Criminal Justice and Court Services Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
After Clause 36
 
  
BY THE LORD BASSAM OF BRIGHTON
 
104     Insert the following new Clause-- 
     ("  .--(1)  In section 6(2) of the Protection of Children Act 1978 (punishments), for "three" there is substituted "ten".Indecent photographs of children: increase of maximum penalties.
     (2)  In Article 3(4)(a) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children), for "three" there is substituted "ten".S.I. 1978/1047 (N.I. 17).
     (3)  In section 160 of the Criminal Justice Act 1988 (summary offence of possession of indecent photograph of child)--
    (a)  after subsection (2) there is inserted--
        (2A)  A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both."
    (b)  for the sidenote there is substituted "Possession of indecent photograph of child".
1988 c. 33.
     (4)  In Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (summary offence of possession of indecent photograph of child)--
    (a)  after paragraph (2) there is inserted--
        (2A)  A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both."
    (b)  for the heading there is substituted "Possession of indecent photograph of child".")
S.I. 1988/1847 (N.I. 17).
  
BY THE BARONESS BLATCH
 
105*     Insert the following new Clause-- 
     ("  .  For section 6 of the Protection of Children Act 1978 (punishments), there shall be substituted--Maximum term of imprisonment.
 Punishments. 6.  A person guilty of an offence under this Act shall be liable--
    (a)  on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both;
    (b)  on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.".")
 
106*     Insert the following new Clause-- 
      ("  .--(1)  Where a person over the age of 18 years is convicted in England and Wales of an offence under section 1 of the Sexual Offences Act 1956 (rape), and where the victim was under the age of sixteen years at the time of the offence, the court shall impose a sentence of life imprisonment.
 
    (2)  The court may not impose the prescribed sentence specified in subsection (1) if it is of the opinion that there are specific circumstances which relate to the offence or the offender which would make the prescribed custodial sentence unjust in all the circumstances.")
Child rape: automatic life sentence.
107*     Insert the following new Clause-- 
      ("  .  After section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child), there shall be inserted--Use of electronic communications systems to commit acts of gross indecency with children.
 Use of electronic communications systems to commit acts of gross indecency with children. 1A.--(1)  In this section, except where otherwise stated, "child" means a person under the age of sixteen years.
        (2)  Any person who uses an electronic communications system, including (but not limited to) computers, computer networks, computer bulletin boards and newsgroups, computer chatrooms, the internet, and other analogous electronic means, for the purposes of--
 
  
    (a)  engaging in an act of gross indecency with a person he knows or has reason to believe is a child;
 
  
    (b)  engaging in a sexually explicit discussion with a person he knows or has reason to believe is a child; or
 
  
    (c)  soliciting a person he knows or has reason to believe is a child to engage in any act that would constitute an offence under section 1 or under section 2(a) or (b),
 
 
    is guilty of an offence and shall be liable--
 
  
    (i)  on conviction on indictment, to imprisonment for a term not exceeding ten years, or to a fine, or to both; or
 
  
    (ii)  on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
        (3)  References in the Children and Young Persons Act 1933 to the offences mentioned in the first Schedule to that Act shall include offences under this section.
        (4)  Offences under this section shall be deemed to be offences against the person for the purpose of section 3 of the Visiting Forces Act 1952 (which restricts the trial by the United Kingdom courts of offenders connected with visiting forces).".")
 
108*     Insert the following new Clause-- 
  
        ("  .  For section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child), there shall be substituted--
Indecent conduct towards children.
 Indecent conduct towards children. 1.--(1)  In this section, except where otherwise stated, "child" means a person under the age of sixteen years.
        (2)  Any person who--
 
  
    (a)  knowingly commits an act of gross indecency with or towards a child, or who incites a child to commit such an act with that person, or with another;
 
  
    (b)  travels with the intent of committing any act of gross indecency with or towards a child;
 
  
    (c)  knowingly employs, uses, persuades, induces, entices or coerces a child to engage in, or to assist any other person to engage in, an act of gross indecency with or towards any child; or
 
  
    (d)  transports a child with the intent that that child engage in an act of gross indecency,
 
 
    is guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both.
 
  
        (3)  Any person who--
 
  
    (a)  abducts, detains or otherwise restricts the liberty of a child for the purpose of sexually exploiting that child; or
 
  
    (b)  organises or knowingly facilitates such abduction, detention or restriction,
 
 
    is guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 15 years, or to a fine, or to both.
 
  
        (4)  Any parent, guardian or other person having for the time being custody or control of a child who knowingly permits that child to engage in, or to assist any other person to engage in, sexual activity, or who knowingly permits the sexual exploitation of that child, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both.
        (5)  References in the Children and Young Persons Act 1933 to the offences mentioned in the first Schedule to that Act shall include offences under this section.
        (6)  Offences under this section shall be deemed to be offences against the person for the purpose of section 3 of the Visiting Forces Act 1952 (which restricts the trial by the United Kingdom courts of offenders connected with visiting forces).".")
 
  
Before Clause 37
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
109*     Insert the following new Clause-- 
  
        ("  .--(1)  In the Protection of Children Act 1978--
      (a)  in subsection (3) of section 2 (evidence); and
      (b)  in subsection (6) of section 7 (interpretation),
    for the word "16" there shall be substituted the word "18".
        (2)  In the Protection of Children (Northern Ireland) Order 1978--
      (a)  in paragraph (2) of Article 2 (interpretation); and
      (c)  in paragraph (1) of Article 7 (evidence),
    for the word "sixteen" there shall be substituted the word "eighteen".")
Revision of age of child in proceedings relating to indecent photographs of children.
  
Clause 38
 
  
BY THE LORD BASSAM OF BRIGHTON
 
110     Page 21, line 7, after ("orders)") insert ("whenever made") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill. 
  
Clause 39
 
  
BY THE LORD BASSAM OF BRIGHTON
 
111     Page 21, line 28, after ("orders)") insert ("whenever made") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill. 
  
Clause 40
 
  
BY THE LORD BASSAM OF BRIGHTON
 
112     Page 22, line 9, after ("orders)") insert ("whenever made") 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
113*     Page 22, line 17, leave out (""community punishment and rehabilitation order"") and insert (""probation and community service order"") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill. 
  
Clause 41
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
114*     Page 22, line 42, at end insert--
      ("(  )  shall only be made if the offence is one which is specified in schedules by order of the Secretary of State and"
 
  
BY THE BARONESS BLATCH
 
115     Page 24, leave out lines 31 to 38 
  
BY THE LORD BASSAM OF BRIGHTON
 
116     Page 24, line 38, at end insert--
        ("(3)  An order under subsection (2)(a) above may make in paragraphs 2A(4) and (5) and 19(4) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."")
 
  
Clause 42
 
  
BY THE LORD BASSAM OF BRIGHTON
 
117     Page 26, line 2, after ("(2)") insert (", (3A)") 
  
BY THE BARONESS BLATCH
 
118     Page 26, leave out lines 12 to 15 
  
BY THE LORD BASSAM OF BRIGHTON
 
119     Page 26, line 15, at end insert--
        ("(5)  An order under subsection (4) above may make in paragraphs 2A(4) and (5) and 19(6) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."")
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill. 
  
Clause 43
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
120*     Page 26, line 23, at end insert--
        ("(  )  A court shall not order a drug test unless it has been notified by the Secretary of State that arrangements for treatment are available in the relevant area")
 
  
Clause 44
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill. 
  
Clause 45
 
  
BY THE BARONESS BLATCH
 
121     Page 29, leave out lines 14 to 19 
  
BY THE LORD BASSAM OF BRIGHTON
 
122     Page 29, line 19, at end insert--
        ("(10)  An order under sub-paragraph (9)(a) above may make in paragraph 19(2)(aa) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."")
 
  
Clause 46
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
123*     Page 29, line 31, at end insert--
        ("(  )  An exclusion requirement shall only be made if the offence is one which is specified in schedules by order of the Secretary of State.")
 
  
BY THE BARONESS BLATCH
 
124     Page 30, leave out lines 15 to 20 
  
BY THE LORD BASSAM OF BRIGHTON
 
125     Page 30, line 20, at end insert--
        ("(  )  An order under sub-paragraph (8)(a) above may make in paragraph 19(2)(ab) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.")
 
 
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