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| | (2) | The period specified in subsection (1) above must not exceed four weeks. |
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| | (3) | Interim injunctions granted under sections 38 or 39 may not be renewed.’. |
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| Page 26, line 5 [Clause 32], leave out ‘two’ and insert ‘four’. |
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| Page 26, line 6 [Clause 32], leave out ‘on the balance of probabilities’ and insert |
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| ‘beyond reasonable doubt’. |
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| Page 26, line 6 [Clause 32], leave out ‘on the balance of probabilities’ and insert |
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| ‘to the criminal standard of proof’. |
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| Page 26, line 13 [Clause 32], leave out paragraph (b). |
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| Page 26, line 13 [Clause 32], at end insert— |
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| | ‘(3A) | The third condition is that the applicant has demonstrated that prosecution of the |
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| | respondent for a criminal offence was considered but not proceeded with.’. |
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| Page 26, line 13 [Clause 32], at end insert— |
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| | ‘(3B) | The fourth condition is that the respondent is aged 18 or over.’. |
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| Page 26, line 17 [Clause 32], leave out paragraph (b). |
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| Page 26, line 19 [Clause 32], leave out from first ‘of’ to end of line 20 and insert ‘, |
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| or is otherwise related to, the activities of a group that— |
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| | (a) | consists of at least 3 people, |
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| | (b) | uses a name, emblem or colour or has any other characteristic that |
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| | enables its members to be identified by others as a group, and |
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| | (c) | is associated with a particular area.’. |
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| Page 26, line 19 [Clause 32], after ‘a’, insert ‘criminal’. |
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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 26, line 32 [Clause 33], leave out subsections (3) and (4). |
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| Page 27, line 4 [Clause 33], leave out ‘and requirements’. |
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| Page 27, line 9 [Clause 33], leave out ‘or (3)’. |
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| Page 27, line 13 [Clause 34], leave out ‘or requirement’. |
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| Page 27, line 14 [Clause 34], leave out from ‘injunction,’ to end of line 16 and |
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| insert ‘the period for which it shall be in force.’. |
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| Page 27, line 16 [Clause 34], at end insert ‘except that no injunction shall remain in |
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| force for a period longer than two years from the date it is made.’. |
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| Page 27, line 16 [Clause 34], at end insert— |
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| | ‘(2A) | The period specified in subsection (2) above must not exceed three years. |
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| | (2B) | Injunctions granted under section 32 may not be renewed.’. |
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| Page 27, line 23 [Clause 34], leave out paragraph (b). |
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| Page 27, line 26 [Clause 34], leave out ‘or requirement’. |
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| Page 28, line 4 [Clause 36], leave out subsections (2) to (4) and insert— |
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| | ‘( ) | The consultation requirement is that the applicant must consult— |
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| | (a) | any local authority, and any chief officer of police, that the applicant |
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| | thinks it appropriate to consult, and |
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| | (b) | any other body or individual that the applicant thinks it appropriate to |
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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 29, line 11 [Clause 39], after ‘is’, insert ‘urgent and’. |
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| Page 31, line 5 [Clause 45], at end insert— |
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| | ‘( ) | The Secretary of State must lay any guidance issued or revised under this section |
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| Page 31, line 5 [Clause 45], at end insert— |
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| | ‘(2A) | Before publishing or revising guidance issued under this section, the Secretary of |
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| | State must publish its proposals in draft and consult— |
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| | (a) | the Lord Chief Justice; and |
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| | (b) | any other person whom the Secretary of State considers to be |
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| Page 31, line 24 [Clause 47], at end insert— |
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| | ‘“consultation requirement” has the meaning given by section 36(2);’. |
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| New Clauses and Amendments relating to Part 2 |
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| | Penalty for contravening notice relating to encrypted information |
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| To move the following Clause:— |
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| | ‘(1) | Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to |
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| | comply with notice relating to encrypted information) is amended as follows. |
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| | (2) | In subsection (5A)(a) after “case” insert “or a child indecency case”. |
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| | (3) | After subsection (5B) insert— |
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| | “(6) | In subsection (5A) “a child indecency case” means a case in which the |
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| | grounds specified in the notice to which the offence relates as the grounds |
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| | for imposing a disclosure requirement were or included a belief that the |
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| | imposition of the requirement was necessary for the purpose of |
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| | preventing or detecting an offence under any of the provisions listed in |
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| | |
| | (7) | Those provisions are— |
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| | (a) | section 1 of the Protection of Children Act 1978 (showing or |
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| | taking etc an indecent photograph of a child: England and |
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| | |
| | (b) | Article 3 of the Protection of Children (Northern Ireland) Order |
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| | 1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for |
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| | |
| | (c) | section 52 or 52A of the Civic Government (Scotland) Act 1982 |
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| | (showing or taking etc or possessing an indecent photograph of |
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| | (d) | section 160 of the Criminal Justice Act 1988 (possessing an |
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| | indecent photograph of a child: England and Wales); |
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| | (e) | Article 15 of the Criminal Justice (Evidence, Etc.) (Northern |
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| | Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding |
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| | offence for Northern Ireland).” |
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| | (4) | The amendments made by this section apply in relation to cases in which the |
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| | section 49 notice was given after the commencement of this section.’. |
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| |
| | Loitering: decriminalisation of under 18 year olds |
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| | Negatived on division NC4 |
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| To move the following Clause:— |
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| | ‘(1) | The Street Offences Act 1959 (c. 57) is amended as follows. |
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| | (2) | In subsection (1) of section 1, after “prostitute”, insert “aged 18 or over”’. |
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| |
| | Protection of children (encrypted material) |
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| |
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| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to |
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| | comply with a notice) is amended as follows— |
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| | (a) | in subsection 5A, after paragraph (a), insert— |
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| | “(aa) | where subsection 5C applies, five years;”, |
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| | (b) | after subsection 5B, insert— |
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| | “(5C) | This section applies where— |
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| | (a) | the offender has been previously convicted of a relevant |
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| | |
| | (b) | an indecent photograph of a child as been found in his |
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| | |
| | (c) | the court is satisfied that it is more likely than not that the |
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| | protected information may contain an indecent |
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| | |
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| |
| |
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| | (5D) | For the purposes of subsection (5C)—
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| | “relevant sexual offence” means an offence under— |
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| | (a) | section 1 of the Protection of Children Act 1978 (c. 37) |
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| | (indecent photographs of children); |
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| | (b) | section 160 of the Criminal Justice Act 1988 (c. 33) |
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| | (possession of indecent photographs of a child); |
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| | (c) | section 170 of the Customs and Excise Management Act |
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| | 1979 (c. 2) (penalty for fraudulent evasion of duty etc) in |
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| | relation to goods prohibited to be imported under section |
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| | 42 of the Customs Consolidation Act 1876 (c. 36) |
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| | (indecent or obscene articles), if the prohibited goods |
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| | included indecent photographs of persons under 16; |
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| | (d) | sections 48 to 50 of the Sexual Offences Act 2003 (c. 42) |
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| | (abuse of children through prostitution or pornography) |
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| | where the victim was under 18 and involved in |
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| | |
| | | “indecent photograph of a child” has the same definition as in |
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| | sections 1 and 7 of the Protection of Children Act 1978 (c. 37) |
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| | and for the avoidance of doubt includes a reference to a pseudo- |
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| | photograph of a child or a tracing of an indecent photograph |
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| | within the meaning of section 7(4A) of that Act.”. |
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| | (2) | In Schedule 3 of the Sexual Offences Act 2003 (c. 42), after paragraph 35 insert— |
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| | “(36) | An offence under s. 53 of the Regulation of Investigatory Powers Act |
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| | 2000 (c. 23) where subsection (5C) applies.”’. |
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| |
| | Paying for sexual services of a prostitute known to be trafficked or coerced: England and |
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| | |
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| | Negatived on division NC25 |
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| To move the following Clause:— |
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| | ‘After section 53 of the Sexual Offences Act 2003 (c. 42) insert— |
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| | “53A | Paying for sexual services of a prostitute known to be trafficked or |
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| | coerced: England and Wales |
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| | (1) | A person (A) commits an offence if— |
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| | (a) | A makes or promises payment for, or uses, the sexual services of |
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| | |
| | (b) | A knows, or ought to know, |
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| | (i) | that B is the victim of trafficking. |
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| | (ii) | that the sexual services have been provided through |
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| | |
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