Sexual Offences Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 95

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

439Page 47, line 26, after "State" insert "after consultation with Scottish Ministers"
 

Clause 96

 

THE LORD FALCONER OF THOROTON

439APage 47, line 39, leave out "he" and insert "the defendant resides in his police area or the chief officer"
440Page 48, line 4, leave out from "finding" to "that" in line 5 and insert "equivalent to a finding"
441Page 48, line 7, leave out from beginning to "that" and insert "equivalent to a finding"
441APage 48, line 10, leave out "for" and insert "in respect of"
442Page 48, line 22, leave out "corresponding" and insert "equivalent"
 

Clause 98

 

THE LORD FALCONER OF THOROTON

443Page 49, line 21, leave out "taken as having been" and insert "to be taken as"
 

Clause 102

 

THE LORD FALCONER OF THOROTON

444Page 50, line 38, leave out "Person" and insert "Post"
 

Clause 103

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

445Page 51, line 14, leave out "or 3"
446Page 51, line 17, leave out "or 3"
 

THE LORD FALCONER OF THOROTON

446APage 51, line 26, leave out "he" and insert "resides in his police area or who the chief officer"
 

Schedule 3

 

THE LORD FALCONER OF THOROTON

447Page 77, line 25, leave out "racially-" and insert "racially or religiously"
448Page 77, line 26, leave out "racially-" and insert "racially or religiously"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

449Page 77, line 39, at end insert—
      "Murder.
      Culpable homicide.
      Assault.
      Assault and robbery.
      Plagium.
      Wrongful imprisonment.
      Threats of personal violence.
      Breach of the peace involving personal violence.
      Wilful fireraising.
      Culpable and reckless fireraising.
      Mobbing and rioting.
      An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
      An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).
      An offence under section 17(1) of that Act (use of firearm to resist arrest).
      An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
      An offence under section 18 of that Act (carrying a firearm with criminal intent).
      An offence under section 1 of the Taking Hostages Act 1982 (c. 28) (hostage-taking).
      An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
      An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
      An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
      An offence under section 4 of that Act (offences in relation to certain dangerous articles).
      An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
      An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
      An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).
      An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).
      An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
      An offence under section 9 of that Act (hijacking of ships).
      An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
      An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
      An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
      An offence under section 13 of that Act (offences involving threats).
      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
      An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (ASP 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act),"
 

THE LORD FALCONER OF THOROTON

450Page 80, line 40, leave out "above"
451Page 81, line 5, after "counselling" insert "or"
 

Clause 104

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

452Page 51, line 40, leave out "in the United Kingdom"
 

THE LORD ALLI
THE BARONESS WALMSLEY
THE LORD ALTON OF LIVERPOOL
THE LORD ASTOR OF HEVER

452APage 51, line 41, after "Kingdom" insert "and outside the United Kingdom"
 

THE LORD FALCONER OF THOROTON

452BPage 52, line 2, at end insert—
"(   )  "Qualifying offender" means a person within subsection (4) or (4A)."
452CPage 52, line 3, leave out ""Qualifying offender" means a person who" and insert "A person is within this subsection if"
452DPage 52, line 4, at end insert "he"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

453Page 52, line 5, leave out "or 3"
 

THE LORD FALCONER OF THOROTON

453APage 52, line 8, at end insert "or"
453BPage 52, line 10, leave out from "offence" to end of line 15
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

454Page 52, line 14, leave out "or 3"
 

THE LORD FALCONER OF THOROTON

454APage 52, line 15, at end insert—
"(4A)  A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a)  he has been convicted of a relevant offence (whether or not he has been punished for it),
(b)  a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
(c)  such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
(d)  he has been cautioned in respect of a relevant offence."
454BPage 52, line 17, leave out ", cautioned or punished" and insert "or cautioned"
454CPage 52, line 18, at end insert "or (4A)"
454DPage 52, line 18, at end insert—
"(5A)  In subsection (4A), "relevant offence" means an act which—
(a)  constituted an offence under the law in force in the country concerned, and
(b)  would have constituted an offence listed in Schedule 2 or 3 if it had been done in any part of the United Kingdom."
454EPage 52, line 21, leave out "(4)" and insert "(5A)"
454FPage 52, line 23, leave out "(4)(e)(ii)" and insert "(5A)(b)"
455Page 52, line 23, leave out "taken as having been" and insert "to be taken as"
 

Clause 106

 

THE LORD FALCONER OF THOROTON

456Page 53, line 36, at end insert "(and any renewed or varied order may contain only such prohibitions as are necessary for this purpose)"
457Page 53, line 38, leave out "date" and insert "day"
458Page 53, line 40, leave out paragraphs (a) and (b) and insert—
"(a)  where the application is made by a chief officer of police, that chief officer, or
(b)  in any other case, the chief officer of police for the area in which the defendant resides."
 

After Clause 109

 

THE LORD FALCONER OF THOROTON

458ZAInsert the following new Clause—
  "Foreign travel orders: applications and grounds
(1)  A chief officer of police may by complaint to the magistrates' court apply for an order under this section ("a foreign travel order") in respect of a person ("the defendant") who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—
(a)  the defendant is a qualifying offender, and
(b)  the defendant has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
(2)  An application under subsection (1) may be made to any magistrates' court whose commission area includes any part of the applicant's police area.
(3)  On the application, the court may make a foreign travel order if it is satisfied that—
(a)  the defendant is a qualifying offender, and
(b)  the defendant's behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom."
458ZBInsert the following new Clause—
  "Section (Foreign travel orders: applications and grounds): interpretation
(1)  Subsections (2) to (5) apply for the purposes of section (Foreign travel orders: applications and grounds).
(2)  "Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom" means protecting persons under 16 generally or any particular person under 16 from serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 2 if done in England and Wales or Northern Ireland.
(3)  Acts and behaviour include those occurring before the commencement of this Part.
(4)  "Qualifying offender" has the meaning given by section (Section (Foreign travel orders: applications and grounds): qualifying offenders).
(5)  "Appropriate date", in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section (Section (Foreign travel orders: applications and grounds): qualifying offenders).
(6)  In this section and section (Section (Foreign travel orders: applications and grounds): qualifying offenders) as they apply to Northern Ireland, references to persons, or to a person, under 16 are to be read as references to persons, or to a person, under 17."
458ZCInsert the following new Clause—
  "Section (Foreign travel orders: applications and grounds): qualifying offenders
(1)  A person is a qualifying offender for the purposes of section (Foreign travel orders: applications and grounds) if, whether before or after the commencement of this Part, he—
(a)  has been convicted of an offence within subsection (2),
(b)  has been found not guilty of such an offence by reason of insanity,
(c)  has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
(d)  in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
(2)  The offences are—
(a)  an offence within any of paragraphs 13 to 15, 41 to 43, 63, 64 and 66 of Schedule 2;
(b)  an offence within paragraph 28 of that Schedule, if the intended offence was an offence against a person under 16;
(c)  an offence within paragraph 68 of that Schedule, if—
(i)  the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;
(ii)  the corresponding civil offence is an offence within paragraph 28 of that Schedule, and the intended offence was an offence against a person under 16; or
(iii)  the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 27 and 29 to 32 of that Schedule, and the victim of the offence was under 16 at the time of the offence.
(d)  an offence within any other paragraph of that Schedule, if the victim of the offence was under 16 at the time of the offence.
(3)  A person is also a qualifying offender for the purposes of section (Foreign travel orders: applications and grounds) if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a)  he has been convicted of a relevant offence (whether or not he has been punished for it),
(b)  a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
(c)  such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
(d)  he has been cautioned in respect of a relevant offence.
(4)  In subsection (3), "relevant offence" means an act which—
(a)  constituted an offence under the law in force in the country concerned, and
(b)  would have constituted an offence within subsection (2) if it had been done in England and Wales or Northern Ireland.
(5)  An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.
(6)  Subject to subsection (7), on an application under section (Foreign travel orders: applications and grounds) the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
(a)  stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
(b)  showing his grounds for that opinion, and
(c)  requiring the applicant to prove that the condition is met.
(7)  The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6)."
458ZDInsert the following new Clause—
  "Foreign travel orders: effect
(1)  A foreign travel order has effect for a fixed period of not more than 6 months, specified in the order.
(2)  The order prohibits the defendant from doing whichever of the following is specified in the order—
(a)  travelling to any country outside the United Kingdom named or described in the order,
(b)  travelling to any country outside the United Kingdom other than a country named or described in the order, or
(c)  travelling to any country outside the United Kingdom.
(3)  The only prohibitions that may be included in the order are those necessary for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
(4)  If at any time while an order (as renewed from time to time) has effect a defendant is not a relevant offender, the order causes him to be subject to the requirements imposed by regulations made under section 88(1) (and for these purposes the defendant is to be treated as if he were a relevant offender).
(5)  Where a court makes a foreign travel order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
(6)  Section (Section (Foreign travel orders: applications and grounds): interpretation) (2) applies for the purposes of this section and section (Foreign travel orders: variations, renewals and discharges)."
458ZEInsert the following new Clause—
  "Foreign travel orders: variations, renewals and discharges
(1)  A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a foreign travel order.
(2)  The persons are—
(a)  the defendant;
(b)  the chief officer of police on whose application the foreign travel order was made;
(c)  the chief officer of police for the area in which the defendant resides;
(d)  a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.
(3)  Subject to subsection (4), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the foreign travel order, that the court considers appropriate.
(4)  An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
(5)  In this section "the appropriate court" means—
(a)  the court which made the foreign travel order;
(b)  a magistrates' court for the area in which the defendant resides; or
(c)  where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of his police area."
458ZFInsert the following new Clause—
  "Foreign travel orders: appeals
(1)  A defendant may appeal to the Crown Court—
(a)  against the making of a foreign travel order;
(b)  against the making of an order under section (Foreign travel orders: variations, renewals and discharges), or the refusal to make such an order.
(2)  On any such appeal, the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(3)  Any order made by the Crown Court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section (Foreign travel orders: variations, renewals and discharges) (5) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court)."
458ZGInsert the following new Clause—
  "Offence: breach of foreign travel order
(1)  A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by a foreign travel order.
(2)  A person guilty of an offence under this section is liable—
(a)  on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)  on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(3)  Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge."

 
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©Parliamentary copyright 2003
25 April 2003