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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.

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(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

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Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

101

 

(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
Part 11 — Miscellaneous

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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

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section 83(5)(h), and

 
 

Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

103

 

(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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Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

104

 

(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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Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

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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)

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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,

 
 

 
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