Criminal Justice and Immigration Bill

House of Lords

Session 2007 - 08
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Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 11 — Miscellaneous
100

Sex offenders
139
Disclosure of information about convictions etc of child sex offenders to
members of the public
(1)
After section 327 of the Criminal Justice Act 2003 (c. 44) insert—
“327A
  Disclosure of information about convictions etc of child sex
5
offenders to members of the public
(1)
The responsible authority for each area must, in the course of
discharging its functions under arrangements established by it under
section 325, consider whether to disclose information in its possession
about the relevant previous convictions of any child sex offender
10
managed by it to any particular member of the public.
(2)
In the case mentioned in subsection (3) there is a presumption that the
responsible authority should disclose information in its possession
about the relevant previous convictions of the offender to the particular
member of the public.
15
(3)
The case is where the responsible authority for the area has reasonable
cause to believe that—
(a)
a child sex offender managed by it poses a risk in that or any
other area of causing serious harm to any particular child or
children or to children of any particular description, and
20
(b)
the disclosure of information about the relevant previous
convictions of the offender to the particular member of the
public is necessary for the purpose of protecting the particular
child or children, or the children of that description, from
serious harm caused by the offender.
25
(4)
The presumption under subsection (2) arises whether or not the person
to whom the information is disclosed requests the disclosure.
(5)
Where the responsible authority makes a disclosure under this
section—
(a)
it may disclose such information about the relevant previous
30
convictions of the offender as it considers appropriate to
disclose to the member of the public concerned, and
(b)
it may impose conditions for preventing the member of the
public concerned from disclosing the information to any other
person.
35
(6)
Any disclosure under this section must be made as soon as is
reasonably practicable having regard to all the circumstances.
(7)
The responsible authority for each area must compile and maintain a
record about the decisions it makes in relation to the discharge of its
functions under this section.
40
(8)
The record must include the following information—
(a)
the reasons for making a decision to disclose information under
this section,
(b)
the reasons for making a decision not to disclose information
under this section, and
45

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(c)
the information which is disclosed under this section, any
conditions imposed in relation to its further disclosure and the
name and address of the person to whom it is disclosed.
(9)
Nothing in this section requires or authorises the making of a
disclosure which contravenes the Data Protection Act 1998.
5
(10)
This section is not to be taken as affecting any power of any person to
disclose any information about a child sex offender.
327B
Section 327A: interpretation
(1)
This section applies for the purposes of section 327A.
(2)
“Child” means a person under 18.
10
(3)
“Child sex offence” means an offence listed in Schedule 34A, whenever
committed.
(4)
“Child sex offender” means any person who—
(a)
has been convicted of such an offence,
(b)
has been found not guilty of such an offence by reason of
15
insanity,
(c)
has been found to be under a disability and to have done the act
charged against the person in respect of such an offence, or
(d)
has been cautioned in respect of such an offence.
(5)
In relation to a responsible authority, references to information about
20
the relevant previous convictions of a child sex offender are references
to information about—
(a)
convictions, findings and cautions mentioned in subsection
(4)(a) to (d) which relate to the offender, and
(b)
anything under the law of any country or territory outside
25
England and Wales which in the opinion of the responsible
authority corresponds to any conviction, finding or caution
within paragraph (a) (however described).
(6)
References to serious harm caused by a child sex offender are
references to serious physical or psychological harm caused by the
30
offender committing any offence listed in any paragraph of Schedule
34A other than paragraphs 1 to 6 (offences under provisions repealed
by Sexual Offences Act 2003).
(7)
A responsible authority for any area manages a child sex offender if the
offender is a person who poses risks in that area which fall to be
35
managed by the authority under the arrangements established by it
under section 325.
(8)
For the purposes of this section the provisions of section 4 of, and
paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974
(protection for spent convictions and cautions) are to be disregarded.
40
(9)
In this section “cautioned”, in relation to any person and any offence,
means—
(a)
cautioned after the person has admitted the offence, or
(b)
reprimanded or warned within the meaning given by section 65
of the Crime and Disorder Act 1998.
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Criminal Justice and Immigration Bill
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(10)
Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003
(mentally disordered offenders) apply for the purposes of this section
as they apply for the purposes of Part 2 of that Act.”
(2)
After Schedule 34 to that Act insert the Schedule 34A set out in Schedule 24 to
this Act.
5
140
Sexual offences prevention orders: relevant sexual offences
(1)
In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions
about sexual offences prevention orders), at the end insert—
“(13)
Subsection (14) applies for the purposes of section 104 and this section
in their application in relation to England and Wales or Northern
10
Ireland.
(14)
In construing any reference to an offence listed in Schedule 3, any
condition subject to which an offence is so listed that relates—
(a)
to the way in which the defendant is dealt with in respect of an
offence so listed or a relevant finding (as defined by section
15
132(9)), or
(b)
to the age of any person,

is to be disregarded.”
(2)
This section extends to England and Wales and Northern Ireland only.
141
Notification requirements: prescribed information
20
(1)
In section 83 of the Sexual Offences Act 2003 (notification requirements: initial
notification)—
(a)
at the end of subsection (5) insert—
“(h)
any prescribed information.”; and
(b)
after that subsection insert—
25
“(5A)
In subsection (5)(h) “prescribed” means prescribed by
regulations made by the Secretary of State.”
(2)
Section 84 of that Act (notification requirements: changes) is amended as
follows.
(3)
In subsection (1)—
30
(a)
after “1997,” in paragraph (c) insert—
“(ca)
any prescribed change of circumstances,”; and
(b)
after “the address of those premises” insert “, the prescribed details”.
(4)
In subsection (2) after “home address” insert “or the prescribed change of
circumstances”.
35
(5)
After subsection (5) insert—
“(5A)
In this section—
(a)
“prescribed change of circumstances” means any change—
(i)
occurring in relation to any matter in respect of which
information is required to be notified by virtue of
40
section 83(5)(h), and

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(ii)
of a description prescribed by regulations made by the
Secretary of State;
(b)
“the prescribed details”, in relation to a prescribed change of
circumstances, means such details of the change as may be so
prescribed.”
5
(6)
Section 85 of that Act (notification requirements: periodic notification) is
amended as follows.
(7)
In subsection (1), for “the period of one year” substitute “the applicable
period”.
(8)
In subsection (3), for “the period referred to in subsection (1)” substitute “the
10
applicable period”.
(9)
After subsection (4) insert—
“(5)
In this section, “the applicable period” means—
(a)
in any case where subsection (6) applies to the relevant
offender, such period as may be prescribed by regulations made
15
by the Secretary of State, and
(b)
in any other case, the period of one year.
(6)
This subsection applies to the relevant offender if the last home address
notified by him under section 83(1) or 84(1) or subsection (1) was the
address or location of such a place as is mentioned in section 83(7)(b).”
20
(10)
In section 138(2) of that Act (orders and regulations subject to the affirmative
resolution procedure), for “86 or 130” substitute “any of sections 83 to 86 or
section 130”.
(11)
This section extends to England and Wales and Northern Ireland only.
Persistent sales of tobacco to persons under 18
25
142
Persistent sales of tobacco to persons under 18
(1)
The Children and Young Persons Act 1933 (c. 12) is amended as follows.
(2)
After section 12 insert—
“Persistent sales of tobacco to persons under 18
12A
Restricted premises orders
30
(1)
This section applies where a person (“the offender”) is convicted of a
tobacco offence (“the relevant offence”).
(2)
The person who brought the proceedings for the relevant offence may
by complaint to a magistrates’ court apply for a restricted premises
order to be made in respect of the premises in relation to which that
35
offence was committed (“the relevant premises”).
(3)
A restricted premises order is an order prohibiting the sale on the
premises to which it relates of any tobacco or cigarette papers to any
person.
(4)
The prohibition applies to sales whether made—
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(a)
by the offender or any other person, or
(b)
by means of any machine kept on the premises or any other
means.
(5)
The order has effect for the period specified in the order, but that period
may not exceed one year.
5
(6)
The applicant must, after making reasonable enquiries, give notice of
the application to every person appearing to the applicant to be a
person affected by it.
(7)
The court may make the order if (and only if) it is satisfied that—
(a)
on at least 2 occasions within the period of 2 years ending with
10
the date on which the relevant offence was committed the
offender has committed other tobacco offences in relation to the
relevant premises, and
(b)
the applicant has complied with subsection (6).
(8)
Persons affected by the application may make representations to the
15
court as to why the order should not be made.
(9)
If—
(a)
a person affected by an application for a restricted premises
order was not given notice under subsection (6), and
(b)
consequently the person had no opportunity to make
20
representations to the court as to why the order should not be
made,

the person may by complaint apply to the court for an order varying or
discharging it.
(10)
On an application under subsection (9) the court may, after hearing—
25
(a)
that person, and
(b)
the applicant for the restricted premises order,

make such order varying or discharging the restricted premises order
as it considers appropriate.
(11)
For the purposes of this section the persons affected by an application
30
for a restricted premises order in respect of any premises are—
(a)
the occupier of the premises, and
(b)
any other person who has an interest in the premises.
12B
Restricted sale orders
(1)
This section applies where a person (“the offender”) is convicted of a
35
tobacco offence (“the relevant offence”).
(2)
The person who brought the proceedings for the relevant offence may
by complaint to a magistrates’ court apply for a restricted sale order to
be made in respect of the offender.
(3)
A restricted sale order is an order prohibiting the person to whom it
40
relates—
(a)
from selling any tobacco or cigarette papers to any person,
(b)
from having any management functions in respect of any
premises in so far as those functions relate to the sale on the
premises of tobacco or cigarette papers to any person,
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(c)
from keeping any cigarette machine on any premises for the
purpose of selling tobacco or permitting any cigarette machine
to be kept on any premises by any other person for that
purpose, and
(d)
from having any management functions in respect of any
5
premises in so far as those functions relate to any cigarette
machine kept on the premises for the purpose of selling tobacco.
(4)
The order has effect for the period specified in the order, but that period
may not exceed one year.
(5)
The court may make the order if (and only if) it is satisfied that on at
10
least 2 occasions within the period of 2 years ending with the date on
which the relevant offence was committed the offender has committed
other tobacco offences.
(6)
In this section any reference to a cigarette machine is a reference to an
automatic machine for the sale of tobacco.
15
12C
Enforcement
(1)
If—
(a)
a person sells on any premises any tobacco or cigarette papers
in contravention of a restricted premises order, and
(b)
the person knew, or ought reasonably to have known, that the
20
sale was in contravention of the order,

the person commits an offence.
(2)
If a person fails to comply with a restricted sale order, the person
commits an offence.
(3)
It is a defence for a person charged with an offence under subsection (2)
25
to prove that the person took all reasonable precautions and exercised
all due diligence to avoid the commission of the offence.
(4)
A person guilty of an offence under this section is liable, on summary
conviction, to a fine not exceeding £20,000.
(5)
A restricted premises order is a local land charge and in respect of that
30
charge the applicant for the order is the originating authority for the
purposes of the Local Land Charges Act 1975.
12D
Interpretation
(1)
In sections 12A and 12B a “tobacco offence” means—
(a)
an offence committed under section 7(1) on any premises
35
(which are accordingly “the premises in relation to which the
offence is committed”), or
(b)
an offence committed under section 7(2) in respect of an order
relating to any machine kept on any premises (which are
accordingly “the premises in relation to which the offence is
40
committed”).
(2)
In sections 12A to 12C the expressions “tobacco” and “cigarette” have
the same meaning as in section 7.
(3)
In sections 12A and 12B “notice” means notice in writing.”

Criminal Justice and Immigration Bill
Part 12 — General
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(3)
In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—
“(f)
in the case of a restricted premises order under section 12A or a
restricted sale order under section 12B, by any person
aggrieved.”
Armed forces legislation
5
143
Amendments to armed forces legislation
Schedule 25 contains—
(a)
amendments to armed forces legislation (which make provision for
service courts etc. corresponding to other provisions of this Act); and
(b)
transitional provision relating to certain of those amendments.
10
Part 12
General
144
Orders, rules and regulations
(1)
Orders, rules or regulations made by the Secretary of State or the Lord
Chancellor under this Act are to be made by statutory instrument.
15
(2)
Any such orders or regulations—
(a)
may make provision generally or only for specified cases or
circumstances;
(b)
may make different provision for different cases, circumstances or
areas;
20
(c)
may make incidental, supplementary, consequential, transitional,
transitory or saving provision.
(3)
Subject to subsection (4), a statutory instrument containing any order or
regulations under this Act is subject to annulment in pursuance of a resolution
of either House of Parliament.
25
(4)
Subsection (3) does not apply to—
(a)
a statutory instrument containing an order under section 150,
(b)
a statutory instrument containing an order under paragraph 26(5) of
Schedule 1,
(c)
a statutory instrument containing an Order in Council under
30
paragraph 9 of Schedule 17, or
(d)
a statutory instrument to which subsection (5) applies.
(5)
A statutory instrument containing (whether alone or with other provision)—
(a)
an order under section 4(3),
(b)
an order under section 79(4), 81(4) or 89(3) which amends or repeals
35
any provision of an Act,
(c)
regulations under any of sections 105 to 108,
(d)
an order under section 134(6),
(e)
an order under section 145(3) which amends or repeals any provision
of an Act,
40
(f)
an order under paragraph 27 or 35 of Schedule 1,
(g)
an order under paragraph 25 of Schedule 2,