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

House of Lords

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Clause 110

 

THE LORD FALCONER OF THOROTON

Page 56, line 12, leave out "he" and insert "resides in his police area or who the chief officer"
 

Clause 117

 

THE LORD FALCONER OF THOROTON

Page 60, line 6, leave out "103(4) to (6), 104 and 107" and insert "104 and (Section (Foreign travel orders: applications and grounds): qualifying offenders)"
Page 60, line 7, leave out ", cautions and punishments" and insert "and cautions"
 

After Clause 118

 

THE LORD FALCONER OF THOROTON

Insert the following new Clause—
  "Offences with thresholds
(1)  This section applies to an offence which in Schedule 2 is listed subject to a condition relating to the way in which the defendant is dealt with in respect of the offence or (where a relevant finding has been made in respect of him) in respect of the finding.
(2)  For the purposes of this Part (including in particular section 84(6))—
(a)  a person is to be regarded as convicted of such an offence, or
(b)  (as the case may be) a relevant finding in relation to such an offence is to be regarded as made,
  at the time when the condition is met.
(3)  In the following subsections, references to a foreign offence are references to an act which—
(a)  constituted an offence under the law in force in a country outside the United Kingdom ("the relevant foreign law"), and
(b)  would have constituted an offence to which this section applies (but not an offence, listed in Schedule 2, to which this section does not apply) if it had been done in any part of the United Kingdom.
(4)  In relation to a foreign offence, references to the corresponding UK offence are references to the offence (or any offence) to which subsection (3)(b) applies in the case of that foreign offence.
(5)  For the purposes of this Part, a person is to be regarded as convicted under the relevant foreign law of a foreign offence at the time when he is, in respect of the offence, dealt with under that law in a way equivalent to that mentioned in Schedule 2 as it applies to the corresponding UK offence.
(6)  Where in the case of any person a court exercising jurisdiction under the relevant foreign law makes in respect of a foreign offence a finding equivalent to a relevant finding, the court's finding is, for the purposes of this Part, to be regarded as made at the time when the person is, in respect of the finding, dealt with under that law in a way equivalent to that mentioned in Schedule 2 as it applies to the corresponding UK offence.
(7)  Where (by virtue of an order under section 117 or otherwise) an offence is listed in Schedule 3 subject to a condition such as is mentioned in subsection (1), this section applies to that offence as if references to Schedule 2 were references to Schedule 3.
(8)  In this section, "relevant finding", in relation to an offence, means—
(a)  a finding that a person is not guilty of the offence by reason of insanity, or
(b)  a finding that a person is under a disability and did the act charged against him in respect of the offence."
 

Clause 122

 

THE LORD FALCONER OF THOROTON

Page 65, line 4, after "(5)" insert ", (Foreign travel orders: appeals)"

 
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16 April 2003