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
]
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
]
Question
accordingly agreed to.
Clause read a Second
time
,
and added to the
Bill.
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