Criminal Justice and Immigration Bill


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New Schedule 2

‘Hatred on the grounds of sexual orientation
1 Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) has effect subject to the following amendments.
2 In the heading for Part 3A at the end insert “or grounds of sexual orientation”.
3 In the italic cross-heading before section 29A at the end insert “and “hatred on the grounds of sexual orientation””.
4 After that section insert—
“29AB Meaning of “hatred on the grounds of sexual orientation”
In this Part “hatred on the grounds of sexual orientation” means hatred against a group of persons defined by reference to sexual orientation (whether towards persons of the same sex, the opposite sex or both).”
5 In the italic cross-heading before section 29B at the end insert “or hatred on the grounds of sexual orientation”.
6 (1) Section 29B (use of words or behaviour or display of written material) is amended as follows.
(2) In subsection (1), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
(3) Omit subsection (3).
7 In section 29C(1) (publishing or distributing written material), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
8 In section 29D(1) (public performance of play), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
9 In section 29E(1) (distributing, showing or playing a recording), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
10 In section 29F(1) (broadcasting or including programme in programme service), after “religious hatred” insert “or hatred on the grounds of sexual orientation”.
11 In section 29G(1) (possession of inflammatory material), for “religious hatred to be stirred up thereby” substitute “thereby to stir up religious hatred or hatred on the grounds of sexual orientation”.
12 (1) Section 29H (powers of entry and search) is amended as follows.
(2) In subsection (1), omit “in England and Wales”.
(3) Omit subsection (2).
13 (1) Section 29I (power to order forfeiture) is amended as follows.
(2) In subsection (2)—
(a) in paragraph (a), omit “in the case of an order made in proceedings in England and Wales,”; and
(b) omit paragraph (b).
(3) Omit subsection (4).
14 In section 29K(1) (savings for reports of parliamentary or judicial proceedings), for “or in the Scottish Parliament” substitute “, in the Scottish Parliament or in the National Assembly for Wales”.
15 (1) Section 29L (procedure and punishment) is amended as follows.
(2) In subsections (1) and (2), omit “in England and Wales”.
(3) In subsection (3), in paragraph (b), for “six months” substitute “12 months”.
(4) After that subsection insert—
“(4) In subsection (3)(b) the reference to 12 months shall be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.”
16 In section 29N (interpretation), after the definition of “dwelling” insert—
““hatred on the grounds of sexual orientation” has the meaning given by section 29AB;”.’.—[Mr. Coaker.]
Brought up, read the First and Second time, and added to the Bill.

New Schedule 3

‘Sexual offences: grooming and adoption
Meeting a child following sexual grooming
1 In section 15(1) of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc) for paragraphs (a) and (b) substitute—
“(a) A has met or communicated with another person (B) on at least two occasions and subsequently—
(i) A intentionally meets B,
(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or
(iii) B travels with the intention of meeting A in any part of the world,
(b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,”.
Adoption
2 The Sexual Offences Act 2003 (c. 42) has effect subject to the following amendments.
3 In section 27(1)(b) (family relationships) after “but for” insert “section 39 of the Adoption Act 1976 or”.
4 In section 29(1)(b) (sections 25 and 26: sexual relationships which pre-date family relationships) after “if” insert “section 39 of the Adoption Act 1976 or”.
5 (1) Section 64 (sex with an adult relative: penetration) is amended as follows.
(2) In subsection (1) after “(A)” insert “(subject to subsection (3A))”.
(3) In subsection (3) after “In subsection (2)—” insert—
“(za) “parent” includes an adoptive parent;
(zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;”.
(4) After that subsection insert—
“(3A) Where subsection (1) applies in a case where A is related to B as B’s child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.”
(5) After subsection (5) insert—
“(6) Nothing in—
(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or
(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),
is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.”
6 (1) Section 65 (sex with an adult relative: consenting to penetration) is amended as follows.
(2) In subsection (1) after “(A)” insert “(subject to subsection (3A))”.
(3) In subsection (3) after “In subsection (2)—” insert—
“(za) “parent” includes an adoptive parent;
(zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;”.
(4) After that subsection insert—
“(3A) Where subsection (1) applies in a case where A is related to B as B’s child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.”
(5) After subsection (5) insert—
“(6) Nothing in—
(a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or
(b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date),
is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.”
7 In section 47(1) of the Adoption Act 1976 (c. 36) (disapplication of section 39 (status conferred by adoption) for the purposes of miscellaneous enactments) for “sections 10 and 11 (incest) of the Sexual Offences Act 1956” substitute “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative)”.’.—[Mr. Coaker.]
Brought up, read the First and Second time, and added to the Bill.

New Schedule 4

‘Section 327A of the Criminal Justice Act 2003: meaning of “child sex offence”
The following is the Schedule to be inserted as Schedule 34A to the Criminal Justice Act 2003 (c. 44)—
Child sex offences for purposes of section 327A
Offences under provisions repealed by Sexual Offences Act 2003
1 An offence under—
(a) section 5 or 6 of the Sexual Offences Act 1956 (intercourse with girl under 13 or 16), or
(b) section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).
2 An offence under any of—
(a) section 1 of that Act (rape),
(b) section 10 of that Act (incest by a man), and
(c) sections 12 to 16 of that Act (buggery, indecency between men, indecent assault and assault with intent to commit buggery),
where the victim or (as the case may be) the other party was under 18 at the time of the offence.
3 An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14).
4 An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape where the intended offence was an offence against a person under 18.
5 An offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).
6 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).
Other offences
7 An offence under any of—
(a) sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),
(b) sections 9 to 15 of that Act (child sex offences),
(c) sections 16 to 19 of that Act (abuse of position of trust),
(d) sections 25 and 26 of that Act (familial child sex offences), and
(e) sections 47 to 50 of that Act (abuse of children through prostitution and pornography).
8 An offence under any of—
(a) sections 1 to 4 of that Act (rape, assault and causing sexual activity without consent),
(b) sections 30 to 41 of that Act (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder), and
(c) section 61 of that Act (administering a substance with intent),
where the victim of the offence was under 18 at the time of the offence.
9 An offence under section 62 or 63 of that Act (committing an offence with intent to commit a sexual offence and trespass with intent to commit a sexual offence) where the intended offence was an offence against a person under 18.
10 An offence under section 66 or 67 of that Act (exposure and voyeurism) where the victim or intended victim of the offence was under 18 at the time of the offence.
11 An offence under—
(a) section 1 of the Protection of Children Act 1978 (indecent photographs of children), or
(b) section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child).
12 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles) where the prohibited goods included any indecent photograph showing a person under 18.
13 An offence under section 64 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) in relation to an image showing a person under 18.
General
14 A reference in this Schedule to an offence (“offence A”) includes—
(a) a reference to an attempt to commit offence A,
(b) a reference to a conspiracy to commit offence A,
(c) a reference to incitement to commit offence A,
(d) a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and
(e) a reference to aiding and abetting, counselling or procuring the commission of offence A.
15 A reference in this Schedule to an offence (“offence A”) includes—
(a) a reference to an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning given by the section in question) is offence A, and
(b) a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A.”.’.—[Mr. Coaker.]
Brought up, read the First and Second time, and added to the Bill.

New Schedule 5

‘Penalties suitable for enforcement in England and Wales or Northern Ireland
Person residing in England and Wales
1 The financial penalty is suitable for enforcement in England and Wales if the certificate states that the person required to pay the penalty is normally resident in England and Wales.
Person residing in Northern Ireland
2 The financial penalty is suitable for enforcement in Northern Ireland if the certificate states that the person required to pay the penalty is normally resident in Northern Ireland.
Person having property etc. in England and Wales
3 The financial penalty is suitable for enforcement in England and Wales if—
(a) the certificate states that the person required to pay the penalty has property or a source of income in England and Wales, and
(b) the certificate does not state—
(i) that the person has property or a source of income in Northern Ireland or Scotland, or
(ii) that the person is normally resident in the United Kingdom.
Person having property etc. in Northern Ireland
4 The financial penalty is suitable for enforcement in Northern Ireland if—
(a) the certificate states that the person required to pay the penalty has property or a source of income in Northern Ireland, and
(b) the certificate does not state—
(i) that the person has property or a source of income in England and Wales or Scotland, or
(ii) that the person is normally resident in the United Kingdom.
Person having property etc. in England and Wales and Northern Ireland
5 (1) This paragraph applies if—
(a) the certificate states that the person required to pay the penalty has property or a source of income in England and Wales,
(b) the certificate also states that the person has property or a source of income in Northern Ireland, and
(c) the certificate does not state —
(i) that the person has property or a source of income in Scotland, or
(ii) that the person is normally resident in the United Kingdom.
(2) The financial penalty is suitable for enforcement in England and Wales unless it is suitable for enforcement in Northern Ireland by virtue of sub-paragraph (3).
(3) The financial penalty is suitable for enforcement in Northern Ireland if the Lord Chancellor thinks that it is more appropriate for the penalty to be enforced in Northern Ireland than in England and Wales.
Person having property etc. in England and Wales and Scotland
6 (1) This paragraph applies if—
(a) the certificate states that the person required to pay the penalty has property or a source of income in England and Wales,
(b) the certificate also states that the person has property or a source of income in Scotland, and
(c) the certificate does not state —
(i) that the person has property or a source of income in Northern Ireland, or
(ii) that the person is normally resident in the United Kingdom.
(2) The financial penalty is suitable for enforcement in England and Wales unless sub-paragraph (3) applies.
(3) This sub-paragraph applies if—
(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and
(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales.
Person having property etc. in Northern Ireland and Scotland
7 (1) This paragraph applies if—
(a) the certificate states that the person required to pay the penalty has property or a source of income in Northern Ireland,
(b) the certificate also states that the person has property or a source of income in Scotland, and
(c) the certificate does not state —
(i) that the person has property or a source of income in England and Wales, or
(ii) that the person is normally resident in the United Kingdom.
(2) The financial penalty is suitable for enforcement in Northern Ireland unless sub-paragraph (3) applies.
(3) This sub-paragraph applies if—
(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and
(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in Northern Ireland.
Person having property etc. in England and Wales, Scotland and Northern Ireland
8 (1) This paragraph applies if—
(a) the certificate states that the person required to pay the penalty has property or a source of income in Northern Ireland,
(b) the certificate also states that the person has property or a source of income in England and Wales and in Scotland, and
(c) the certificate does not state that the person is normally resident in the United Kingdom.
(2) The financial penalty is suitable for enforcement in England and Wales unless—
(a) the penalty is suitable for enforcement in Northern Ireland by virtue of sub-paragraph (3) or (4), or
(b) sub-paragraph (5) applies.
(3) The financial penalty is suitable for enforcement in Northern Ireland if—
(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland),
(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Northern Ireland than in England and Wales or Scotland.
(4) The financial penalty is suitable for enforcement in Northern Ireland if—
(a) the Lord Chancellor was given the certificate by the central authority for Scotland, and
(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Northern Ireland than in England and Wales.
(5) The sub-paragraph applies if—
(a) the Lord Chancellor was given the certificate by the competent authority or central authority of another member State (and not by the central authority for Scotland), and
(b) the Lord Chancellor thinks that it is more appropriate for the financial penalty to be enforced in Scotland than in England and Wales or Northern Ireland.
Interpretation
9 Where the person is a body corporate, this Schedule applies as if—
(a) the reference in paragraph 1 to the person being normally resident in England and Wales were a reference to the person having its registered office in England and Wales,
(b) the reference in paragraph 2 to the person being normally resident in Northern Ireland were a reference to the person having its registered office in Northern Ireland, and
(c) any reference to the person being normally resident in the United Kingdom were a reference to the person having its registered office in the United Kingdom.’.—[Mr. Coaker.]
Brought up, read the First and Second time, and added to the Bill.
 
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