Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments
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Orders requiring attendance at meetings
(1)
The Street Offences Act 1959 (c. 57) is amended as follows.
(2)
In section 1 (loitering or soliciting for purposes of prostitution) after subsection
(2) insert—
“(2A)
The court may deal with a person convicted of an offence under this
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section by making an order requiring the offender to attend three
meetings with the person for the time being specified in the order (“the
supervisor”) or with such other person as the supervisor may direct.
(2B)
The purpose of an order under subsection (2A) is to assist the offender,
through attendance at those meetings, to—
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(a)
address the causes of the conduct constituting the offence, and
(b)
find ways to cease engaging in such conduct in the future.
(2C)
Where the court is dealing with an offender who is already subject to
an order under subsection (2A), the court may not make a further order
under that subsection unless it first revokes the existing order.
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(2D)
If the court makes an order under subsection (2A) it may not impose
any other penalty in respect of the offence.”
(3)
After section 1 insert—
“1A
Orders under section 1(2A): supplementary
(1)
This section applies to an order under section 1(2A).
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(2)
The order may not be made unless a suitable person has agreed to act
as supervisor in relation to the offender.
(3)
In subsection (2) “suitable person” means a person appearing to the
court to have appropriate qualifications or experience for helping the
offender to make the best use of the meetings for the purpose
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mentioned in section 1(2B).
(4)
The order must specify—
(a)
a date (not more than six months after the date of the order) by
which the meetings required by the order must take place;
(b)
the local justice area in which the offender resides or will reside
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while the order is in force.
(5)
The supervisor must determine—
(a)
the times of the meetings required by the order and their
duration, and
(b)
the places at which they are held.
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(6)
The supervisor must—
(a)
make any arrangements that are necessary to enable the
meetings required by the order to take place; and
(b)
once the order has been complied with, notify the court which
made the order of that fact.
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(7)
The court making the order must provide copies of it to the offender
and the supervisor.
(8)
Subsection (9) applies where—

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Part 2 — Sexual offences and sex establishments
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(a)
the order is made by the Crown Court, or
(b)
the order is made by a magistrates’ court but specifies a local
justice area for which the court making the order does not act.
(9)
The court must provide to a magistrates’ court acting for the local
justice area specified in the order—
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(a)
a copy of the order, and
(b)
any documents and information relating to the case that it
considers likely to be of assistance to that court in the exercise of
any functions in relation to the order.
(10)
The order ceases to be in force (unless revoked earlier under section
10
1(2C) or under the Schedule to this Act)—
(a)
at the end of the day on which the supervisor notifies the court
that the order has been complied with, or
(b)
at the end of the day specified in the order under subsection
(4)(a),
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whichever first occurs.
(11)
The Schedule to this Act (which relates to failure to comply with orders
under section 1(2A) and to the revocation or amendment of such
orders) has effect.”
(4)
At the end of the Act insert the Schedule set out in Schedule 1 to this Act.
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Rehabilitation of offenders: orders under section 1(2A) of the Street Offences
Act 1959
(1)
The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.
(2)
In section 5 (rehabilitation periods for particular sentences) after subsection
(4C) insert—
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“(4D)
The rehabilitation period applicable to an order under section 1(2A) of
the Street Offences Act 1959 shall be six months from the date of
conviction for the offence in respect of which the order is made.”
(3)
In section 6 of that Act (the rehabilitation period applicable to a conviction)
after subsection (3) insert—
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“(3A)
Without prejudice to subsection (2), where—
(a)
an order is made under section 1(2A) of the Street Offences Act
1959 in respect of a conviction,
(b)
after the end of the rehabilitation period applicable to the
conviction the offender is dealt with again for the offence for
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which that order was made, and
(c)
the rehabilitation period applicable to the conviction in
accordance with subsection (2) (taking into account any
sentence imposed when so dealing with the offender) ends later
than the rehabilitation period previously applicable to the
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conviction,

the offender shall be treated for the purposes of this Act as not having
become a rehabilitated person in respect of that conviction, and that
conviction shall for those purposes be treated as not having become
spent, in relation to any period falling before the end of the new
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rehabilitation period.”

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments
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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
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(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.
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(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—
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“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
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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
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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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(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—
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“(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.
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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
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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.
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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.
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Foreign travel orders: surrender of passports
(1)
The Sexual Offences Act 2003 is amended as follows.
(2)
After section 117 insert—
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“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
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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;
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(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
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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;

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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.
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      (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
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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;

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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)—
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(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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