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Policing and Crime Bill


Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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(c)   

”.

(4)   

Omit section 2 (application to court by person cautioned for loitering or

soliciting).

(5)   

In determining for the purposes of section 1 of the Street Offences Act 1959

(c. 57) (as amended by this section) whether a person’s conduct is persistent,

5

any conduct that takes place before the commencement of this section is to be

disregarded.

17      

Orders requiring attendance at meetings

(1)   

The Street Offences Act 1959 is amended as follows.

(2)   

In section 1 (loitering or soliciting for purposes of prostitution) after subsection

10

(2) insert—

“(2A)   

The court may deal with a person convicted of an offence under this

section by making an order requiring the offender to attend three

meetings with the person for the time being specified in the order (“the

supervisor”) or with such other person as the supervisor may direct.

15

(2B)   

The purpose of an order under subsection (2A) is to assist the offender,

through attendance at those meetings, to—

(a)   

address the causes of the conduct constituting the offence, and

(b)   

find ways to cease engaging in such conduct in the future.

(2C)   

Where the court is dealing with an offender who is already subject to

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an order under subsection (2A), the court may not make a further order

under that subsection unless it first revokes the existing order.

(2D)   

If the court makes an order under subsection (2A) it may not impose

any other penalty in respect of the offence.”

(3)   

After section 1 insert—

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“1A     

Orders under section 1(2A): supplementary

(1)   

This section applies to an order under section 1(2A).

(2)   

The order may not be made unless a suitable person has agreed to act

as supervisor in relation to the offender.

(3)   

In subsection (2) “suitable person” means a person appearing to the

30

court to have appropriate qualifications or experience for helping the

offender to make the best use of the meetings for the purpose

mentioned in section 1(2B).

(4)   

The order must specify—

(a)   

a date (not more than six months after the date of the order) by

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which the meetings required by the order must take place;

(b)   

the local justice area in which the offender resides or will reside

while the order is in force.

(5)   

The supervisor must determine—

(a)   

the times of the meetings required by the order and their

40

duration, and

(b)   

the places at which they are held.

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

20

 

(6)   

The supervisor must—

(a)   

make any arrangements that are necessary to enable the

meetings required by the order to take place; and

(b)   

once the order has been complied with, notify the court which

made the order of that fact.

5

(7)   

The court making the order must provide copies of it to the offender

and the supervisor.

(8)   

Subsection (9) applies where—

(a)   

the order is made by the Crown Court, or

(b)   

the order is made by a magistrates’ court but specifies a local

10

justice area for which the court making the order does not act.

(9)   

The court must provide to a magistrates’ court acting for the local

justice area specified in the order—

(a)   

a copy of the order, and

(b)   

any documents and information relating to the case that it

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considers likely to be of assistance to that court in the exercise of

any functions in relation to the order.

(10)   

The order ceases to be in force (unless revoked earlier under section

1(2C) or under the Schedule to this Act)—

(a)   

at the end of the day on which the supervisor notifies the court

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that the order has been complied with, or

(b)   

at the end of the day specified in the order under subsection

(4)(a),

   

whichever first occurs.

(11)   

The Schedule to this Act (which relates to failure to comply with orders

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under section 1(2A) and to the revocation or amendment of such

orders) has effect.”

(4)   

At the end of the Act insert the Schedule set out in Schedule 1 to this Act.

18      

Rehabilitation of offenders: orders under section 1(2A) of the Street Offences

Act 1959

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(1)   

The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

(2)   

In section 5 (rehabilitation periods for particular sentences) after subsection

(4C) insert—

“(4D)   

The rehabilitation period applicable to an order under section 1(2A) of

the Street Offences Act 1959 shall be six months from the date of

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conviction for the offence in respect of which the order is made.”

(3)   

In section 6 of that Act (the rehabilitation period applicable to a conviction)

after subsection (3) insert—

“(3A)   

Without prejudice to subsection (2), where—

(a)   

an order is made under section 1(2A) of the Street Offences Act

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1959 in respect of a conviction,

(b)   

after the end of the rehabilitation period applicable to the

conviction the offender is dealt with again for the offence for

which that order was made, and

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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(c)   

the rehabilitation period applicable to the conviction in

accordance with subsection (2) (taking into account any

sentence imposed when so dealing with the offender) ends later

than the rehabilitation period previously applicable to the

conviction,

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the offender shall be treated for the purposes of this Act as not having

become a rehabilitated person in respect of that conviction, and that

conviction shall for those purposes be treated as not having become

spent, in relation to any period falling before the end of the new

rehabilitation period.”

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19      

Soliciting: England and Wales

Before section 52 of Sexual Offences Act 2003 (c. 42) (but after the italic

heading, which becomes “Prostitution”) insert—

“51A    

Soliciting

(1)   

It is an offence for a person in a street or public place to solicit another

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(B) for the purpose of obtaining B’s sexual services as a prostitute.

(2)   

The reference to a person in a street or public place includes a person in

a vehicle in a street or public place.

(3)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

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(4)   

In this section “street” has the meaning given by section 1(4) of the

Street Offences Act 1959.”

20      

Soliciting: Northern Ireland

For Articles 60 and 61 of the Sexual Offences (Northern Ireland) Order 2008

(S.I. 1769 (N.I. 12)) (kerb-crawling and persistent soliciting) substitute—

25

“60     

Soliciting

(1)   

It is an offence for a person in a street or public place to solicit another

(B) for the purpose of obtaining B’s sexual services as a prostitute.

(2)   

The reference to a person in a street or public place includes a person in

a vehicle in a street or public place.

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(3)   

A person guilty of an offence under this Article shall be liable on

summary conviction to a fine not exceeding level 3 on the standard

scale.”

Closure orders: sexual offences

21      

Closure orders

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(1)   

Schedule 2 (which amends the Sexual Offences Act 2003 to make provision

about closure orders for premises used for activities related to certain sexual

offences) has effect.

(2)   

For the purposes of sections 136B(3) and (4) and 136D(6) and (7) of the 2003 Act

(as inserted by Schedule 2), it does not matter whether the offence or offences

40

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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were committed before, or on or after, the date on which this section is

commenced.

Orders imposed on sex offenders

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Time limits

(1)   

The Sexual Offences Act 2003 (c. 42) is amended as follows.

5

(2)   

After section 132 insert—

“132A   

Disapplication of time limit for complaints

Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not

apply to a complaint under any provision of this Part.”

(3)   

In section 136 (modifications for Northern Ireland) after subsection (4) insert—

10

“(4A)   

In section 132A the reference to section 127 of the Magistrates’ Courts

Act 1980 is to be read as a reference to Article 78 of the Magistrates’

Courts (Northern Ireland) Order 1981.”

(4)   

The amendments made by this section apply to a complaint made after the

commencement of this section even if the matter of complaint arose more than

15

6 months before the making of the complaint.

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Foreign travel orders: grounds

(1)   

In the following provisions of the Sexual Offences Act 2003 for “under 16”,

wherever occurring, substitute “under 18”—

(a)   

section 115(2) (definition of “protecting children generally or any child

20

from serious sexual harm from the defendant outside the United

Kingdom”), and

(b)   

section 116(2)(b), (c)(ii) and (iii) and (d) (“qualifying offenders”:

offences).

(2)   

The amendments made by this section apply for the purposes of the making,

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variation, renewal or discharge of orders after the commencement of this

section.

24      

Foreign travel orders: duration

(1)   

In section 117(1) of the Sexual Offences Act 2003 (foreign travel orders: effect)

for “6 months” substitute “5 years”.

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(2)   

The amendment made by this section applies in relation to orders made, varied

or renewed after the commencement of this section.

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Foreign travel orders: surrender of passports

(1)   

The Sexual Offences Act 2003 is amended as follows.

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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(2)   

After section 117 insert—

“117A   

Foreign travel orders: surrender of passports

(1)   

This section applies in relation to a foreign travel order which contains

a prohibition within section 117(2)(c).

(2)   

The order must require the defendant to surrender all of the

5

defendant’s passports, at a police station specified in the order—

(a)   

on or before the date when the prohibition takes effect, or

(b)   

within a period specified in the order.

(3)   

Any passports surrendered must be returned as soon as reasonably

practicable after the person ceases to be subject to a foreign travel order

10

containing a prohibition within section 117(2)(c).

(4)   

Subsection (3) does not apply in relation to—

(a)   

a passport issued by or on behalf of the authorities of a country

outside the United Kingdom if the passport has been returned

to those authorities;

15

(b)   

a passport issued by or on behalf of an international

organisation if the passport has been returned to that

organisation.

(5)   

In this section “passport” means—

(a)   

a United Kingdom passport within the meaning of the

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Immigration Act 1971;

(b)   

a passport issued by or on behalf of the authorities of a country

outside the United Kingdom, or by or on behalf of an

international organisation;

(c)   

a document that can be used (in some or all circumstances)

25

instead of a passport.”

(3)   

In section 122 (breach of foreign travel order) after subsection (1) insert—

“(1A)   

A person commits an offence if, without reasonable excuse, the person

fails to comply with a requirement under section 117A(2).”

(4)   

The amendment made by subsection (2) applies in relation to orders made,

30

varied or renewed after the commencement of this section.

Indecent photographs of children

26      

Penalty for contravening notice relating to encrypted information

(1)   

Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to

comply with notice relating to encrypted information) is amended as follows.

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(2)   

In subsection (5A)(a) after “case” insert “or a child indecency case”.

(3)   

After subsection (5B) insert—

“(6)   

In subsection (5A) “a child indecency case” means a case in which the

grounds specified in the notice to which the offence relates as the

grounds for imposing a disclosure requirement were or included a

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belief that the imposition of the requirement was necessary for the

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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purpose of preventing or detecting an offence under any of the

provisions listed in subsection (7).

(7)   

Those provisions are—

(a)   

section 1 of the Protection of Children Act 1978 (showing or

taking etc an indecent photograph of a child: England and

5

Wales);

(b)   

Article 3 of the Protection of Children (Northern Ireland) Order

1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for

Northern Ireland);

(c)   

section 52 or 52A of the Civic Government (Scotland) Act 1982

10

(showing or taking etc or possessing an indecent photograph of

a child: Scotland);

(d)   

section 160 of the Criminal Justice Act 1988 (possessing an

indecent photograph of a child: England and Wales);

(e)   

Article 15 of the Criminal Justice (Evidence, Etc.) (Northern

15

Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding

offence for Northern Ireland).”

(4)   

The amendments made by this section apply in relation to cases in which the

section 49 notice was given after the commencement of this section.

Sex establishments

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27      

Regulation of lap dancing and other sex encounter venues etc

(1)   

Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

(control of sex establishments) is amended as follows.

(2)   

In paragraph 2 (meaning of “sex establishment”) after “means a” insert “sex

encounter venue,”.

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(3)   

After paragraph 2 insert—

“Meaning of “sex encounter venue”

2A    (1)  

In this Schedule “sex encounter venue” means any premises at which

relevant entertainment is provided before a live audience for the

financial gain of the organiser or the entertainer.

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      (2)  

In this paragraph “relevant entertainment” means—

(a)   

any live performance; or

(b)   

any live display of nudity;

           

which is of such a nature that, ignoring financial gain, it must

reasonably be assumed to be provided solely or principally for the

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purpose of sexually stimulating any member of the audience

(whether by verbal or other means).

      (3)  

The following are not sex encounter venues for the purposes of this

Schedule—

(a)   

sex cinemas and sex shops;

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(b)   

premises at which the provision of relevant entertainment as

mentioned in sub-paragraph (1) is such that, at the time in

question and including any relevant entertainment which is

being so provided at that time—

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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(i)   

there have not been more than eleven occasions on

which relevant entertainment has been so provided

which fall (wholly or partly) within the period of 12

months ending with that time;

(ii)   

no such occasion has lasted for more than 24 hours;

5

and

(iii)   

no such occasion has begun within the period of one

month beginning with the end of any previous

occasion on which relevant entertainment has been so

provided (whether or not that previous occasion falls

10

within the 12 month period mentioned in sub-

paragraph (i));

(c)   

premises specified or described in an order made by the

relevant national authority.

      (4)  

The relevant national authority may by order amend or repeal sub-

15

paragraph (3)(b).

      (5)  

But no order under sub-paragraph (4) may—

(a)   

increase the number or length of occasions in any period on

which sub-paragraph (3)(b) as originally enacted would

permit relevant entertainment to be provided; or

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(b)   

provide for shorter intervals between such occasions.

      (6)  

The relevant national authority may by order provide for

descriptions of performances, or of displays of nudity, which are not

to be treated as relevant entertainment for the purposes of this

Schedule.

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      (7)  

Any power of the relevant national authority to make an order under

this paragraph—

(a)   

is exercisable by statutory instrument;

(b)   

may be exercised so as to make different provision for

different cases or descriptions of case or for different

30

purposes; and

(c)   

includes power to make supplementary, incidental,

consequential, transitional, transitory or saving provision.

      (8)  

A statutory instrument containing an order under sub-paragraph (4)

may not be made by the Secretary of State unless a draft of the

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instrument has been laid before, and approved by a resolution of,

each House of Parliament.

      (9)  

A statutory instrument containing an order made under sub-

paragraph (3)(c) or (6) by the Secretary of State is subject to

annulment in pursuance of a resolution of either House of

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Parliament.

     (10)  

A statutory instrument containing an order under sub-paragraph (4)

may not be made by the Welsh Ministers unless a draft of the

instrument has been laid before, and approved by a resolution of, the

National Assembly for Wales.

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     (11)  

A statutory instrument containing an order made under sub-

paragraph (3)(c) or (6) by the Welsh Ministers is subject to annulment

in pursuance of a resolution of the National Assembly for Wales.

 
 

 
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