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back to previous amendments
| 178 | Page 33, leave out line 24 |
| 178ZA | Page 33, line 24, leave out "likely" and insert "primarily" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 178A | Page 33, line 39, at end insert— |
| "( ) | The amendments made by subsection (2) of section 39 apply only where every act or other event proof of which is required for conviction of an offence under section 1 of the 1990 Act takes place after that subsection comes into force." |
| 178B | Page 33, line 41, at beginning insert "subsection (3) of" |
| 178C | Page 33, line 43, leave out "section" and insert "subsection" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 179 | Insert the following new Clause— |
| | "Encrypted data and indecent photographs of a child |
| (1) | The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows. |
| (2) | In section 53 (failure to comply with a notice)— |
| (a) | after paragraph (a) of subsection (5A) there is inserted— |
| "(aa) | in a case to which subsection (6) applies, seven years;"; |
| (b) | after subsection (5B) there is inserted— |
| "(6) | This subsection applies where— |
| (a) | a person has been previously convicted of an offence contrary to section 1 of the Protection of Children Act 1978 or section 160 of the Criminal Justice Act 1988; |
| (b) | the apparatus or data storage device containing the protected information contains an indecent photograph or pseudo-photograph of a child; |
| (c) | the apparatus or data storage device containing the protected information has come into the possession of any person together with other apparatus or a data storage device which contains an indecent photograph or pseudo-photograph of a child; or |
| (d) | the court is satisfied that the protected information is likely to contain an indecent photograph or pseudo-photograph of a child. |
| (7) | This subsection will not apply where the person to whom the notice is given can show that the protected information does not contain an indecent photograph or pseudo-photograph of a child. |
| (8) | "Indecent photograph or pseudo-photograph of a child" shall have the same meaning as in the Protection of Children Act 1978." |
| (3) | After paragraph 36 of Schedule 3 to the Sexual Offences Act 2003 (c. 42) there is inserted— |
| | "36A An offence under section 53 of the Regulation of Investigatory Powers Act 2000 if subsection (6) of that section applies."" |
| 180 | Insert the following new Clause— |
| | "Offences requiring notification |
| | After paragraph 29 of Schedule 3 to the Sexual Offences Act 2003 (c. 42) there shall be inserted— |
| | "29A An offence under sections 48 to 50 of this Act (abuse of children through prostitution and pornography) where the offender— |
| (b) | is or has been sentenced in respect of the offences for a term of at least 12 months."" |
| | THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD JUDD
THE BARONESS STERN |
| 182 | Insert the following new Clause— |
| | "PENAL CUSTODY FOR CHILDREN |
| | Penal custody for children |
| (1) | No child shall be detained in a young offender institution or a secure training centre. |
| (2) | "Child" means a person under the age of eighteen." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 183 | Page 121, line 28, at end insert— |
| "( ) | Where the court is not satisfied that the relevant property is forfeitable property, the court must order that the relevant officer must extinguish all information possessed about the relevant property." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 184 | Page 129, line 2, at end insert— |
| "( ) | Where the court is not satisfied that the relevant property is forfeitable property, the court must order that the relevant officer must extinguish all information possessed about the relevant property." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 185 | Page 35, line 41, at end insert— |
| "( ) | Regulations under subsection (1) may confer functions on the Independent Police Complaints Commission to set up a procedure by which they can enable children and young people to register complaints with regard to immigration and asylum enforcement functions." |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDEGMAN |
| 185A | Page 36, line 12, at end insert— |
| "( ) | Nothing in this section shall authorise the disclosure of documents or information subject to legal privilege." |
| | THE LORD KINGSLAND
THE LORD GOODHART
THE VISCOUNT TENBY |
| 186 | Insert the following new Clause— |
| | "Designation of Part 2 territories: omission of United States of America |
| | In the list of territories in paragraph 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) "the United States of America" is omitted." |
| | THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS |
| 187 | Page 134, line 3, at end insert— |
| 188 | Page 134, line 5, leave out "19A"" and insert "19B"" |
| 189 | Page 134, line 23, at end insert— |
| (1) | If the conduct disclosed by the request was committed partly in the United Kingdom, the judge shall not order the extradition of the person unless it appears in the light of all the circumstances that it would be in the interests of justice that the person should be tried in the category 1 territory. |
| (2) | In deciding whether extradition is in the interests of justice, the judge shall take into account whether the competent United Kingdom authorities have decided to refrain from prosecuting the person whose surrender is sought for the conduct constituting the offence for which extradition is requested."" |
| 190 | Page 142, line 5, at end insert— |
| (1) | Section 79 (bars to extradition) is amended as follows. |
| (2) | After paragraph (d) of subsection (1) there is inserted— |
| (3) | In subsection (2), for "83" there is substituted "83A". |
| (4) | After section 83 there is inserted— |
| (1) | If the conduct disclosed by the request was committed partly in the United Kingdom, the judge shall not order the extradition of the person unless it appears in the light of all the circumstances that it would be in the interests of justice that the person should be tried in the category 2 territory. |
| (2) | In deciding whether extradition is in the interests of justice, the judge shall take into account whether the competent United Kingdom authorities have decided to refrain from prosecuting the person whose surrender is sought for the conduct constituting the offence for which extradition is requested."" |
| 191 | Page 142, line 5, at end insert— |
| | "Case where person has not been convicted |
| | In section 84 (case where person has not been convicted) after paragraph (b) of subsection (7) there is inserted ", and |
| (c) | the Secretary of State may not designate under this subsection if to do so would be inconsistent with any obligation set out in an extradition treaty or other extradition arrangement in force between the United Kingdom and a category 2 territory."" |
| 192 | Page 37, line 18, leave out subsection (4) |
| | THE BARONESS HENIG
THE BARONESS HARRIS OF RICHMOND
THE BARONESS ANELAY OF ST JOHNS |
| 193 | Page 37, line 24, leave out subsection (5) and insert— |
| "( ) | A statutory instrument containing an order under the provisions of this Act may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 193A | Page 150, leave out line 14 and insert— |
| "( ) | Section 5 of that Act (significant links with domestic jurisdiction) is amended as follows. |
| ( ) | In subsection (2), for paragraph (b) there is substituted— |
| "(b) | that any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the home country concerned at that time." |
| 193B | Page 150, line 39, at end insert— |
| "( ) | In subsection (1), for paragraph (b) there is substituted— |
| "(b) | any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the sheriffdom at that time."" |
| 193C | Page 152, line 16, at end insert— |
| "( ) | In subsection (2), after "such access" there is inserted "or to enable such access to be secured"." |
| 194 | Page 152, line 25, at end insert— |
| | In section 91 of the Police Act 1996 (offence of causing disaffection amongst members of police forces etc), after subsection (2) there is inserted— |
| "(3) | Liability under subsection (1) for any behaviour is in addition to any civil liability for that behaviour."" |
| 194A | Page 154, line 6, at end insert— |
| | "In section 9 of the Police Reform Act 2002 (the Independent Police Complaints Commission), in subsection (3)(d), after "section 41" there is inserted "or 41A"." |
| 194B | Page 157, line 24, leave out paragraph 46 and insert— |
| | "46 (1) Section 26 of that Act (parenting orders in respect of criminal conduct and anti-social behaviour) is amended as follows. |
| (2) | In the heading, at the end there is inserted ": youth offending teams". |
| (3) | After subsection (8) there is inserted— |
| "(9) | A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is a member of a youth offending team."" |
| 194C | Page 158, line 9, leave out from first "officers" to "registered" in line 10 and insert "in relation to parenting orders made on the application of local authorities in England or of" |
| 194D | Page 158, line 18, leave out from first "officers" to "registered" in line 19 and insert "in relation to parenting orders made on the application of local authorities in Wales or of" |
| 194E | Page 158, line 30, leave out from "29)," to end of line 42 and insert "in the definition of "responsible officer", for the words after "means" there is substituted "the person who is specified as such in the order," |
| | THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN |
| 195 | Line 7, leave out ", Community Safety and Custody" and insert "and Community Safety" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
| 196 | Line 10, after "children" insert "and offences relating to child pornography" |
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