not apply to a statutory instrument |
|
| containing (whether alone or with other provision) any |
|
| regulations under this section coming into force at a time that is |
|
| the earliest time at which any regulations under this section are |
|
| to come into force since the commencement of paragraph 7 of |
|
| Schedule 32 to the Criminal Justice and Immigration Act 2008. |
|
| (9) | A statutory instrument within subsection (8) may not be made |
|
| unless a draft of it has been laid before and approved by a |
|
| resolution of each House of Parliament.”” |
|
288 | Page 297, line 43, at end insert— |
|
| “(5A) | Subsection (5) does not apply to a statutory instrument |
|
| containing (whether alone or with other provision) the first rules |
|
| made under this section after the commencement of paragraph 8 |
|
| of Schedule 32 to the Criminal Justice and Immigration Act 2008: |
|
| such an instrument may not be made unless a draft of it has been |
|
| laid before and approved by a resolution of each House of |
|
| |
289 | Page 301, line 49, at end insert— |
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|