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Injunctions to prevent gang-related violence

Amendment made: 60, page 26, line 19, leave out from first ‘of’ to end of line 20 and insert

‘, or is otherwise related to, the activities of a group that—

(a) consists of at least 3 people,

(b) uses a name, emblem or colour or has any other characteristic that enables its members to be identified by others as a group, and

(c) is associated with a particular area.’.— (Mr. Coaker.)

Clause 36


Consultations by applicants for injunctions

Amendment made: 61, page 28, line 4, leave out subsections (2) to (4) and insert—

‘( ) The consultation requirement is that the applicant must consult—

(a) any local authority, and any chief officer of police, that the applicant thinks it appropriate to consult, and

(b) any other body or individual that the applicant thinks it appropriate to consult.’.— (Mr. Coaker.)

Clause 45


Guidance

Amendment made: 62, page 31, line 5, at end insert—

‘( ) The Secretary of State must lay any guidance issued or revised under this section before Parliament.’.— (Mr. Coaker.)

Clause 47


Interpretation

Amendment made: 63, page 31, line 24, at end insert—

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

New Clause 22


Penalty for contravening notice relating to encrypted information

‘(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).


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(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.’.— (Mr. Campbell.)

Brought up, and read the First time.

Mr. Alan Campbell: I beg to move, That the clause be read a Second time.

Madam Deputy Speaker (Sylvia Heal): With this it will be convenient to discuss the following:

New clause 4— Loitering: decriminalisation of under 18 year olds—

‘(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”’.

New clause 7— Protection of children (encrypted material)—

‘(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—

“(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.”.


19 May 2009 : Column 1398

(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.”’.

New clause 25— Paying for sexual services of a prostitute known to be trafficked or coerced: England and Wales—

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

“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.”’.

New clause 26— Paying for sexual services of a prostitute known to be trafficked or coerced: Northern Ireland—

‘After Article 64 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769) (N.I. 12)) insert—

“64A Paying for sexual services of a prostitute known to be trafficked or coerced: Northern Ireland

(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
19 May 2009 : Column 1399
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.”’.

New clause 37— Definition of a brothel—

‘(1) The Sexual Offences Act 1956 is amended as follows.

(2) After section 33A insert—

“33B Definition of a brothel

(1) Premises shall not be regarded as a brothel where—

(a) no more than two prostitutes, with or without a maid, are working together or separately on any given day; and

(b) each prostitute retains control over her or his individual earnings from the prostitution carried out at the premises.

(2) In this section ‘prostitute’ has the meaning given by section 51(2) of the Sexual Offence Act 2003.”’.

New clause 38— Decriminalisation of associated workers in brothels—

‘(1) The Sexual Offences Act 1956 is amended as follows.

(2) After section 33A insert—

“33B Associated workers in brothels

For the purposes of section 33 and 33A, a person who is not directly involved in the provision of sexual services is not to be treated as assisting in the management of a brothel by reason only of being employed in a brothel.”’.

Amendment 142, in page 15, line 25, leave out clause 13.

Amendment 211, in clause 13, page 15, line 27, leave out from beginning to end of line 2 on page 16 and insert—

‘“53A Paying for sexual services of a trafficked prostitute

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

(a) A makes or promises payment for the sexual services of a prostitute (B), and

(b) B has been trafficked, and

(c) A is aware, or ought to be aware, that B has been trafficked.

(2) Whether A ought to be aware that B has been trafficked is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B has been trafficked.

(3) It is irrelevant where in the world the sexual services are to be provided and whether those services are provided.”’.

Government amendment 46.

Government amendment 47, page 15, line 30, leave out from ‘(B),’ to end of line 32 and insert—

‘(b) a third person (C) has used force, deception or threats of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

(c) C acted for or in the expectation of gain for C or another person (apart from A or B).’.

Amendment (a) to Government amendment 47, in line 2, leave out ‘of a kind likely to induce or encourage’ and insert ‘which caused’.

Amendment 235, page 15, line 31, at beginning insert

‘A knows or ought to know that’.
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Amendment 236, page 15, line 36, leave out paragraph (b).

Government amendments 48 and 49.

Amendment 237, page 16, line 3, leave out subsection (4) and insert—

‘(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.’.

Amendment 215, page 16, line 4, at end add—

‘(5) For the purposes of this section “force” includes coercion by threats or other psychological means including exploitation of vulnerability.’.

Amendment 143, in page 16, line 5, leave out clause 14.

Government amendment 50.

Government amendment 51, in clause 14, page 16, line 11, leave out from ‘(B),’ to end of line 13 and insert—

‘(b) a third person (C) has used force, deception or threats of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

(c) C acted for or in the expectation of gain for C or another person (apart from A or B).’.

Amendment (a) to Government amendment 51, in line 2, leave out ‘of a kind likely to induce or encourage’ and insert ‘which caused’.

Amendment 238, page 16, line 12, at beginning insert

‘A knows or ought to know that’.

Amendment 239, page 16, line 17, leave out paragraph (b).

Government amendments 52 and 53.

Amendment 240, page 16, line 21, leave out subsection (4) and insert—

‘(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.’.

Amendment 216, page 16, line 23, at end add—

‘(5) For the purposes of this section “force” includes coercion by threats or other psychological means including exploitation of vulnerability.’.

Amendment 6, in clause 15, page 16, line 32, leave out ‘three months’ and insert ‘one week’.

Amendment 7, page 17, line 1, leave out clause 16.

Amendment 194, in clause 25, page 22, leave out lines 1 to 3.

Government amendments 54 to 59.

Amendment 199, in schedule 3, page 149, line 3, leave out paragraphs 1 and 2.

Government amendment 119.


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