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

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Before Schedule 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
157     Insert the following new Schedule-- 
 ("SCHEDULE 
 AMENDMENTS OF THE SEX OFFENDERS ACT 1997 
 Introductory 
     1.--(1)  The Sex Offenders Act 1997 is amended as follows.
 
    (2)  In this Schedule--
    (a)  commencement", in relation to any paragraph, means the coming into force of that paragraph,
    (b)  relevant date" has the same meaning as in Part I of that Act.
1997 c. 51.
 Period and place for giving notification 
     2.--(1)  In section 2 (effect of notification requirements), after subsection (1) there is inserted--
        (1A)  In relation to any person whose home is situated in England, Wales or Northern Ireland, subsection (1) above shall have effect as if for the period of 14 days there were substituted a period of three days."
    (2)  After subsection (5) of that section there is inserted--
        (5A)  In relation to any person whose home is situated in England, Wales or Northern Ireland, any notification under subsection (1) above shall be made in accordance with subsection (5)(a) above."
    (3)  This paragraph applies in relation to any person--
    (a)  whose relevant date falls after commencement, or
    (b)  whose relevant date falls before commencement but in whose case the period mentioned in subsection (1) of that section has not begun.
 
 Additional requirements on giving notification 
     3.  After subsection (6) of that section there is inserted--
        (6A)  A person giving a notification under subsection (1) above whose home is situated in England, Wales or Northern Ireland shall also, if requested to do so by the police officer or other person referred to in subsection (5)(a) above, allow the officer or person to take his fingerprints and his photograph, or either of them.
        (6B)  The power to take fingerprints in pursuance of subsection (6A) above is exercisable for the purpose of verifying the identity of the person giving the notification by checking the fingerprints against any other fingerprints to which the officer or person has access.
        (6C)  In relation to persons whose homes are situated in England, Wales or Northern Ireland, or any description of such persons, the Secretary of State may by regulations provide for subsection (5)(a) above to have effect as if for the reference to any police station in a person's local police area there were substituted a reference to a police station or police stations prescribed by the regulations.
        The power to make regulations under this subsection is exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
 Notice of intention to leave or return to the UK 
     4.  Before subsection (7) of that section there is inserted--
        (6D)  In relation to persons subject to the notification requirements of this Part whose homes are situated in England, Wales or Northern Ireland, or any description of such persons, the Secretary of State may by regulations require, or authorise any person to require--
      (a)  prior notice of their intention to leave the United Kingdom, and
      (b)  in the case of persons who have left the United Kingdom after giving such notice and subsequently return, notice of their return,
 
 
    to be given in accordance with the regulations.
        The power to make regulations under this subsection is exercisable by statutory instrument, and no such regulations shall be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament."
 
 Penalties 
     5.--(1)  In section 3 (offences), in subsection (1), for the words following paragraph (b) there is substituted--
    he is guilty of an offence.
        (1A)  In relation to England and Wales and Northern Ireland, a person guilty of an offence under subsection (1) above is liable--
      (a)  on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both,
      (b)  on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
        (1B)  In relation to Scotland, a person guilty of an offence under subsection (1) above is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or imprisonment for a term not exceeding six months, or both.
        (1C)  If without reasonable excuse--
      (a)  a person fails to comply with section 2(6A) above,
      (b)  a person required by regulations under section 2(6D) above to give prior notice of his intention to do so leaves the United Kingdom without having given notice in accordance with the regulations, or
      (c)  a person fails to comply with any requirement of such regulations to give notice of his return to the United Kingdom,
    he is guilty of an offence and liable as mentioned in subsection (1A) above."
    (2)  This paragraph applies where the act constituting the offence in question occurs after commencement.
 
 Restraining orders 
     6.--(1)  After section 5 there is inserted-- 
 Restraining orders.     5A.--(1)  This section applies where--
    (a)  the Crown Court or the Court of Appeal imposes a sentence of imprisonment, or makes a hospital or guardianship order, in respect of a person convicted of a sexual offence to which this Part applies,
    (b)  the Crown Court or the Court of Appeal orders that a person who has been found not guilty of such an offence by reason of insanity, or to be under a disability and to have done the act charged against him in respect of such an offence, be admitted to hospital or makes a guardianship order in respect of him,
    (c)  a youth court makes a detention and training order for a term of twelve months or more, or a hospital or guardianship order, in respect of a person convicted of such an offence,
    (d)  a youth court makes a hospital or guardianship order in respect of a person who has been found not guilty of such an offence by reason of insanity, or to be under a disability and to have done the act charged against him in respect of such an offence.
    (2)  The court may make an order under this section in respect of the person ("the offender") if it is satisfied that it is necessary to do so in order to protect the public in general, or any particular members of the public, from serious harm from him.
 
    (3)  The order may prohibit the offender from doing anything described in the order.
 
    (4)  The order shall have effect for the period specified in it or until further order; and the offender shall not cease to be subject to the notification requirements of this Part while the order has effect.
 
    (5)  The offender may appeal against the order--
    (a)  where he was convicted of a sexual offence to which this Part applies, as if the order were a sentence passed on him for that offence,
    (b)  in a case within subsection (1)(b) or (d) above, as if he had been convicted of such an offence and the order were a sentence passed on him for that offence.
    (6)  The Crown Court or, in a case within subsection (1)(c) or (d) above, the youth court for the area in which the offender resides may, on the application of--
    (a)  the offender, or
    (b)  the chief officer of police, or the local board, for the area in which the offender resides,
vary or discharge the order.
 
    (7)  On the application the court may, after hearing the applicant, and the other persons mentioned in subsection (6) above (if they so wish), make any order under this section varying or discharging the previous order which the court considers appropriate.
 
    (8)  If without reasonable excuse the offender does anything which he is prohibited from doing by an order under this section, he is guilty of an offence.
 
    (9)  A person guilty of an offence under this section is liable--
    (a)  on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both,
    (b)  on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
 
      (10)  In this section "hospital order" has the same meaning as in the Mental Health Act 1983."1983 c. 20.
     (2)  Sub-paragraph (1) has effect in relation to sexual offences to which Part I of the Sex Offenders Act 1997 applies where the acts constituting the offence occurred after commencement.
 
    (3)  In section 10 (short title etc.), after subsection (3) there is inserted--
        (3A)  The Secretary of State may by order make any modifications of section 5A above which he considers necessary or expedient for the purpose of enabling courts in Northern Ireland to exercise the powers conferred by that section.
        The power to make an order under this subsection is exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament."
1997 c. 51.
 Information 
     7.  After section 5A there is inserted-- 
 <~et>Information about release or transfer.     5B.--(1)  This section applies to any person ("the offender") who-- 
  
    (a)  is subject to the notification requirements of this Part, and
 
  
    (b)  is serving a sentence of imprisonment or a term of service detention, or is detained in a hospital, in England, Wales or Northern Ireland.
    (2)  The Secretary of State may by regulations require notice to be given by the person who is responsible for the offender to persons prescribed by the regulations of any occasion when the offender is released or a different person becomes responsible for him.
 
    (3)  The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender.
 
    (4)  The power to make regulations under this section is exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
 Supplementary 
     8.  In section 6 (interpretation of Part I), after the definition of "guardianship order" there is inserted--
      local board" has the same meaning as in the Criminal Justice and Court Services Act 2000".
    9.--(1)  In section 10--
    (a)  in subsection (4), for "section 8" there is substituted "sections 3(1B) and 8",
    (b)  in subsection (5), after "Act" there is inserted "(except section 3(1A) and (1C))".
    (2)  At the end of that section there is inserted--
        (6)  Any power to make regulations or an order under this Act may be exercised so as to make different provision for different purposes."
 
 Consequential 
     10. In section 4(4) (young sex offenders), for the words following "section" there is substituted "3 above shall have effect as if, for paragraphs (a) and (b) of subsection (1A) and for the words following "liable" in subsection (1B), there were substituted "on summary conviction to a fine not exceeding level 5 on the standard scale".") 
  
BY THE LORD HYLTON
[As an amendment to amendment 157]
 
157A*     Line 60, at end insert--
    ("(c)  all the residential addresses whilst abroad, and
    (d)  details of ports of entry and re-entry,")
 
  
Clause 63
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 63 stand part of the Bill. 
 
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