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| | (5) | This section applies to any conduct which, as a result of section 108 of |
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| | the Anti-terrorism, Crime and Security Act 2001 (bribery and corruption: |
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| | foreign officers etc), constitutes a corruption offence (wherever |
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| | |
| | (6) | The following are corruption offences for the purposes of this section— |
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| | (a) | any common law offence of bribery; |
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| | (b) | the offences under section 1 of the Public Bodies Corrupt |
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| | Practices Act 1889 (corruption in office); and |
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| | (c) | the offences under section 1 of the Prevention of Corruption Act |
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| | 1906 (corrupt transactions with agents).” |
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| | (3) | In section 17(3) (provisions of Act extending to Northern Ireland) after “sections |
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| | |
| | (4) | This section extends to England and Wales and Northern Ireland only.’. |
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| | Special rules relating to providers of information society services |
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| To move the following Clause:— |
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| | ‘Schedule (Special rules relating to providers of information society services) |
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| | makes special provision in connection with the operation of section 64 in relation |
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| | to persons providing information society services within the meaning of that |
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| | |
| | Hatred on the grounds of sexual orientation |
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| To move the following Clause:— |
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| | ‘Schedule (Hatred on the grounds of sexual orientation)— |
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| | (a) | amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against |
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| | persons on religious grounds) to make provision about hatred against a |
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| | group of persons defined by reference to sexual orientation, and |
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| | (b) | makes minor amendments of that Part.’. |
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| | Sexual offences committed outside the United Kingdom |
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| To move the following Clause:— |
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| | ‘(1) | For section 72 of the Sexual Offences Act 2003 (c. 42) substitute— |
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| | “72 | Offences outside the United Kingdom |
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| | |
| | (a) | a United Kingdom national does an act in a country outside the |
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| | (b) | the act, if done in England and Wales or Northern Ireland, would |
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| | constitute a sexual offence to which this section applies, |
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| |
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| | | the United Kingdom national is guilty in that part of the United Kingdom |
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| | |
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| | (a) | a United Kingdom resident does an act in a country outside the |
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| | (b) | the act constitutes an offence under the law in force in that |
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| | |
| | (c) | the act, if done in England and Wales or Northern Ireland, would |
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| | constitute a sexual offence to which this section applies, |
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| | | the United Kingdom resident is guilty in that part of the United Kingdom |
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| | |
| | |
| | (a) | a person does an act in a country outside the United Kingdom at |
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| | a time when the person was not a United Kingdom national or a |
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| | (b) | the act constituted an offence under the law in force in that |
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| | (c) | the act, if done in England and Wales or Northern Ireland, would |
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| | have constituted a sexual offence to which this section applies, |
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| | (d) | the person meets the residence or nationality condition at the |
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| | |
| | | proceedings may be brought against the person in that part of the United |
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| | Kingdom for that sexual offence as if the person had done the act there. |
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| | (4) | The person meets the residence or nationality condition at the relevant |
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| | time if the person is a United Kingdom national or a United Kingdom |
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| | resident at the time when the proceedings are brought. |
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| | (5) | An act punishable under the law in force in any country constitutes an |
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| | offence under that law for the purposes of subsections (2) and (3) |
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| | however it is described in that law. |
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| | (6) | The condition in subsection (2)(b) or (3)(b) is to be taken to be met |
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| | unless, not later than rules of court may provide, the defendant serves on |
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| | the prosecution a notice— |
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| | (a) | stating that, on the facts as alleged with respect to the act in |
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| | question, the condition is not in the defendant’s opinion met, |
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| | (b) | showing the grounds for that opinion, and |
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| | (c) | requiring the prosecution to prove that it is met. |
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| | (7) | But the court, if it thinks fit, may permit the defendant to require the |
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| | prosecution to prove that the condition is met without service of a notice |
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| | (8) | In the Crown Court the question whether the condition is met is to be |
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| | decided by the judge alone. |
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| | |
| | “country” includes territory; |
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| | “United Kingdom national” means an individual who is— |
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| | (a) | a British citizen, a British overseas territories citizen, a British |
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| | National (Overseas) or a British Overseas citizen; |
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| |
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| | (b) | a person who under the British Nationality Act 1981 is a British |
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| | (c) | a British protected person within the meaning of that Act; |
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| | “United Kingdom resident” means an individual who is resident in the |
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| | (10) | Schedule 2 lists the sexual offences to which this section applies.” |
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| | (2) | Schedule 2 to that Act (list of sexual offences to which section 72 applies) is |
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| | (3) | In paragraph 1 (offences under the law of England and Wales)— |
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| | (a) | for paragraphs (a) and (b) substitute— |
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| | “(a) | an offence under any of sections 5 to 19, 25 and 26 |
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| | (b) | an offence under any of sections 1 to 4, 30 to 41 and |
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| | 61 where the victim of the offence was under 18 at the |
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| | (b) | in paragraph (c), for “16” substitute “18”; and |
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| | (c) | in paragraph (d), omit “in relation to a photograph or pseudo-photograph |
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| | showing a child under 16”. |
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| | (4) | In paragraph 2 (offences under the law of Northern Ireland)— |
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| | (a) | in sub-paragraph (1)(c)(iv), for “17” substitute “18”; and |
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| | (b) | in sub-paragraph (2), for “17” substitute “18”.’. |
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| | Sexual offences: grooming and adoption |
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| To move the following Clause:— |
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| | ‘Schedule (Sexual offences: grooming and adoption)— |
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| | (a) | amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a |
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| | child following sexual grooming etc), |
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| | (b) | amends that Act in relation to adoption, and |
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| | (c) | amends the Adoption Act 1976 (c. 36) in relation to offences under |
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| | sections 64 and 65 of the Sexual Offences Act 2003 (c. 42).’. |
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| | Review of violent offender orders in respect of young offenders |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where a violent offender order has been made in respect of |
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| | an offender who was under 17 at the time when the order was made (“the young |
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| | |
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| | (a) | the young offender will be under 18 at the end of a review period (see |
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| | (b) | the young offender will be subject to the violent offender order at the end |
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| | | the appropriate chief officer of police must before the end of that period carry out |
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| | a review of the operation of the order. |
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| | | But this subsection ceases to apply if the order is discharged under section 87 |
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| | before the end of that period. |
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| | (3) | The “review periods” are— |
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| | (a) | the period of 12 months beginning with— |
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| | (i) | the day on which the order was made, or |
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| | (ii) | if one or more supplemental orders were made during that |
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| | period, the date on which the supplemental order (or the last |
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| | supplemental order) was made; |
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| | (b) | a period of 12 months beginning with— |
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| | (i) | the day after the end of the previous review period, or |
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| | (ii) | if one or more supplemental orders were made during that |
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| | period, the date on which the supplemental order (or the last |
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| | supplemental order) was made. |
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| | (4) | A review under this section must include consideration of— |
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| | (a) | the extent to which the young offender has complied with the violent |
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| | |
| | (b) | the adequacy of any support available to the young offender to help the |
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| | young offender comply with it; |
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| | (c) | any matters relevant to the question whether an application should be |
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| | made under section 87 for the violent offender order to be varied, |
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| | |
| | (5) | A chief officer of police carrying out a review under this section may invite any |
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| | person to participate in the review, but must have regard to any guidance issued |
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| | by the Secretary of State when considering which persons to invite. |
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| | (6) | Those carrying out or participating in a review under this section must have |
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| | regard to any guidance issued by the Secretary of State when considering— |
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| | (a) | how the review should be carried out; |
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| | (b) | what particular matters should be dealt with by the review; |
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| | (c) | which persons should be sent a copy of the findings of the review or |
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| | extracts from or a summary of those findings; |
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| | (d) | what action (if any) it would be appropriate to take in consequence of |
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| | |
| | |
| | “the appropriate chief officer of police” means the chief officer of police of |
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| | the police force maintained for the police area in which the young |
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| | offender resides or appears to reside; |
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| | “supplemental order”, in relation to a violent offender order, means an order |
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| | under section 87 varying or renewing the violent offender order.’. |
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| | Disclosure of information about convictions etc of child sex offenders to members of the |
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| To move the following Clause:— |
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| | ‘(1) | After section 327 of the Criminal Justice Act 2003 (c. 44) insert— |
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|