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| | | (iv) | that a third party has influenced the activity of B by |
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| | | direction or instruction in circumstances where B does |
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| | | not freely consent to such direction or instruction. |
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| | | (2) | It is irrelevant where the sexual services have been or will be provided. |
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| | | (3) | In this section, ‘trafficking’ means the recruitment, transportation, |
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| | | transfer, harbouring or receipt of persons, by means of the threat or use |
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| | | of force or other forms of coercion, of abduction, of fraud, of deception, |
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| | | of the abuse of power or of a position of vulnerability or of the giving or |
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| | | receiving of payments or benefits to achieve the consent of a person |
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| | | having control over another person, for the purpose of exploitation. |
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| | | (4) | In this section, ‘coercion of B’ includes— |
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| | | (a) | violence against B or another person, |
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| | | (b) | threats against B or another person, or |
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| | | |
| | | (5) | A person guilty of an offence under this section is liable— |
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| | | (a) | on summary conviction, to imprisonment for a term not |
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| | | exceeding 6 months, or a fine not exceeding the statutory |
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| | | (b) | on conviction on indictment, to imprisonment for a term not |
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| | Page 15, line 25, leave out Clause 13. |
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| | Page 16, line 5, leave out Clause 14. |
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| | Page 2 [Clause 2], leave out lines 13 to 16 and insert ‘up to ten persons nominated by |
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| | the Secretary of State after consultation with the Association of Police Authorities and the |
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| | Association of Chief Police Officers.’. |
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| | Page 2, line 22 [Clause 2], after ‘reports’, insert ‘, which shall be published and |
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| | automatically laid before Parliament’. |
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| | Page 3, line 6 [Clause 2], after ‘panel’, insert ‘and Her Majesty’s Inspectors of |
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| | Constabulary shall submit an annual report to the Secretary of State on the operation of |
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| | the Senior Appointments process in each police force area’. |
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| | Page 6, line 41 [Clause 5], at end insert ‘and a collaboration agreement shall |
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| | include procedures for achieving a settlement of all outstanding financial and legal |
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| | liabilities between parties upon a party terminating its contractual obligations under a |
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| | collaboration agreement’. |
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| | Page 8, line 17 [Clause 5], at end insert— |
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| | | ‘(3) | The period of notice shall be such as the Secretary of State sees fit.’. |
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| | | Protection of children from harm |
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| | To move the following Clause:— |
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| | | ‘(1) | The Violent Crime Reduction Act 2006 (c. 38) is amended as follows. |
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| | | (2) | After section 27 insert— |
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| | | “27A | Protection of children from harm |
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| | | A constable who imposes a requirement on a person under section 27(1) |
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| | | must, if the constable reasonably suspects that the person is under the age |
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| | | of 16, remove the person to the person’s place of residence or a place of |
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| | | Orders under Licensing Act 2003 |
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| | To move the following Clause:— |
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| | | ‘(1) | The Licensing Act 2003 (c. 17) is amended as follows. |
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| | | (2) | After section 197(3)(a) insert— |
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| | | “(aa) | an order under section 19A (Power of Secretary of State to |
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| | | impose section 19(4) mandatory conditions), |
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| | | (ab) | regulations under section 21A (General conditions for existing |
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| | | |
| | | (ac) | an order under section 73B (Power of Secretary of State to |
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| | | impose section 73A mandatory conditions), |
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| | | (ad) | regulations under section 74A (General conditions for existing |
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| | | |
| | | (3) | For section 197(4) substitute— |
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| | | “(4) | A statutory instrument containing an order within subsection (3)(aa), |
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| | | (ab), (ac), (ad), (b), (c), (d), (e) or (g) is not to be made unless a draft of |
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| | | the instrument containing the order has been laid before and approved by |
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| | | a resolution of each House of Parliament.”’. |
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| | Page 26, line 20 [Clause 32], at end add— |
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| | | ‘(6) | In this section “gang” means a group of people who see themselves or are seen by |
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| | | others as a discernable group and exhibit any one or more of the following |
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| | | |
| | | (a) | engaging in criminal activity; |
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| | | (b) | identifying with a particular geographical area; |
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| | | (c) | having some form of identifying organisational feature; |
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| | | (d) | being in conflict with other similar gangs.’. |
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| | Page 28, line 10 [Clause 36], at end insert— |
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| | | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
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| | | applicant chief officer considers would be appropriate to consult; and |
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| | | (d) | any youth offending team, local probation service or office of the |
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| | | National Offender Management Service that the applicant chief officer |
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| | | considers would be appropriate to consult.’. |
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| | Page 28, line 16 [Clause 36], at end insert— |
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| | | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
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| | | constable considers would be appropriate to consult; and |
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| | | (d) | any youth offending team, local probation service or office of the |
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| | | National Offender Management Service that the constable considers |
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| | | would be appropriate to consult.’. |
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| | Page 28, line 22 [Clause 36], at end insert— |
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| | | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
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| | | applicant local authority considers would be appropriate to consult; and |
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| | | (d) | any youth offending team, local probation service or office of the |
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| | | National Offender Management Service that the applicant local authority |
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| | | considers would be appropriate to consult.’. |
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| | Page 43, line 17 [Clause 52], leave out ‘magistrate’s court’ and insert ‘Crown |
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| | Page 43, line 39 [Clause 52], leave out sub-paragraph (5). |
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| | Page 43, line 43 [Clause 52], at end insert— |
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| | | ‘47MA | Right of third parties to make representations |
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| | | (1) | The Crown Court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before making an order under |
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| | | section 47M if it considers that the making of the order would be likely to have a |
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| | | significant adverse effect on that person. |
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| | | (2) | The Crown Court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before it about the variation |
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| | | of an order under section 47M if it consders that— |
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| | | (a) | the variation of the order; or |
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| | | (b) | a decision not to vary it; |
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| | | | would be likely to have a significant adverse effect on that person. |
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| | | (3) | The Crown Court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before it about the discharge |
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| | | of an order under section 47M if it considers that— |
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| | | (a) | the discharge of the order; or |
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| | | (b) | a decision not to discharge it; |
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| | | | would be likely to have a significant adverse effect on that person. |
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| | | (4) | The Court of Appeal which is considering an appeal in relation to an order under |
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| | | section 47M must, on an application by a person, give the person an opportunity |
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| | | to make representations in the proceedings if that person was given an |
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| | | opportunity to make representations in the proceedings which are the subject of |
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| | Page 44, line 23 [Clause 52], leave out ‘magistrates’ court’ and insert ‘Crown |
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| | Page 44, line 25 [Clause 52], leave out ‘Crown Court’ and insert ‘Court of |
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| | Page 44, line 27 [Clause 52], leave out ‘Crown Court’ and insert ‘Court of |
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| | Page 44, line 28 [Clause 52], leave out ‘magistrates’ court’s’ and insert ‘Crown |
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| | Page 44, line 31 [Clause 52], leave out sub-paragraph (3). |
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| | Page 53, line 17 [Clause 53], at end insert— |
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| | | ‘127MA | Right of third parties to make representations |
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| | | (1) | The Sheriff must, on an application by a person, give the person an opportunity |
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| | | to make representations in proceedings before making an order under section |
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| | | 127M if he considers that the making of the order would be likely to have a |
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| | | significant adverse effect on that person. |
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| | | (2) | The Sheriff must, on an application by a person, give the person an opportunity |
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| | | to make representations in proceedings before him about the variation of an order |
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| | | under section 127M if it considers that— |
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| | | (a) | the variation of the order; or |
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| | | (b) | a decision not to vary it; |
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| | | would be likely to have a significant adverse effect on that person. |
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| | | (3) | The Sheriff must, on an application by a person, give the person an opportunity |
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| | | to make representations in proceedings before him about the discharge of an order |
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| | | under section 127M if he considers that— |
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| | | (a) | the discharge of the order; or |
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| | | (b) | a decision not to discharge it; |
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| | | would be likely to have a significant adverse effect on that person. |
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| | | (4) | The Court of Session which is considering an appeal in relation to an order under |
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| | | section 127M must, on an application by a person, give the person an opportunity |
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| | | to make representations in the proceedings if that person was given an |
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| | | opportunity to make representations in the proceedings which are the subject of |
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| | Page 61, line 34 [Clause 54], leave out ‘magistrates’ court’ and insert ‘county |
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| | Page 62, line 9 [Clause 54], leave out sub-paragraph (5). |
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| | Page 62, line 13 [Clause 54], at end insert— |
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| | | ‘195MA | Right of third parties to make representations |
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| | | (1) | The county court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before making an order under |
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| | | section 195M if it considers that the making of the order would be likely to have |
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| | | a significant adverse effect on that person. |
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| | | (2) | The county court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before it about the variation |
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| | | of an order under section 195M if it considers that— |
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| | | (a) | the variation of the order; or |
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| | | (b) | a decision not to vary it; |
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| | | would be likely to have a significant adverse effect on that person. |
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| | | (3) | The county court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before it about the discharge |
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| | | of an order under section 195M if it considers that— |
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| | | (a) | the discharge of the order; or |
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| | | (b) | a decision not to discharge it; |
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| | | would be likely to have a significant adverse effect on that person. |
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