House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Consideration of Bill: 19 May 2009
918

Policing and Crime Bill, continued

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

41

Page  29,  line  11  [Clause  39],  after ‘is’, insert ‘urgent and’.

Secretary Jacqui Smith

62

Page  31,  line  5  [Clause  45],  at end insert—

‘( )
The Secretary of State must lay any guidance issued or revised under this section

before Parliament.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

36

Page  31,  line  5  [Clause  45],  at end insert—

‘(2A)
Before publishing or revising guidance issued under this section, the Secretary of

State must publish its proposals in draft and consult—

(a)
the Lord Chief Justice; and

(b)
any other person whom the Secretary of State considers to be

appropriate.’.

Secretary Jacqui Smith

63

Page  31,  line  24  [Clause  47],  at end insert—

‘“consultation requirement” has the meaning given by section 36(2);’.

New Clauses and Amendments relating to Part 2

Penalty for contravening notice relating to encrypted information

Secretary Jacqui Smith

NC22

To move the following Clause:—

‘(1)
Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to

comply with notice relating to encrypted information) is amended as follows.

(2)
In subsection (5A)(a) after “case” insert “or a child indecency case”.

(3)
After subsection (5B) insert—

“(6)
In subsection (5A) “a child indecency case” means a case in which the

grounds specified in the notice to which the offence relates as the grounds

for imposing a disclosure requirement were or included a belief that the

imposition of the requirement was necessary for the purpose of

preventing or detecting an offence under any of the provisions listed in

subsection (7).

Consideration of Bill: 19 May 2009
919

Policing and Crime Bill, continued

(7)
Those provisions are—

(a)
section 1 of the Protection of Children Act 1978 (showing or

taking etc an indecent photograph of a child: England and

Wales);

(b)
Article 3 of the Protection of Children (Northern Ireland) Order

1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for

Northern Ireland);

(c)
section 52 or 52A of the Civic Government (Scotland) Act 1982

(showing or taking etc or possessing an indecent photograph of

a child: Scotland);

(d)
section 160 of the Criminal Justice Act 1988 (possessing an

indecent photograph of a child: England and Wales);

(e)
Article 15 of the Criminal Justice (Evidence, Etc.) (Northern

Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding

offence for Northern Ireland).”

(4)
The amendments made by this section apply in relation to cases in which the

section 49 notice was given after the commencement of this section.’.

Loitering: decriminalisation of under 18 year olds

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

Paul Holmes

Mr Andrew Dismore

NC4

To move the following Clause:—

‘(1)
The Street Offences Act 1959 (c. 57) is amended as follows.

(2)
In subsection (1) of section 1, after “prostitute”, insert “aged 18 or over”’.

Protection of children (encrypted material)

Sir Paul Beresford

Chris Grayling

Mr Dominic Grieve

Mr John Randall

James Brokenshire

Mr David Ruffley

NC7

To move the following Clause:—

‘(1)
Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to

comply with a notice) is amended as follows—

(a)
in subsection 5A, after paragraph (a), insert—

Consideration of Bill: 19 May 2009
920

Policing and Crime Bill, continued

“(aa)
where subsection 5C applies, five years;”,

(b)
after subsection 5B, insert—

“(5C)
This section applies where—

(a)
the offender has been previously convicted of a relevant

sexual offence,

(b)
an indecent photograph of a child as been found in his

possession, or

(c)
the court is satisfied that it is more likely than not that the

protected information may contain an indecent

photograph of a child.

(5D)
For the purposes of subsection (5C)—

“relevant sexual offence” means an offence under—

(a)
section 1 of the Protection of Children Act 1978 (c. 37)

(indecent photographs of children);

(b)
section 160 of the Criminal Justice Act 1988 (c. 33)

(possession of indecent photographs of a child);

(c)
section 170 of the Customs and Excise Management Act

1979 (c. 2) (penalty for fraudulent evasion of duty etc) in

relation to goods prohibited to be imported under section

42 of the Customs Consolidation Act 1876 (c. 36)

(indecent or obscene articles), if the prohibited goods

included indecent photographs of persons under 16;

(d)
sections 48 to 50 of the Sexual Offences Act 2003 (c. 42)

(abuse of children through prostitution or pornography)

where the victim was under 18 and involved in

pornography;


“indecent photograph of a child” has the same definition as in

sections 1 and 7 of the Protection of Children Act 1978 (c. 37)

and for the avoidance of doubt includes a reference to a pseudo-

photograph of a child or a tracing of an indecent photograph

within the meaning of section 7(4A) of that Act.”.

(2)
In Schedule 3 of the Sexual Offences Act 2003 (c. 42), after paragraph 35 insert—

“(36)
An offence under s. 53 of the Regulation of Investigatory Powers Act

2000 (c. 23) where subsection (5C) applies.”’.

Paying for sexual services of a prostitute known to be trafficked or coerced: England and

Wales

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

Paul Holmes

Mr Andrew Dismore

NC25

To move the following Clause:—

‘After section 53 of the Sexual Offences Act 2003 (c. 42) insert—

Consideration of Bill: 19 May 2009
921

Policing and Crime Bill, continued

“53A
Paying for sexual services of a prostitute known to be trafficked or

coerced: England and Wales

(1)
A person (A) commits an offence if—

(a)
A makes or promises payment for, or uses, the sexual services of

prostitute (B), and

(b)
A knows, or ought to know,

(i)
that B is the victim of trafficking.

(ii)
that the sexual services have been provided through

coercion of B,

(iii)
that B has provided sexual services in order to gain

access to controlled drugs, or

(iv)
that a third party has influenced the activity of B by

direction or instruction in circumstances where B does

not freely consent to such direction or instruction.

(2)
It is irrelevant where the sexual services have been or will be provided.

(3)
In this section, ‘trafficking’ means the recruitment, transportation,

transfer, harbouring or receipt of persons, by means of the threat or use

of force or other forms of coercion, of abduction, of fraud, of deception,

of the abuse of power or of a position of vulnerability or of the giving or

receiving of payments or benefits to achieve the consent of a person

having control over another person, for the purpose of exploitation.

(4)
In this section, ‘coercion of B’ includes—

(a)
violence against B or another person,

(b)
threats against B or another person, or

(c)
intimidation of B.

(5)
A person guilty of an offence under this section is liable—

(a)
on summary conviction, to imprisonment for a term not

exceeding 6 months, or a fine not exceeding the statutory

maximum, or both;

(b)
on conviction on indictment, to imprisonment for a term not

exceeding 14 years.”’.

Paying for sexual services of a prostitute known to be trafficked or coerced: Northern

Ireland

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

Paul Holmes

Mr Andrew Dismore

NC26

To move the following Clause:—

‘After Article 64 of the Sexual Offences (Northern Ireland) Order 2008 (S.I.

1769) (N.I. 12)) insert—