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Policing and Crime Bill


Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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18      

Soliciting: England and Wales

Before section 52 of Sexual Offences Act 2003 (c. 42) (but after the italic

heading, which becomes “Prostitution”) insert—

“51A    

Soliciting

(1)   

It is an offence for a person in a street or public place to solicit another

5

(B) for the purpose of obtaining B’s sexual services as a prostitute.

(2)   

The reference to a person in a street or public place includes a person in

a vehicle in a street or public place.

(3)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

10

(4)   

In this section “street” has the meaning given by section 1(4) of the

Street Offences Act 1959.”

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Soliciting: Northern Ireland

For Articles 60 and 61 of the Sexual Offences (Northern Ireland) Order 2008

(S.I. 1769 (N.I. 12)) (kerb-crawling and persistent soliciting) substitute—

15

“60     

Soliciting

(1)   

It is an offence for a person in a street or public place to solicit another

(B) for the purpose of obtaining B’s sexual services as a prostitute.

(2)   

The reference to a person in a street or public place includes a person in

a vehicle in a street or public place.

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(3)   

A person guilty of an offence under this Article shall be liable on

summary conviction to a fine not exceeding level 3 on the standard

scale.”

Closure orders: sexual offences

20      

Closure orders

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(1)   

Schedule 2 (which amends the Sexual Offences Act 2003 to make provision

about closure orders for premises used for activities related to certain sexual

offences) has effect.

(2)   

For the purposes of sections 136B(3) and (4) and 136D(6) and (7) of the 2003 Act

(as inserted by Schedule 2), it does not matter whether the offence or offences

30

were committed before, or on or after, the date on which this section is

commenced.

Orders imposed on sex offenders

21      

Time limits

(1)   

The Sexual Offences Act 2003 is amended as follows.

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Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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(2)   

After section 132 insert—

“132A   

Disapplication of time limit for complaints

Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not

apply to a complaint under any provision of this Part.”

(3)   

In section 136 (modifications for Northern Ireland) after subsection (4) insert—

5

“(4A)   

In section 132A the reference to section 127 of the Magistrates’ Courts

Act 1980 is to be read as a reference to Article 78 of the Magistrates’

Courts (Northern Ireland) Order 1981.”

(4)   

The amendments made by this section apply to a complaint made after the

commencement of this section even if the matter of complaint arose more than

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6 months before the making of the complaint.

22      

Foreign travel orders: grounds

(1)   

In the following provisions of the Sexual Offences Act 2003 (c. 42) for “under

16”, wherever occurring, substitute “under 18”—

(a)   

section 115(2) (definition of “protecting children generally or any child

15

from serious sexual harm from the defendant outside the United

Kingdom”), and

(b)   

section 116(2)(b), (c)(ii) and (iii) and (d) (“qualifying offenders”:

offences).

(2)   

The amendments made by this section apply for the purposes of the making,

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variation, renewal or discharge of orders after the commencement of this

section.

23      

Foreign travel orders: duration

(1)   

In section 117(1) of the Sexual Offences Act 2003 (foreign travel orders: effect)

for “6 months” substitute “5 years”.

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(2)   

The amendment made by this section applies in relation to orders made, varied

or renewed after the commencement of this section.

24      

Foreign travel orders: surrender of passports

(1)   

The Sexual Offences Act 2003 is amended as follows.

(2)   

After section 117 insert—

30

“117A   

Foreign travel orders: surrender of passports

(1)   

This section applies in relation to a foreign travel order which contains

a prohibition within section 117(2)(c).

(2)   

The order must require the defendant to surrender all of the

defendant’s passports, at a police station specified in the order—

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(a)   

on or before the date when the prohibition takes effect, or

(b)   

within a period specified in the order.

(3)   

Any passports surrendered must be returned as soon as reasonably

practicable after the person ceases to be subject to a foreign travel order

containing a prohibition within section 117(2)(c).

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Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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(4)   

Subsection (3) does not apply in relation to—

(a)   

a passport issued by or on behalf of the authorities of a country

outside the United Kingdom if the passport has been returned

to those authorities;

(b)   

a passport issued by or on behalf of an international

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organisation if the passport has been returned to that

organisation.

(5)   

In this section “passport” means—

(a)   

a United Kingdom passport within the meaning of the

Immigration Act 1971;

10

(b)   

a passport issued by or on behalf of the authorities of a country

outside the United Kingdom, or by or on behalf of an

international organisation;

(c)   

a document that can be used (in some or all circumstances)

instead of a passport.”

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(3)   

In section 122 (breach of foreign travel order) after subsection (1) insert—

“(1A)   

A person commits an offence if, without reasonable excuse, the person

fails to comply with a requirement under section 117A(2).”

(4)   

The amendment made by subsection (2) applies in relation to orders made,

varied or renewed after the commencement of this section.

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Sex establishments

25      

Regulation of lap dancing and other sex encounter venues etc

(1)   

Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

(control of sex establishments) is amended as follows.

(2)   

In paragraph 2 (meaning of “sex establishment”) after “means a” insert “sex

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encounter venue,”.

(3)   

After paragraph 2 insert—

“Meaning of “sex encounter venue”

2A    (1)  

In this Schedule “sex encounter venue” means any premises at which

relevant entertainment is provided before a live audience for the

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financial gain of the organiser or the entertainer.

      (2)  

In this paragraph “relevant entertainment” means—

(a)   

any live performance; or

(b)   

any live display of nudity;

           

which is of such a nature that, ignoring financial gain, it must

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reasonably be assumed to be provided solely or principally for the

purpose of sexually stimulating any member of the audience

(whether by verbal or other means).

      (3)  

The following are not sex encounter venues for the purposes of this

Schedule—

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(a)   

sex cinemas and sex shops;

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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(b)   

premises at which relevant entertainment is provided as

mentioned in sub-paragraph (1) less frequently than once a

month;

(c)   

premises specified or described in an order made by the

relevant national authority.

5

      (4)  

The relevant national authority may by order provide for

descriptions of performances, or of displays of nudity, which are not

to be treated as relevant entertainment for the purposes of this

Schedule.

      (5)  

Any power of the relevant national authority to make an order under

10

this paragraph—

(a)   

is exercisable by statutory instrument;

(b)   

may be exercised so as to make different provision for

different cases or descriptions of case or for different

purposes; and

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(c)   

includes power to make supplementary, incidental,

consequential, transitional, transitory or saving provision.

      (6)  

A statutory instrument containing an order made under this

paragraph by the Secretary of State is subject to annulment in

pursuance of a resolution of either House of Parliament.

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      (7)  

A statutory instrument containing an order made under this

paragraph by the Welsh Ministers is subject to annulment in

pursuance of a resolution of the National Assembly for Wales.

      (8)  

For the purposes of this paragraph relevant entertainment is

provided if, and only if, it is provided, or permitted to be provided,

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by or on behalf of the organiser.

      (9)  

For the purposes of this Schedule references to the use of any

premises as a sex encounter venue are to be read as references to their

use by the organiser.

     (10)  

In this paragraph—

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“audience” includes an audience of one;

“display of nudity” means—

(a)   

in the case of a woman, exposure of her nipples, pubic

area, genitals or anus; and

(b)   

in the case of a man, exposure of his pubic area,

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genitals or anus;

“the organiser”, in relation to the provision of relevant

entertainment at premises, means any person who is

responsible for the organisation or management of—

(a)   

the relevant entertainment; or

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(b)   

the premises;

“premises” includes any vessel, vehicle or stall but does not

include any private dwelling to which the public is not

admitted;

“relevant national authority” means—

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(a)   

in relation to England, the Secretary of State; and

(b)   

in relation to Wales, the Welsh Ministers;

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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and for the purposes of sub-paragraphs (1) and (2) it does not matter

whether the financial gain arises directly or indirectly from the

performance or display of nudity.”

(4)   

In paragraph 12(3) (refusal of licences) for paragraph (c) substitute—

“(c)   

that the number of sex establishments, or of sex

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establishments of a particular kind, in the relevant locality at

the time the application is determined is equal to or exceeds

the number which the authority consider is appropriate for

that locality;”.

(5)   

In paragraph 13 (power to prescribe standard conditions)—

10

(a)   

in sub-paragraph (2)(a) after “for” insert “sex encounter venues,”,

(b)   

in sub-paragraph (2)(b) after “of” insert “sex encounter venues,”, and

(c)   

in sub-paragraph (3) for paragraph (d) (as originally enacted)

substitute—

“(d)   

any change from one kind of sex establishment

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mentioned in sub-paragraph (2)(a) above to another

kind of sex establishment so mentioned.”

(6)   

In paragraph 19 (fees in relation to applications) after “grant,” insert

“variation,”.

(7)   

After paragraph 25 (powers of constables and local authority officers) insert—

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“25A  (1)  

A person acting under the authority of a warrant under paragraph

25(4) may seize and remove anything found on the premises

concerned that the person reasonably believes could be forfeited

under sub-paragraph (4).

      (2)  

The person who, immediately before the seizure, had custody or

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control of anything seized under sub-paragraph (1) may request any

authorised officer of a local authority who seized it to provide a

record of what was seized.

      (3)  

The authorised officer must provide the record within a reasonable

time of the request being made.

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      (4)  

The court by or before which a person is convicted of an offence

under paragraph 20 or 23 of this Schedule may order anything—

(a)   

produced to the court; and

(b)   

shown to the satisfaction of the court to relate to the offence;

           

to be forfeited and dealt with in such manner as the court may order.

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      (5)  

But the court may not order the forfeiture of anything under sub-

paragraph (4) if it (whether alone or taken together with other things

being forfeited which appear to the court to have been in the custody

or control of the same person) is worth more than the amount of the

maximum fine specified in paragraph 22(1).

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      (6)  

Sub-paragraph (7) applies if a person claiming to be the owner of, or

otherwise interested in, anything that may be forfeited applies to be

heard by the court.

      (7)  

The court may not order the forfeiture unless the person has had an

opportunity to show why the order should not be made.”

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Policing and Crime Bill
Part 3 — Alcohol misuse

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(8)   

After paragraph 27(10) (appeals) insert—

  “(10A)  

Sub-paragraph (10) does not apply if the grounds for refusing an

application for the renewal of a licence are those set out in paragraph

12(3)(c) or (d) of this Schedule.”

(9)   

Schedule 3 (provisions which are transitional on this section) has effect.

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Part 3

Alcohol misuse

26      

Increase in penalty for offence

In section 12(4) of the Criminal Justice and Police Act 2001 (c. 16) (penalty for

offence of consuming alcohol in a designated public place) for “level 2”

10

substitute “level 4”.

27      

Selling alcohol to children

In section 147A(1)(a) of the Licensing Act 2003 (c. 17) (offence of selling alcohol

to children on different occasions) for “3 or more different occasions” substitute

“2 or more different occasions”.

15

28      

Confiscating alcohol from young persons

(1)   

Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

(confiscation of alcohol from young persons in a public place etc) is amended

as follows.

(2)   

In subsection (1) omit “and to state his name and address”.

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(3)   

After subsection (1) insert—

“(1AA)   

A constable who imposes a requirement on a person under subsection

(1) shall also require the person to state the person’s name and address.

(1AB)   

A constable who imposes a requirement on a person under subsection

(1) may, if the constable reasonably suspects that the person is under

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the age of 16, remove the person to the person’s place of residence or a

place of safety.”

(4)   

Subsection (1A) is omitted.

(5)   

In subsection (3) after “subsection (1)” insert “or (1AA)”.

(6)   

In subsection (4) after “that subsection” insert “or (1AA)”.

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(7)   

In subsection (6) omit “and (1A)”.

29      

Offence of persistently possessing alcohol in a public place

(1)   

A person under the age of 18 is guilty of an offence if, without reasonable

excuse, the person is in possession of alcohol in any relevant place on 3 or more

occasions within a period of 12 consecutive months.

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(2)   

“Relevant place”, in relation to a person, means—

(a)   

any public place, other than licensed premises, or

 
 

Policing and Crime Bill
Part 4 — Proceeds of Crime

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(b)   

any place, other than a public place, to which the person has unlawfully

gained access.

(3)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

(4)   

For the purposes of subsection (2) a place is a public place if at the material time

5

the public or any section of the public has access to it, on payment or otherwise,

as of right or by virtue of express or implied permission.

(5)   

In subsection (2) “licensed premises”—

(a)   

in relation to England and Wales, means premises which may by virtue

of Part 3 or 5 of the Licensing Act 2003 (c. 17) (premises licence or

10

permitted temporary activity) be used for the supply of alcohol,

(b)   

in relation to Northern Ireland, has the same meaning as in the 1996

Order (including the reference to the place or premises specified in an

occasional licence).

(6)   

In this section “alcohol”—

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(a)   

in relation to England and Wales, has the same meaning as in the

Licensing Act 2003,

(b)   

in relation to Northern Ireland, has the same meaning as “intoxicating

liquor” in the 1996 Order.

(7)   

References in this section to the 1996 Order are to the Licensing (Northern

20

Ireland) Order 1996 (S. I. 1996/3158 (N. I. 22)).

30      

Directions to individuals who represent a risk of disorder

In section 27(1) of the Violent Crime Reduction Act 2006 (c. 38) (power to

require person to leave a public place etc) for “aged 16 or over” substitute “aged

10 or over”.

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31      

General licensing conditions relating to alcohol

Schedule 4 (which makes provision about general licensing conditions relating

to alcohol) has effect.

Part 4

Proceeds of Crime

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Confiscation

32      

Recovery of expenses etc

(1)   

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2)   

In section 55 (sums received by designated officer in England and Wales) for

subsection (7) substitute—

35

“(7)   

Subsection (4) does not apply in relation to the remuneration of the

receiver if the receiver is a person falling within subsection (8).

(8)   

The following fall within this subsection—

(a)   

a constable,

 
 

 
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