Policing and Crime Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 13

 

BARONESS MILLER OF CHILTHORNE DOMER

 

BARONESS STERN

45Page 15, line 32, leave out from beginning to end of line 7 on page 16 and insert—
"53APaying 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.""
 

BARONESS HANHAM

 

VISCOUNT BRIDGEMAN

46Page 15, leave out lines 36 to 38 and insert "and knows, or ought to know, that 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"
 

LORD WEST OF SPITHEAD

47Page 15, line 36, leave out "used force, deception or threats" and insert "engaged in exploitative conduct"
 

BARONESS HANHAM

 

VISCOUNT BRIDGEMAN

48Page 16, leave out lines 1 and 2
 

LORD WEST OF SPITHEAD

49Page 16, line 1, leave out "acted" and insert "engaged in that conduct"
 

BARONESS HANHAM

 

VISCOUNT BRIDGEMAN

50Page 16, leave out lines 6 and 7
 

LORD WEST OF SPITHEAD

51Page 16, line 6, leave out "used force, deception or threats" and insert "engaged in exploitative conduct"
52Page 16, line 7, at end insert—
"(2A)  C engages in exploitative conduct if—
(a)  C uses force, threats (whether or not relating to violence) or any other form of coercion, or
(b)  C practises any form of deception."
 

BARONESS HANHAM

 

VISCOUNT BRIDGEMAN

53Page 16, leave out lines 8 and 9
 

BARONESS MILLER OF CHILTHORNE DOMER

 

BARONESS STERN

54Page 16, leave out lines 8 and 9 and insert—
"(   )  A person guilty of an offence under this section is liable—
(a)  on summary conviction, to imprisonment for a term not exceeding six 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."."
 

LORD WEST OF SPITHEAD

 

BARONESS MILLER OF CHILTHORNE DOMER

 

BARONESS STERN

55Page 16, leave out lines 10 and 11
 

BARONESS MILLER OF CHILTHORNE DOMER

 Baroness Miller of Chilthorne Domer gives notice of her intention to oppose the Question that Clause 13 stand part of the Bill.
 

Clause 14

 

BARONESS MILLER OF CHILTHORNE DOMER

 

BARONESS STERN

56Page 16, leave out lines 14 to 29 and insert—
  After Article 64 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769) (N.I. 12)) insert—
"64APaying 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 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."."
 

BARONESS HANHAM

 

VISCOUNT BRIDGEMAN

57Page 16, leave out lines 20 to 22 and insert "and knows, or ought to know, that 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"
 

LORD WEST OF SPITHEAD

58Page 16, line 20, leave out "used force, deception or threats" and insert "engaged in exploitative conduct"
59Page 16, line 23, leave out "acted" and insert "engaged in that conduct"
 

BARONESS HANHAM

 

VISCOUNT BRIDGEMAN

60Page 16, leave out lines 28 and 29
 

LORD WEST OF SPITHEAD

61Page 16, line 28, leave out "used force, deception or threats" and insert "engaged in exploitative conduct"
62Page 16, line 29, at end insert—
"(2A)  C engages in exploitative conduct if—
(a)  C uses force, threats (whether or not relating to violence) or any other form of coercion, or
(b)  C practises any form of deception."
 

BARONESS MILLER OF CHILTHORNE DOMER

 

BARONESS STERN

63*Page 16, leave out lines 30 to 32 and insert—
"(   )  A person guilty of an offence under this section is liable—
(a)  on summary conviction, to imprisonment for a term not exceding six months, or a fine not exceeding the statutory maximum, or both;
(b)  on conviction on indictment, to imprisonment for a term not exceding 14 years."."
 

LORD WEST OF SPITHEAD

 

BARONESS MILLER OF CHILTHORNE DOMER

 

BARONESS STERN

64Page 16, leave out lines 33 and 34
 

BARONESS MILLER OF CHILTHORNE DOMER

 Baroness Miller of Chilthorne Domer gives notice of her intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

BARONESS MILLER OF CHILTHORNE DOMER

 

EARL OF ONSLOW

 

BARONESS STERN

65Page 16, line 39, after "person" insert "aged 18 or over"
 

BARONESS MILLER OF CHILTHORNE DOMER

66Page 17, line 3, leave out "period of three months" and insert "one week"
 

Clause 16

 

BARONESS HANHAM

 

VISCOUNT BRIDGEMAN

67Page 17, line 19, leave out "three" and insert "a course of"
68Page 17, leave out lines 22 to 25
69Page 17, leave out lines 36 to 39
 

Schedule 1

 

BARONESS MILLER OF CHILTHORNE DOMER

70Page 138, line 22, after "practicable" insert "and in any event within 24 hours after the offender's arrest"
 

After Clause 19

 

BARONESS MILLER OF CHILTHORNE DOMER

71Insert the following new Clause—
  "Decriminalisation of associated workers in brothels
(1)  The Sexual Offences Act 1956 (c. 69) is amended as follows.
(2)  After section 33A insert—
"33BAssociated workers in brothels
  For the purposes of sections 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.""
72Insert the following new Clause—
  "Definition of a brothel
(1)  The Sexual Offences Act 1956 (c. 69) is amended as follows.
(2)  After section 33A insert—
"33BDefinition 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 Offences Act 2003.""
 

Schedule 2

 

BARONESS MILLER OF CHILTHORNE DOMER

73Page 142, line 23, at end insert ", and
(c)  that any persons identified under paragraph (b) have been consulted,"
74Page 142, leave out lines 24 to 27
75Page 142, line 27, at end insert—
"(   )      In authorising the issue of a closure notice, the authorising officer must have regard to the views of any persons consulted under subsection (7)(c)."
 

BARONESS HANHAM

 

VISCOUNT BRIDGEMAN

76Page 142, line 39, leave out "regularly"
 

BARONESS MILLER OF CHILTHORNE DOMER

77Page 143, line 43, leave out "two" and insert "three"
78Page 144, line 17, at end insert ", and that no other measures will prevent the premises from being used for such activities"
79Page 144, leave out lines 18 to 21
80Page 144, line 21, at end insert—
"(   )      In making a closure order, the court must consider the effect of making the order on the human rights of any person who owns or resides in the premises, and anyone else likely to be affected by the order.
(   )      In this section, "human rights" means the Convention rights set out in the Schedule to the Human Rights Act 1998 (c. 42)."
81Page 144, line 21, at end insert—
"(   )      The third condition is that the court is satisfied that the authorising officer has satisfied himself of the identity of the interested parties and effected service on them."
82Page 151, leave out lines 13 to 20

 
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22 June 2009