Criminal Justice and Immigration Bill


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New Clause 33

Special rules relating to providers of information society services
‘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.’.—[Maria Eagle.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 34

Hatred on the grounds of sexual orientation
‘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.’.—[Maria Eagle.]
Brought up, and read the First time.
Motion made, and Question put, That the clause be read a Second time:—
The Committee divided: Ayes 11, Noes 1.
Division No. 8 ]
AYES
Coaker, Mr. Vernon
Cohen, Harry
Eagle, Maria
Hanson, rh Mr. David
Heath, Mr. David
Keeble, Ms Sally
Khan, Mr. Sadiq
Michael, rh Alun
Sharma, Mr. Virendra
Waltho, Lynda
Wilson, Phil
NOES
Hollobone, Mr. Philip
Question accordingly agreed to.
Clause read a Second time, and added to the Bill.

New Clause 35

Sexual offences committed outside the United Kingdom
‘(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,
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;
(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”.’.—[Maria Eagle.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 36

Sexual offences: grooming and adoption
‘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).’.—[Maria Eagle.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 37

Review of violent offender orders in respect of young offenders
‘(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,
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.’.—[Maria Eagle.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 38

Disclosure of information about convictions etc of child sex offenders to members of the public
‘(1) After section 327 of the Criminal Justice Act 2003 (c. 44) insert—
“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.
(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.’.—[Maria Eagle.]
Brought up, and read the First time.
Motion made and Question put, That the clause be read a Second time:—
The Committee divided: Ayes 10, Noes 4.
Division No. 9 ]
AYES
Coaker, Mr. Vernon
Cohen, Harry
Eagle, Maria
Hanson, rh Mr. David
Keeble, Ms Sally
Khan, Mr. Sadiq
Michael, rh Alun
Sharma, Mr. Virendra
Waltho, Lynda
Wilson, Phil
NOES
Burrowes, Mr. David
Garnier, Mr. Edward
Heath, Mr. David
Hollobone, Mr. Philip
Question accordingly agreed to.
Clause read a Second time , and added to the Bill.
 
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Prepared 30 November 2007