|
| |
|
| |
139 | Disclosure of information about convictions etc of child sex offenders to |
| |
| |
(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 |
| |
| 15 |
(3) | The case is where the responsible authority for the area has reasonable |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(b) | the reasons for making a decision not to disclose information |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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, |
| |
| |
(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. |
| 45 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(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 |
| |
(b) | to the age of any person, |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
| 35 |
(5) | After subsection (5) insert— |
| |
| |
(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 |
| |
|
| |
|
| |
|
(ii) | of a description prescribed by regulations made by the |
| |
| |
(b) | “the prescribed details”, in relation to a prescribed change of |
| |
circumstances, means such details of the change as may be so |
| |
| 5 |
(6) | Section 85 of that Act (notification requirements: periodic notification) is |
| |
| |
(7) | In subsection (1), for “the period of one year” substitute “the applicable |
| |
| |
(8) | In subsection (3), for “the period referred to in subsection (1)” substitute “the |
| 10 |
| |
(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 |
| |
| |
(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 |
| |
| |
(4) | The prohibition applies to sales whether made— |
| 40 |
|
| |
|
| |
|
(a) | by the offender or any other person, or |
| |
(b) | by means of any machine kept on the premises or any other |
| |
| |
(5) | The order has effect for the period specified in the order, but that period |
| |
| 5 |
(6) | The applicant must, after making reasonable enquiries, give notice of |
| |
the application to every person appearing to the applicant to be a |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
| the person may by complaint apply to the court for an order varying or |
| |
| |
(10) | On an application under subsection (9) the court may, after hearing— |
| 25 |
| |
(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 |
| |
(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, |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(6) | In this section any reference to a cigarette machine is a reference to an |
| |
automatic machine for the sale of tobacco. |
| 15 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
(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 |
| |
(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.” |
| |
|
| |
|
| |
|
(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 |
| |
| |
| 5 |
143 | Amendments to armed forces legislation |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(b) | may make different provision for different cases, circumstances or |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
| |
| 40 |
(f) | an order under paragraph 27 or 35 of Schedule 1, |
| |
(g) | an order under paragraph 25 of Schedule 2, |
| |
|
| |
|