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Notices of Amendments: 14th November 2007                

217

 

Criminal Justice and Immigration Bill, continued

 
 

(5)    

This section applies to any conduct which, as a result of section 108 of

 

the Anti-terrorism, Crime and Security Act 2001 (bribery and corruption:

 

foreign officers etc), constitutes a corruption offence (wherever

 

committed).

 

(6)    

The following are corruption offences for the purposes of this section—

 

(a)    

any common law offence of bribery;

 

(b)    

the offences under section 1 of the Public Bodies Corrupt

 

Practices Act 1889 (corruption in office); and

 

(c)    

the offences under section 1 of the Prevention of Corruption Act

 

1906 (corrupt transactions with agents).”

 

(3)    

In section 17(3) (provisions of Act extending to Northern Ireland) after “sections

 

2” insert “, 2A”.

 

(4)    

This section extends to England and Wales and Northern Ireland only.’.

 

Special rules relating to providers of information society services

 

Mr David Hanson

 

NC33

 

To move the following Clause:—

 

‘Schedule (Special rules relating to providers of information society services)

 

makes special provision in connection with the operation of section 64 in relation

 

to persons providing information society services within the meaning of that

 

Schedule.’.

 

Hatred on the grounds of sexual orientation

 

Mr David Hanson

 

NC34

 

To move the following Clause:—

 

‘Schedule (Hatred on the grounds of sexual orientation)

 

(a)    

amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against

 

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.’.

 

Sexual offences committed outside the United Kingdom

 

Mr David Hanson

 

NC35

 

To move the following Clause:—

 

‘(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

 

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,


 
 

Notices of Amendments: 14th November 2007                

218

 

Criminal Justice and Immigration Bill, continued

 
 

    

the United Kingdom national is guilty in that part of the United Kingdom

 

of that sexual offence.

 

(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

 

(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—

 

(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,

 

(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,

 

    

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.

 

(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)

 

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

 

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 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;

 

“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;


 
 

Notices of Amendments: 14th November 2007                

219

 

Criminal Justice and Immigration Bill, continued

 
 

(b)    

a person who under the British Nationality Act 1981 is a British

 

subject; or

 

(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.”

 

(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 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

 

(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”.’.

 

Sexual offences: grooming and adoption

 

Mr David Hanson

 

NC36

 

To move the following Clause:—

 

‘Schedule (Sexual offences: 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

 

(c)    

amends the Adoption Act 1976 (c. 36) in relation to offences under

 

sections 64 and 65 of the Sexual Offences Act 2003 (c. 42).’.

 

Review of violent offender orders in respect of young offenders

 

Mr David Hanson

 

NC37

 

To move the following Clause:—

 

‘(1)    

This section applies where a violent offender order has been made in respect of

 

an offender who was under 17 at the time when the order was made (“the young

 

offender”).

 

(2)    

If—

 

(a)    

the young offender will be under 18 at the end of a review period (see

 

subsection (2)), and

 

(b)    

the young offender will be subject to the violent offender order at the end

 

of that period,


 
 

Notices of Amendments: 14th November 2007                

220

 

Criminal Justice and Immigration Bill, continued

 
 

    

the appropriate chief officer of police must before the end of that period carry out

 

a review of the operation of the order.

 

    

But this subsection ceases to apply if the order is discharged under section 87

 

before the end of that period.

 

(3)    

The “review periods” are—

 

(a)    

the period of 12 months beginning with—

 

(i)    

the day on which the order was made, or

 

(ii)    

if one or more supplemental orders were made during that

 

period, the date on which the supplemental order (or the last

 

supplemental order) was made;

 

(b)    

a period of 12 months beginning with—

 

(i)    

the day after the end of the previous review period, or

 

(ii)    

if one or more supplemental orders were made during that

 

period, the date on which the supplemental order (or the last

 

supplemental order) was made.

 

(4)    

A review under this section must include consideration of—

 

(a)    

the extent to which the young offender has complied with the violent

 

offender order;

 

(b)    

the adequacy of any support available to the young offender to help the

 

young offender comply with it;

 

(c)    

any matters relevant to the question whether an application should be

 

made under section 87 for the violent offender order to be varied,

 

renewed or discharged.

 

(5)    

A chief officer of police carrying out a review under this section may invite any

 

person to participate in the review, but must have regard to any guidance issued

 

by the Secretary of State when considering which persons to invite.

 

(6)    

Those carrying out or participating in a review under this section must have

 

regard to any guidance issued by the Secretary of State when considering—

 

(a)    

how the review should be carried out;

 

(b)    

what particular matters should be dealt with by the review;

 

(c)    

which persons should be sent a copy of the findings of the review or

 

extracts from or a summary of those findings;

 

(d)    

what action (if any) it would be appropriate to take in consequence of

 

those findings.

 

(7)    

In this section—

 

“the appropriate chief officer of police” means the chief officer of police of

 

the police force maintained for the police area in which the young

 

offender resides or appears to reside;

 

“supplemental order”, in relation to a violent offender order, means an order

 

under section 87 varying or renewing the violent offender order.’.

 

Disclosure of information about convictions etc of child sex offenders to members of the

 

public

 

Mr David Hanson

 

NC38

 

To move the following Clause:—

 

‘(1)    

After section 327 of the Criminal Justice Act 2003 (c. 44) insert—


 
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