|
| |
|
16 | 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 |
| |
| |
“(2A) | The court may deal with a person convicted of an offence under this |
| 5 |
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— |
| 10 |
(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. |
| 15 |
(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). |
| 20 |
(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 |
| 25 |
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 |
| 30 |
while the order is in force. |
| |
(5) | The supervisor must determine— |
| |
(a) | the times of the meetings required by the order and their |
| |
| |
(b) | the places at which they are held. |
| 35 |
| |
(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. |
| 40 |
(7) | The court making the order must provide copies of it to the offender |
| |
| |
(8) | Subsection (9) applies where— |
| |
|
| |
|
| |
|
(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— |
| 5 |
(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 |
| |
| 15 |
| |
(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 |
| |
| |
(4) | At the end of the Act insert the Schedule set out in Schedule 1 to this Act. |
| 20 |
17 | Rehabilitation of offenders: orders under section 1(2A) of the Street Offences |
| |
| |
(1) | The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows. |
| |
(2) | In section 5 (rehabilitation periods for particular sentences) after subsection |
| |
| 25 |
“(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— |
| 30 |
“(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 |
| 35 |
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 |
| 40 |
| |
| 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 |
| 45 |
| |
|
| |
|
| |
|
18 | Soliciting: England and Wales |
| |
Before section 52 of Sexual Offences Act 2003 (c. 42) (but after the italic |
| |
heading, which becomes “Prostitution”) insert— |
| |
| |
(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.” |
| |
19 | 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 |
| |
(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. |
| 20 |
(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 |
| |
| |
Closure orders: sexual offences |
| |
| 25 |
(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 |
| |
| |
(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 |
| |
| |
Orders imposed on sex offenders |
| |
| |
(1) | The Sexual Offences Act 2003 is amended as follows. |
| 35 |
|
| |
|
| |
|
(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 |
| 10 |
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 |
| |
| |
(b) | section 116(2)(b), (c)(ii) and (iii) and (d) (“qualifying offenders”: |
| |
| |
(2) | The amendments made by this section apply for the purposes of the making, |
| 20 |
variation, renewal or discharge of orders after the commencement of this |
| |
| |
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”. |
| 25 |
(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— |
| 35 |
(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). |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
(b) | a passport issued by or on behalf of an international |
| 5 |
organisation if the passport has been returned to that |
| |
| |
(5) | In this section “passport” means— |
| |
(a) | a United Kingdom passport within the meaning of the |
| |
| 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) |
| |
| 15 |
(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. |
| 20 |
| |
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 |
| 25 |
| |
(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 |
| 30 |
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 |
| 35 |
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 |
| |
| 40 |
(a) | sex cinemas and sex shops; |
| |
|
| |
|
| |
|
(b) | premises at which relevant entertainment is provided as |
| |
mentioned in sub-paragraph (1) less frequently than once a |
| |
| |
(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 |
| |
| |
(5) | Any power of the relevant national authority to make an order under |
| 10 |
| |
(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 |
| |
| 15 |
(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. |
| 20 |
(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, |
| 25 |
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 |
| |
| |
| 30 |
“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, |
| 35 |
| |
“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 |
| 40 |
| |
“premises” includes any vessel, vehicle or stall but does not |
| |
include any private dwelling to which the public is not |
| |
| |
“relevant national authority” means— |
| 45 |
(a) | in relation to England, the Secretary of State; and |
| |
(b) | in relation to Wales, the Welsh Ministers; |
| |
|
| |
|
| |
|
| 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 |
| 5 |
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 |
| |
| |
(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) |
| |
| |
“(d) | any change from one kind of sex establishment |
| 15 |
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 |
| |
| |
(7) | After paragraph 25 (powers of constables and local authority officers) insert— |
| 20 |
“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 |
| |
| |
(2) | The person who, immediately before the seizure, had custody or |
| 25 |
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. |
| 30 |
(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. |
| 35 |
(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). |
| 40 |
(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 |
| |
| |
(7) | The court may not order the forfeiture unless the person has had an |
| |
opportunity to show why the order should not be made.” |
| 45 |
|
| |
|