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Criminal Justice and Immigration Bill, continued

“327A

Disclosure of information about convictions etc of child sex offenders

to members of the public

(1)	The responsible authority for each area must, in the course of discharging

its functions under arrangements established by it under section 325,

consider whether to disclose information in its possession about the

relevant previous convictions of any child sex offender managed by it to

any particular member of the public.

(2)	In the case mentioned in subsection (3) there is a presumption that the

responsible authority should disclose information in its possession about

the relevant previous convictions of the offender to the particular

member of the public.

(3)	The case is where the responsible authority for the area has reasonable

cause to believe that—

(a)	a child sex offender managed by it poses a risk in that or any

other area of causing harm to children generally or any child, and

(b)	the disclosure of information about the relevant previous

convictions of the offender to the particular member of the public

is necessary for the purpose of protecting children generally or

any child from harm caused by the offender.

(4)	The presumption under subsection (2) arises—

(a)	whether or not the person to whom the information is disclosed

requests the disclosure, and

(b)	whether or not the responsible authority making the disclosure

has reasonable cause to believe that the risk is posed in relation

to a member of that person’s family.

(5)	Where the responsible authority makes a disclosure under this section—

(a)	it may disclose such information about the relevant previous

convictions of the offender as it considers appropriate to disclose

to the member of the public concerned, and

(b)	it may impose conditions for preventing the member of the

public concerned from disclosing the information to any other

person.

(6)	Any disclosure under this section must be made as soon as is reasonably

practicable having regard to all the circumstances.

(7)	The responsible authority for each area must compile and maintain a

record about the decisions it makes in relation to the discharge of its

functions under this section.

(8)	The record must include the following information—

(a)	the reasons for making a decision to disclose information under

this section,

(b)	the reasons for making a decision not to disclose information

under this section, and

(c)	the information which is disclosed under this section, any

conditions imposed in relation to its further disclosure and the

name and address of the person to whom it is disclosed.

(9)	Nothing in this section requires or authorises the making of a disclosure

which contravenes the Data Protection Act 1998.

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Criminal Justice and Immigration Bill, continued

(10)	This section is not to be taken as affecting any power of any person to

disclose any information about a child sex offender.

327B	Section 327A: interpretation

(1)	This section applies for the purposes of section 327A.

(2)	“Child” means a person under 18.

(3)	“Child sex offence” means an offence listed in Schedule 34A, whenever

committed.

(4)	“Child sex offender” means any person who—

(a)	has been convicted of such an offence,

(b)	has been found not guilty of such an offence by reason of

insanity,

(c)	has been found to be under a disability and to have done the act

charged against the person in respect of such an offence, or

(d)	has been cautioned in respect of such an offence.

(5)	In relation to a responsible authority, references to information about the

relevant previous convictions of a child sex offender are references to

information about—

(a)	convictions, findings and cautions mentioned in subsection

(4)(a) to (d) which relate to the offender, and

(b)	anything under the law of any country or territory outside

England and Wales which in the opinion of the responsible

authority corresponds to any conviction, finding or caution

within paragraph (a) (however described).

(6)	References to harm caused by a child sex offender are references to

physical or psychological harm caused by the offender committing any

offence listed in any paragraph of Schedule 34A other than paragraphs 1

to 6 (offences under provisions repealed by Sexual Offences Act 2003).

(7)	A responsible authority for any area manages a child sex offender if the

offender is a person who poses risks in that area which fall to be managed

by the authority under the arrangements established by it under section

325.

(8)	For the purposes of this section the provisions of section 4 of, and

paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974

(protection for spent convictions and cautions) are to be disregarded.

(9)	In this section “cautioned”, in relation to any person and any offence,

means—

(a)	cautioned after the person has admitted the offence, or

(b)	reprimanded or warned within the meaning given by section 65

of the Crime and Disorder Act 1998.

(10)	Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003

(mentally disordered offenders) apply for the purposes of this section as

they apply for the purposes of Part 2 of that Act.”

(2)	After Schedule 34 to that Act insert the Schedule 34A set out in Schedule (Section

327A of the Criminal Justice Act 2003: meaning of “child sex offence”) to this

Act.’.

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Criminal Justice and Immigration Bill, continued

Sexual offences prevention orders: relevant sexual offences

Mr David Hanson

NC39

To move the following Clause:—

‘(1)	In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions

about sexual offences prevention orders), at the end insert—

“(13)

Subsection (14) applies for the purposes of section 104 and this section

in their application in relation to England and Wales or Northern Ireland.

(14)	In construing any reference to an offence listed in Schedule 3, any

condition subject to which an offence is so listed that relates—

(a)	to the way in which the defendant is dealt with in respect of an

offence so listed or a relevant finding (as defined by section

132(9)), or

(b)	to the age of any person,

is to be disregarded.”

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

Notification requirements: prescribed information

Mr David Hanson

NC40

To move the following Clause:—

‘(1)	In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements:

initial notification)—

(a)	at the end of subsection (5) insert—

“(h)	any prescribed information.”; and

(b)	after that subsection insert—

“(5A)

In subsection (5)(h) “prescribed” means prescribed by

regulations made by the Secretary of State.”

(2)	Section 84 of that Act (notification requirements: changes) is amended as

follows.

(3)	In subsection (1)—

(a)	after “1997,” in paragraph (c) insert—

“(ca)

any prescribed change of circumstances,”; and

(b)	after “the address of those premises” insert “, the prescribed details”.

(4)	In subsection (2) after “home address” insert “or the prescribed change of

circumstances”.

(5)	After subsection (5) insert—

“(5A)

In this section—

(a)	“prescribed change of circumstances” means any change—

(i)	occurring in relation to any matter in respect of which

information is required to be notified by virtue of section

83(5)(h), and

(ii)	of a description prescribed by regulations made by the

Secretary of State;

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Criminal Justice and Immigration Bill, continued

(b)	“the prescribed details”, in relation to a prescribed change of

circumstances, means such details of the change as may be so

prescribed.”

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

Persistent sales of tobacco to persons under 18

Mr David Hanson

NC41

To move the following Clause:—

‘(1)	The Children and Young Persons Act 1933 (c. 12) is amended as follows.

(2)	After section 12 insert—

“Persistent sales of tobacco to persons under 18

12A	Restricted premises orders

(1)	This section applies where a person (“the offender”) is convicted of a

tobacco offence (“the relevant offence”).

(2)	The person who brought the proceedings for the relevant offence may by

complaint to a magistrates’ court apply for a restricted premises order to

be made in respect of the premises in relation to which that offence was

committed (“the relevant premises”).

(3)	A restricted premises order is an order prohibiting the sale on the

premises to which it relates of any tobacco or cigarette papers to any

person.

(4)	The prohibition applies to sales whether made—

(a)	by the offender or any other person, or

(b)	by means of any machine kept on the premises or any other

means.

(5)	The order has effect for the period specified in the order, but that period

may not exceed one year.

(6)	The applicant must, after making reasonable enquiries, give notice of the

application to every person appearing to the applicant to be a person

affected by it.

(7)	The court may make the order if (and only if) it is satisfied that—

(a)	on at least 2 occasions within the period of 2 years ending with

the date on which the relevant offence was committed the

offender has committed other tobacco offences in relation to the

relevant premises, and

(b)	the applicant has complied with subsection (6).

(8)	Persons affected by the application may make representations to the court

as to why the order should not be made.

(9)

If—

(a)	a person affected by an application for a restricted premises order

was not given notice under subsection (6), and

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Criminal Justice and Immigration Bill, continued

(b)	consequently the person had no opportunity to make

representations to the court as to why the order should not be

made,

the person may by complaint apply to the court for an order varying or

discharging it.

(10)	On an application under subsection (9) the court may, after hearing—

(a)	that person, and

(b)	the applicant for the restricted premises order,

make such order varying or discharging the restricted premises order as

it considers appropriate.

(11)	For the purposes of this section the persons affected by an application for

a restricted premises order in respect of any premises are—

(a)	the occupier of the premises, and

(b)	any other person who has an interest in the premises.

12B	Restricted sale orders

(1)	This section applies where a person (“the offender”) is convicted of a

tobacco offence (“the relevant offence”).

(2)	The person who brought the proceedings for the relevant offence may by

complaint to a magistrates’ court apply for a restricted sale order to be

made in respect of the offender.

(3)	A restricted sale order is an order prohibiting the person to whom it

relates—

(a)	from selling any tobacco or cigarette papers to any person,

(b)	from having any management functions in respect of any

premises in so far as those functions relate to the sale on the

premises of tobacco or cigarette papers to any person,

(c)	from keeping any cigarette machine on any premises for the

purpose of selling tobacco or permitting any cigarette machine to

be kept on any premises by any other person for that purpose, and

(d)	from having any management functions in respect of any

premises in so far as those functions relate to any cigarette

machine kept on the premises for the purpose of selling tobacco.

(4)	The order has effect for the period specified in the order, but that period

may not exceed one year.

(5)	The court may make the order if (and only if) it is satisfied that on at least

2 occasions within the period of 2 years ending with the date on which

the relevant offence was committed the offender has committed other

tobacco offences.

(6)	In this section any reference to a cigarette machine is a reference to an

automatic machine for the sale of tobacco.

12C	Enforcement

(1)

If—

(a)	a person sells on any premises any tobacco or cigarette papers in

contravention of a restricted premises order, and

(b)	the person knew, or ought reasonably to have known, that the

sale was in contravention of the order,

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Criminal Justice and Immigration Bill, continued

the person commits an offence.

(2)	If a person fails to comply with a restricted sale order, the person

commits an offence.

(3)	It is a defence for a person charged with an offence under subsection (2)

to prove that the person took all reasonable precautions and exercised all

due diligence to avoid the commission of the offence.

(4)	A person guilty of an offence under this section is liable, on summary

conviction, to a fine not exceeding £20,000.

(5)	A restricted premises order is a local land charge and in respect of that

charge the applicant for the order is the originating authority for the

purposes of the Local Land Charges Act 1975.

12D	Interpretation

(1)	In sections 12A and 12B a “tobacco offence” means—

(a)	an offence committed under section 7(1) on any premises (which

are accordingly “the premises in relation to which the offence is

committed”), or

(b)	an offence committed under section 7(2) in respect of an order

relating to any machine kept on any premises (which are

accordingly “the premises in relation to which the offence is

committed”).

(2)	In sections 12A to 12C the expressions “tobacco” and “cigarette” have

the same meaning as in section 7.

(3)	In sections 12A and 12B “notice” means notice in writing.”

(3)	In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—

“(f)	in the case of a restricted premises order under section 12A or a

restricted sale order under section 12B, by any person

aggrieved.”’.

Mr David Hanson

NS1

To move the following Schedule:—

‘Special rules relating to providers of information society services

Domestic service providers: extension of liability

1    (1)

This paragraph applies where a service provider is established in England and

Wales or Northern Ireland (a “domestic service provider”).

(2)	Section 64(1) applies to a domestic service provider who—

(a)	is in possession of an extreme pornographic image in an EEA state

other than the United Kingdom, and

(b)	is in possession of it there in the course of providing information

society services,

as well as to persons (of any description) who are in possession of such images

in England and Wales or Northern Ireland.

(3)	In the case of an offence under section 64, as it applies to a domestic service

provider by virtue of sub-paragraph (2)—

(a)	proceedings for the offence may be taken at any place in England and

Wales or Northern Ireland, and

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Criminal Justice and Immigration Bill, continued

(b)	the offence may for all incidental purposes be treated as having been

committed at any such place.

(4)	Nothing in this paragraph is to be read as affecting the operation of any of

paragraphs 3 to 5.

Non-UK service providers: restriction on institution of proceedings

2    (1)

This paragraph applies where a service provider is established in an EEA state

other than the United Kingdom (a “non-UK service provider”).

(2)	Proceedings for an offence under section 64 may not be instituted against a

non-UK service provider in respect of anything done in the course of the

provision of information society services unless the derogation condition is

satisfied.

(3)	The derogation condition is satisfied where the institution of proceedings—

(a)	is necessary for the purposes of the public interest objective;

(b)	relates to an information society service that prejudices that objective

or presents a serious and grave risk of prejudice to that objective; and

(c)	is proportionate to that objective.

(4)	“The public interest objective” means the pursuit of public policy.

Exceptions for mere conduits

3    (1)

A service provider is not capable of being guilty of an offence under section

64 in respect of anything done in the course of providing so much of an

information society service as consists in—

(a)	the provision of access to a communication network, or

(b)	the transmission in a communication network of information provided

by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2)	The condition is that the service provider does not—

(a)	initiate the transmission,

(b)	select the recipient of the transmission, or

(c)	select or modify the information contained in the transmission.

(3)	For the purposes of sub-paragraph (1)—

(a)	the provision of access to a communication network, and

(b)	the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information

transmitted so far as the storage is solely for the purpose of carrying out the

transmission in the network.

(4)	Sub-paragraph (3) does not apply if the information is stored for longer than is

reasonably necessary for the transmission.

Exception for caching

4    (1)

This paragraph applies where an information society service consists in the

transmission in a communication network of information provided by a

recipient of the service.

(2)	The service provider is not capable of being guilty of an offence under section

64 in respect of the automatic, intermediate and temporary storage of

information so provided, if—

(a)	the storage of the information is solely for the purpose of making more

efficient the onward transmission of the information to other recipients

of the service at their request, and

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Revised 15 November 2007